On the agenda: Lakewood August 10, 2026 — license plate reader (Aug 10)

LAKEWOOD CITY COUNCIL
STUDY SESSION AGENDA
Monday, August 10, 2026
7:00 P.M.
City of Lakewood
Council Chambers
6000 Main Street SW
Lakewood, WA 98499

Residents can virtually attend City Council
meetings by watching them live on the city’s
YouTube channel:
https://www.youtube.com/user/cityoflakewoodwa
Those who do not have access to YouTube can call
in to listen by telephone via Zoom: Dial +1(253) 2158782 and enter meeting ID: 868 7263 2373
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Page No. 1

CALL TO ORDER
ITEMS FOR DISCUSSION:
(3)

1.

Pierce County Library System Update. – Gretchen Caserotti,
Executive Director

(14)

2.

Review of the interlocal agreement with Pierce County regarding
the Tourism Promotion Area (TPA). – (Memorandum)

(31)

3.

H-Barn Project Update and Exploration of Lease/Facility Use
Agreement with Partners for Parks. – (Memorandum)

(58)

4.

Introduction of the 2026 Comprehensive Plan Amendments.
– (Memorandum)

(155)

5.

Review of preliminary draft encroachment permit framework.
– (Memorandum)

(206)

6.

Review of City Council Goals and Priorities - City Council Retreat
Follow-Up. – (Memorandum)

Persons requesting special accommodations or language interpreters should contact the
City Clerk, 253-983-7705, as soon as possible in advance of the Council meeting so that an
attempt to provide the special accommodations can be made.

http://www.cityoflakewood.us

Lakewood City Council Agenda

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August 10, 2026

ITEMS TENTATIVELY SCHEDULED FOR THE MONDAY, AUGUST 17,
2026 REGULAR CITY COUNCIL MEETING AND STUDY SESSION:
1.

Police Commissioning and Commendation Ceremony.

2.

Business Showcase. – Bandido Solutions

3.

Authorizing the execution of an agreement with Pierce
County regarding the Tourism Promotion Area (TPA).
– (Motion – Consent Agenda)

4.

Authorizing the execution of an agreement for the
replacement of a section of the roof at Lakewood City Hall.
– (Motion – Consent Agenda)

5.

Authorizing the execution of an agreement for the Nisqually
Loop Interpretive Signage project. – (Motion – Consent
Agenda)

6.

This is the date set for a public hearing on the 2026
Comprehensive Plan Amendments. – (Public Hearings and
Appeals – Regular Agenda)

7.

Review of Conservations Futures Program. – (Items for
Discussion – Regular Agenda)

8.

Review of Automated Traffic Safety Camera Program. – (Items
for Discussion – Regular Agenda)

REPORTS BY THE CITY MANAGER
CITY COUNCIL COMMENTS
ADJOURNMENT

Persons requesting special accommodations or language interpreters should
contact the City Clerk, 253-983-7705, as soon as possible in advance of the Council
meeting so that an attempt to provide the special accommodations can be made.

http://www.cityoflakewood.us

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Pierce County Library System
Presented to
Lakewood City Council
August 10, 2026

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Pierce County
Library System
• Serves 686,500 people with 19
library facilities.
• Fourth largest system in the
state.
• More than 1.5 million books,
e-books, audiobooks, movies
and other materials.

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Pierce County Library Finances
• Total 2025 General Fund revenues and
transfers in: $49,461,383
• Total 2025 expenditures: $46,125,435
• 96.3% of funding (excluding transfers in)
for library services in the General Fund
comes from property taxes. By state law,
library systems may collect up to 50 cents
per $1,000 of a property’s assessed value.
• $0.33 cents per $1,000 of assessed
property value was the 2025 tax rate.

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Pierce County Library Supporters
• Pierce County Library Foundation
raised $60,000 at last year’s annual
Trivia BEE fundraising event.
• The Library works with 14 Friends
organizations. The Friends of the
Lakewood and Tillicum Libraries have
provided over $10,000 in support to
programs and services for all ages in
the past three years.
• Lakewood Friends support has
improved accessibility in our youth
programs, helping us meet the needs
of our youngest customers.

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•
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Fast Facts 2025

Pierce County Library System

Lakewood Library

Tillicum Library

2,527,146 visits
5,347,728 books and materials
checked out
494,890 uses of online
databases/e-sources
347,873 cardholders
2,642 classes and events
74,727 attendees to classes and
events

• Built in 2024
• 105,664 visitors
• 30,453 books and materials in
the library
• 108,003 books and materials
checked out
• 26,501 cardholders
• 218 classes and events
• 2,246 attendees to classes and
events

• Built in 1985
• 37,192 visitors.
• 8,266 books and materials in the
library
• 9,784 books and materials
checked out
• 2,426 cardholders
• 30 classes and events
• 354 attendees to classes and
events

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https://mypcls.org/about-us/strategic-plan/

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Lakewood Library Feasibility Study, 2025

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Vision: A civic landmark and flexible community hub that reflects
Lakewood’s diversity and supports future generations.
Key goals:
• Strong civic presence
• Flexible, inclusive community spaces
• High environmental performance
• Recommended a 20,000–30,000 SF library
• Estimated project budget ranges from approximately $30M–$50M+
depending on building size, site development, sustainability goals,
project scope, and market.
• Identified two-story concepts as the preferred approach to maximize
site efficiency, parking, and outdoor space.
• Design should preserve and integrate existing Garry Oak trees while
meeting CBD zoning requirements.

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Lakewood Library Upcoming Events

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ADULT CLASSES AND EVENTS
Low Waste Living – A Science
and Sustainability Program*
Tuesday, August 11,
4:30-6 p.m.

YOUTH AND FAMILY EVENTS
Sensory Bins & Toy Time – A
Play Time Program
Wednesday, August 12,
10:30-11:30 a.m.

TEENS
Temporary Tattoos – A Teen
Creative Space Program
Wednesday, August 12,
5-6 p.m.

Lakewood Readers
Monday, August 17,
5:30-7:00 p.m.

STORY TIMES
Cuentos Bilingües / Bilingual
Story Time – Cuentos en
Español e Inglés / SpanishEnglish Story Time Thursday,
August 13, 20, 27,
10:30-11:30 a.m.

I’m Just Here for the Crafts –
A Teen Drop-In Program
Thursday, August 20,
4-5 p.m.

*Registration required

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Tillicum Library Upcoming Events

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ADULT CLASSES AND EVENTS
Find Medicare Answers with
Shiba – A Health and Wellness
Program Saturday, August
15, 1-3 p.m.

YOUTH AND FAMILY EVENTS
Water’s Incredible Journey –
Pierce County Environmental
Educators Wednesday,
August 12, 4-5 p.m.

TEENS
Junk Journaling – A Teen
Creative Space Program
Thursday, September 10,
4-5 p.m.

Legal Help Pop-Up – Drop in
Legal Assistance from
Tacomaprobono Thursday,
August 20, 2-4 p.m.

Playtime – A Play Time
Program Saturday, August
15, 22, 29, 10:30-11:30 a.m.

STORY TIMES
Story Time for Mixed Ages
Wednesday, August 12, 19, 26,
10:30-11 a.m.

*Registration required

Silly Saturday – A STEAM for
Kids Discovery Lab Program
Saturday, August 29,
2-4 p.m.
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Thank You
Together, we can build a Pierce County where everyone
thrives through inclusion, curiosity, and connection.

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TO:

Mayor and City Councilmember

THROUGH: Doug Russell, City Manager
FROM:

Becky Newton, Economic Development Manager and Jeff
Rimack, Planning and Public Works Director

DATE:

August 10, 2026

Subject:

Review of interlocal agreement with Pierce County regarding the
Tourism Promotion Area (TPA)

ATTACHMENTS: Attachment A: Interlocal Agreement; Attachment B: Pierce
County Timeline for approvals

Summary
This is an update to Pierce County Ordinance No. 2011-17, established by
Ordinance No. 2009-110s. The purpose of updating this agreement is to
increase the rate of collection in order to maintain, and increase, our region’s
tourism competitiveness.
Background
What is a TPA?
A Tourism Promotion Area (TPA) is a stable source of funding for marketing
and sales efforts designed to increase tourism demand for Pierce County's
tourism businesses. Funds raised through a small charge on lodging stays are
used to promote tourism across several different categories, such as leisure
travel, sports tourism, events, and conventions.
The Pierce County Tourism Promotion Area (TPA) is uniquely structured with
a rare, tiered format that hasn’t been updated since its inception in 2009.
Despite shifts in market conditions and increasing costs, the Tourism
Authority has continued to deliver strong performance and maximize
resources. While other regions have increased their charges, Pierce County
made the most of what was available, generating significant impact and
supporting a substantial portion of local tourism activity. A modest update to
the TPA will be instrumental in increasing the competitiveness of the Pierce
County market, to include all cities participating. It will also assist in
protecting the valuable progress we've made.

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What is a TPA Designed to Do?

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A Tourism Promotion Area (TPA) is a stable source of funding for marketing
and sales efforts designed to increase tourism demand for Pierce County's
tourism businesses. Funds raised through a small charge on lodging stays are
used to promote tourism across several different categories, such as leisure
travel, sports tourism, events, and conventions. TPAs are designed, created,
and governed by those who collect the charge and must be spent to benefit
those lodging facilities in the district and cannot be diverted for other
government programs. The process includes planning, outreach,
development of a TPA plan, and the legislative approval process. The
formation of TPAs are lodging driven efforts. A committee of local
stakeholders consisting of private lodging businesses, economic
development advocates, and Destination Marketing Organization leadership
work together to build consensus and support.
How is it Funded?
A TPA is funded by levying an industry-imposed charge - a fixed amount per
occupied room night. Funds are typically collected in the same manner as
lodging taxes (through the guest folio) and are therefore passed on to the
customer. Funds must be used for marketing (and related overhead) that will
benefit the lodging facilities by participating in the TPA.
Advantages of a TPA
1. Provides a stable funding source for tourism promotion;
2. Designed and created by those who pay the charge;
3. Governed by those who pay the charge;
4. Funds cannot be diverted for non-tourism government programs;
5. Opportunity for the local government to support the tourism industry
through a no-expense policy decision;
6. Charge does not affect the residents of the jurisdiction;
7. Provides for community growth using visitor income to bolster existing
tax revenues; and
8. It is a Public-private partnership for a long-term stable supplemental
revenue source.
Why a Modification?
1. We are behind in collection compared to the rest of the state and have
not adjusted the charge since 2009;
2. It helps us remain competitive against other destinations across the
country; and
3. It keeps us from losing the hard-fought existing business we have
already built.

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Comparisons

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1. The Pierce County functional "actual" collection charge averages to
$0.94 per night, whereas our peers collect up to $5.00 across all hotels
(with no tiers); and
2. The same item that used to cost $1.00 in 2009 now costs $1.44 in 2026,
representing a 44% change in value which supports adjusting the TPA
charges.
Next Steps
1. Review agreement
2. City Council consideration on consent agenda for August 17

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TPA - ATTACHMENT A

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AMENDED AND RESTATED INTERLOCAL AGREEMENT
FOR ESTABLISHMENT OF
PIERCE COUNTY TOURISM PROMOTION AREA
This Amended and Restated Interlocal AGREEMENT (“Agreement”) is entered into as
of the ___ day of ________________, 2026, by and among PIERCE COUNTY, a political
subdivision of the State of Washington (“County”); the CITY OF TACOMA, a municipal
corporation of the State of Washington (“Tacoma”); the CITY OF PUYALLUP, a
municipal corporation of the State of Washington (“Puyallup”); the CITY OF FIFE, a
municipal corporation of the State of Washington (“Fife”); the CITY OF GIG HARBOR, a
municipal corporation of the State of Washington (“Gig Harbor”); the CITY OF
LAKEWOOD, a municipal corporation of the State of Washington (“Lakewood”); the CITY
OF DUPONT, a municipal corporation of the State of Washington (“DuPont”); the CITY
OF SUMNER. a municipal corporation of the State of Washington (“Sumner”); and the CITY
OF RUSTON, a municipal corporation of the State of Washington (herein referred to
collectively as the “Cities” or separately as “City”) pursuant to the authority of the Interlocal
Cooperation Act, RCW 39.34. et seq. and the Tourism Promotion Areas Act, RCW 35.101
et seq., for the purpose of restating and amending the parties’ prior Interlocal Agreement
regarding the establishment of the Tourism Promotion Area to levy Special Assessments to
fund tourism promotion.
WHEREAS, the Pierce County Council, through Resolution R2009-119, authorized
the County Executive to enter into an Interlocal Agreement with the cities of DuPont, Fife,
Gig Harbor, Lakewood, Puyallup, Sumner and Tacoma for the establishment of a Pierce
County Tourism Promotion Area pursuant to RCW 35.101; and
WHEREAS, the Pierce County Council, through Ordinance 2009-110s, created the
Pierce County Tourism Promotion Area to levy special assessments to fund tourism
promotion; and
WHEREAS, the Cities entered into an Interlocal Agreement for the Establishment
of Pierce County Tourism Promotion Area (“Original TPA Agreement”) to levy special
assessments to fund tourism promotion; and
WHEREAS, the parties subsequently adopted an Amendment to the Original TPA
Agreement dated May 25, 2011; and
WHEREAS, the parties acknowledge that the City of Fife is withdrawing from
participation in the TPA Agreement effective as of the execution of this Agreement and,
as a result, is no longer included in the Pierce County Tourism Promotion Area, and desire
to amend the TPA Agreement to reflect the removal of Fife; and
WHEREAS, the parties agree that the City of Ruston desires to join the Pierce
County Tourism Promotion Area, and desire to amend the TPA Agreement to add the City
of Ruston; and
WHEREAS, the parties agree that the assessment zones, assessment rates, revenue
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allocation formula, and permitted uses of TPA funds should be amended as outlined below;
and
WHEREAS, the Cities now desire to amend and restate the Original TPA
Agreement.
NOW, THEREFORE, for and in consideration of the promises set forth hereafter,
Pierce County and the Cities hereby agree as follows:
1.

Purpose. The purpose of this Agreement is to promote tourism in Pierce County by
permitting the establishment of a Pierce County Tourism Promotion Area (“TPA”)
pursuant to RCW 35.101, which when created, will permit collection of Special
Assessments from Lodging Businesses located within Pierce County to fund tourism
promotion and to memorialize the agreement between the parties relating to this
TPA.

2.

Definitions. As used in this Agreement, the following terms, unless the context
otherwise dictates, shall have the following meanings:
2.1 “Agreement” shall mean this Interlocal Cooperation Agreement entered into
among Pierce County and the Cities, for the establishment of a Pierce County Tourism
Promotion Area by Pierce County as authorized by RCW 35.101.040(2).
2.2 “Annual Budget” shall mean the Pierce County Tourism Promotion Area
budget for a fiscal year, as adopted or amended by the Pierce County Council, after
the receipt of a recommendation from the Pierce County Tourism Promotion Area
Hotel Commission, identifying all estimated revenue from Special Assessments for
the fiscal year, and providing for all proposed uses of Special Assessment revenue
for the purpose of providing tourism promotion in Pierce County for the ensuing
fiscal year.
2.3 “Lodging Business” means a business which is located within the Pierce
County Tourism Promotion Area that furnishes lodging taxable by the state under
RCW 82.08 that has forty (40) or more lodging units.
2.4
“Operator” means the Operator of a Lodging Business, whether in the capacity
of owner, general manager, lessee, sub lessee, mortgagee in possession, licensee or
any other similar capacity.
2.5 “Pierce County Tourism Promotion Area Hotel Commission” means the Pierce
County Tourism Promotion Area Hotel Commission, established by Pierce County,
whose members shall be selected by the Pierce County Council from a list of
nominees prepared by the TPA Manager, to provide recommendations to the Pierce
County Council on proposed uses and projects of the Pierce County Tourism
Promotion Area; pursuant to the provisions of RCW 35.101.130 (1) as provided in this
Agreement.
2.6
“Pierce County Metropolitan Area” means the entire geographic boundary of
Pierce County, including the entire areas within the jurisdiction of the Cities and the
unincorporated area of Pierce County.
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2.7 “Pierce County Tourism Promotion Area” or “TPA” means the Tourism
Promotion Area created by the resolution of the Pierce County Council pursuant to
the authority of the Tourism Promotion Areas Act, RCW 35.101, as authorized or as
will be authorized by the resolutions of each of the respective City Councils of the
Cities adopting the terms of this Agreement.
2.8
“Room Revenues” means the gross per-night charge (nights of stay) imposed
for the rental of a room or combination of rooms for Lodging.
2.9
“Special Assessment” means the levy (charge) imposed by Pierce County
on the Operators of a Lodging Business within the Pierce County Tourism
Promotion Area and subsequently passed on to the guests of the Lodging Business,
under the authority of RCW 35.101 for the purpose of providing for funding of
tourism promotion in Pierce County.
2.10 “TPA Manager” shall mean the Economic Development Department of the
County of Pierce, which shall administer the operation of the Tourism Promotion
Area.
2.11 “Tourism Promotion” means activities and expenditures designed to
increase tourism and convention business, including but not limited to, advertising,
publicizing, or otherwise distributing information for the purpose of attracting and
welcoming tourists, and operating tourism destination marketing organizations.
2.12 “Transient Basis” means rental of a room or rooms for dwelling, lodging,
or sleeping purposes by the Operator of a Lodging Business for a period of thirty
(30) consecutive calendar days or less, counting a portion of a day as a full calendar
day.
2.13
“Zone” or “Zones” means the distinct geographic subarea or subareas
within the Pierce County Tourism Promotion Area as established by resolution of
the Pierce County Council and as set forth in Exhibit “B” attached to this
Agreement.
3.

Tourism Promotion Area Established and Maintained by Pierce County.
A. It is hereby understood and agreed by Pierce County, and the Cities, that Pierce
County, pursuant to the authority of RCW 35.101.040 (2), has established and
shall continue to maintain a “Tourism Promotion Area” designated as the Pierce
County Tourism Promotion Area, which includes the unincorporated area of
Pierce County and the entire area within the corporate limits of the participating
Cities.
B. It is hereby understood and agreed by Pierce County, and the Cities, that the
purpose of permitting the Pierce County Council to form the Pierce County
Tourism Promotion Area under RCW 35.l01.040 (2) is to provide revenue to fund
tourism promotion that will benefit the lodging and tourism industry in
unincorporated Pierce County and the Cities.

4.

Levy of Special Assessments on Lodging Businesses within the Pierce County
Tourism Promotion Area.
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A. The Pierce County Council will impose Special Assessments on the Operators of
Lodging Businesses within the Pierce County Tourism Promotion Area in
accordance with the zones and levels of Special Assessments as set forth in
Resolution No. R2009-32.
B. Pierce County shall contract with the State Department of Revenue for the
administration and collection of such Special Assessments pursuant to RCW
35.101.090.
C. It is understood and agreed by and between Pierce County and the Cities, that the
Pierce County Tourism Promotion Area shall include the following four (4) zones:
Zone A. Zone A encompasses those lodging businesses located within the
Downtown Area of the incorporated city limits of the city of Tacoma.
The Tacoma Downtown Area comprises the area starting at the intersection of
Yakima Avenue and Interstate 5. The boundary heads north on Yakima Avenue,
then turns west onto S I Street and continues to S 6th Avenue.
It then proceeds east on S 6th Avenue to S G Street, where it turns north and
continues to Division Avenue. From there it heads north-east until running into
the Commencement Bay.
It runs along Commencement Bay south-east until reaching E 23rd Street. It
wraps around the body of water east until E 21st Street where it heads east and
then turns south on E D Street. Upon connecting with Puyallup Avenue until
intersecting with E Portland Avenue. It proceeds south on E Portland Avenue,
then turns west on E Wiley Avenue and continues west until reconnecting (via
E D Street) with Interstate 5 and returning to the starting point.
Zone B. Zone B encompasses all lodging businesses in Tacoma outside of the
Downtown zone described in Zone A as well as the cities of Lakewood,
Ruston, and Puyallup.
Zone C. Zone C encompasses all lodging businesses in the cities of DuPont,
Gig Harbor, Sumner and the unincorporated area of Pierce County.
Zone D. Zone D encompasses Lodging Businesses located within the TPA, as
that term is addressed in WAC 458-20-166 as it presently exists or may be
hereinafter amended, other than hotels, motels, and bed and breakfast facilities
with forty (40) or more lodging units. Lodging businesses within this zone, as
addressed in WAC 458-20-166, would include only:
(1) Trailer camps and recreational vehicle parks which charge for the rental
of space to transients for locating or parking house trailers, campers,
recreational vehicles, mobile homes, and tents;
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(2) Educational institutions which sell overnight lodging to persons other
than students;
(3) Private lodging houses, dormitories and bunkhouses operated by or on
behalf of businesses and industrial firms or schools solely for the
accommodation of employees of such firms or students which are not
held out to the public as a place where sleeping accommodations may
be obtained; and
(4) Guest ranches or summer camps which, in addition to supplying meals
and lodging, offer special recreational facilities and instruction in sports,
boating, riding and outdoor living.
(5) Hotels, motels and bed and breakfast facilities with fewer than forty (40)
lodging units.
D. It is understood and agreed by and between Pierce County, and the Cities, that the
Operators of Lodging Businesses within the Pierce County Tourism Promotion Area
operating in the above-described zones will be subject to Special Assessments to be
levied as follows:
Beginning July 1, 2026, or as soon as possible thereafter:
ZONE A

Tacoma Downtown Area

ZONE B

Tacoma (outside of Downtown Area),
Lakewood, Ruston, Puyallup
Gig Harbor, DuPont, Sumner,
unincorporated Pierce County
Zone D

ZONE C
ZONE D

$5.00 per occupied
room/day
$3.00 per occupied
room/day
$1.50 per occupied
room/day
$0.00 per occupied
room/day

Effective upon the expiration of RCW 35.101.057, and if no other Additional
Charges are permitted pursuant to RCW 35.101, the TPA Special Assessments to
be imposed on the operators of lodging businesses, as defined by RCW 35.101.010
(3) and the Interlocal Agreement for Establishment of a Tourism Promotion Area,
are as follows:
ZONE A

Tacoma Downtown Area

ZONE B

Tacoma (outside of Downtown Area),
Lakewood, Ruston, Puyallup
Gig Harbor, DuPont, Sumner,
unincorporated Pierce County
Zone D

ZONE C
ZONE D

$2.00 per occupied
room/day
$2.00 per occupied
room/day
$1.50 per occupied
room/day
$0.00 per occupied
room/day

E. Any change in the Special Assessment rates for any zone as set forth hereinabove
shall be made only by amendment of the resolution by Pierce County Council, with
the approval of each of the respective City Councils of the Cities. No change in the
Special Assessment rates for any zone or change in the boundaries of any zone shall
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be made by the Pierce County Council except upon a two-thirds affirmative
recommendation of the Pierce County Tourism Promotion Area Hotel Commission.
F. It is understood and agreed by the parties, that the Special Assessments imposed
under this section are not a tax on the "sale of lodging" for the purposes of RCW
82.14.410 and are not applicable to temporary medical housing exempt under RCW
82.08.997.
G. It is understood and agreed by the parties, that the Special Assessments imposed
under this Agreement are in addition to the special assessments that may be levied
under RCW 35.87A.
5.

Administration and Collection of Special Assessments.
A. It is understood and agreed that in accordance with RCW 35.101.090, the
Washington State Department of Revenue shall administer the Special
Assessments authorized under this Agreement and shall deposit the Special
Assessments collected into the local tourism promotion account created in the
custody of the state treasurer under RCW 35.101.100.
B. It is understood and agreed that in accordance with RCW 35.101.100, the state
treasurer has the authority to distribute the money from the tourism promotion
account to the Pierce County Council on a monthly basis.

6.

Use of Special Assessment Revenues For the Promotion of Tourism and
Convention Business in Pierce County.
A. It is understood and agreed that all of the revenues derived from Special
Assessments shall be allocated by the Pierce County Council in accordance with
the Annual Budget for Pierce County Tourism Promotion Area. The Pierce County
Tourism Promotion Area Hotel Commission shall make a recommendation to the
Pierce County Council on all Annual Budgets. The Pierce County Council shall
have the ultimate authority to set and approve all Annual Budgets.
B. The revenues derived from the Special Assessments shall be used only for the
following purposes:
(1) Activities and expenditures designed to increase tourism within Pierce County
as specified in the TPA business plan to be adopted annually; and
(2) The marketing of conventions, trade shows, and events that benefit local
tourism and the lodging industry in the TPA, including associated personnel
and administration costs; and
(3) The marketing of Pierce County to the travel industry in order to benefit local
tourism and the lodging industry in the TPA, including associated personnel
and administration costs; and
(4) The marketing of Pierce County to recruit sporting events in order to promote
local tourism and to benefit the lodging and tourism industry within the TPA,
including associated personnel and administration costs; and
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(5) Direct administration costs associated with management and maintenance of
the TPA program including but not limited to staff costs, public notice
advertising, accounting and auditing, as approved by the TPA Hotel
Commission and the Pierce County Council, provided no funds will be used for
the general operations of the TPA Manager or other costs not directly related to
operation of the TPA.
C. Revenues derived from TPA Special Assessments imposed under this section shall
be allocated as follows:
(1) At least ninety percent (90%) of the TPA revenue collected annually must be
allocated to an organization whose primary mission is year-round, tourism
promotion in the County of Pierce.
(2) Up to ten percent (10%) of TPA revenue collected annually may be allocated
to a grant program supporting activities and expenditures that comply with the
proposed uses and projects authorized in Pierce County Code Section 4.18.050,
as determined by the Pierce County Tourism Promotion Area Hotel
Commission.
7.

Establishment of the Pierce County Tourism Promotion Area Hotel Commission.
A. It is understood and agreed that the Pierce County Council shall, pursuant to the
authority of RCW 35.101.130, (1) create a Pierce County Tourism Promotion Area
Hotel Commission to advise the Pierce County Council on the expenditure of
Special Assessment revenues to fund tourism promotion within Pierce County.
The Pierce County Tourism Promotion Area Hotel Commission shall have no less
than 8 members and no more than a total of 15 members, including ex officio
members.
B. The Pierce County Council shall select voting Members of the Pierce County
Tourism Promotion Area Hotel Commission from a list of nominees prepared by
the TPA Manager. All nominees for membership on the Pierce County Tourism
Promotion Area Hotel Commission must be Operators of Lodging Businesses
within Pierce County, or employed by the Operator of such a Lodging Business,
typically General Managers or Directors of Sales & Marketing.
C. The Pierce County Council shall appoint up to three members of the Pierce County
Tourism Promotion Area Hotel Commission representing Tacoma and up to one
each representing Puyallup, Lakewood, Gig Harbor, Dupont, Sumner, Ruston, and
Pierce County. Any vacancy on the Pierce County Tourism Promotion Area Hotel
Commission arising from a resignation or other cause, shall be filled by the
appointing agency, from a list of nominees prepared by the TPA Manager, within
30 days from the date the “vacancy occurs.” Appointed members should be from
the city in which the vacancy occurs. In the event there are no suitable candidates
in a participating city, the seat may be filled by another operator of a lodging
business within Pierce County through the remainder of the vacated term.
D. The Pierce County Council may appoint up to one ex officio member of the
Commission from the members of the Pierce County Council or Pierce County at
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large. Pierce County Council may appoint up to four ex officio members of the
Commission from cities located in Pierce County participating in the inter-local
agreement. The ex officio members of the Pierce County Tourism Promotion Area
Hotel Commission may participate in all discussions regarding proposed activities
and programs that are funded by the Pierce County Tourism Promotion Area for the
promotion and marketing of tourism within Pierce County but shall not have voting
rights.
E. It is understood and agreed that, upon the initial establishment of the Pierce County
Tourism Promotion Area Hotel Commission, the initial members served staggered
terms, with three members serving a one-year term, four members serving two-year
terms, and four members serving three-year terms, with the length of each initial
term determined at the first meeting of the Commission.
Thereafter, all members subsequently appointed to the Pierce County Tourism
Promotion Area Hotel Commission shall serve three-year terms. No member may
serve more than two consecutive three-year terms. Following completion of two
consecutive terms, a former member shall be ineligible for reappointment for a
period of not less than twelve (12) months.
8.

Contract for Management of Pierce County Tourism Promotion Area.
A. The Pierce County Tourism Promotion Area Hotel Commission shall contract with
a TPA Manager. The contract shall be awarded consistent with all applicable
Pierce County laws, ordinances and regulations. The contract shall require the TPA
Manager to comply with all applicable provisions of law, including RCW 35.101
et seq. and with all Pierce County resolutions and ordinances as well as all
regulations lawfully imposed by the state auditor or other state agencies.
B. The TPA Manager will be responsible for administering the activities and
programs of the Pierce County Tourism Promotion Area and to prepare an Annual
Budget for the Pierce County Tourism Promotion Area to be reviewed and
approved by the Pierce County Tourism Promotion Area Hotel Commission and
submitted to the Pierce County Council on or before July 31st of each year. The
TPA Manager shall also act as staff to the Pierce County Tourism Promotion Area
Hotel Commission in conjunction with assisting it in determining what activities
and programs to recommend for funding from the Special Assessments.
C. The Annual Budget for the Pierce County Tourism Promotion Area shall consist
of:
(1) A list of the Lodging Businesses subject to Special Assessments and an estimate
of the revenue to be received from all such Lodging Businesses; and
(2) A statement of the proposed budget for all Pierce County Tourism Promotion
Area activities and programs recommended by the Pierce County Tourism
Promotion Area Hotel Commission to be funded from Special Assessments
during the ensuing fiscal year.
D. All Special Assessments that Pierce County has imposed and receives from the
Washington State Treasurer and any interest therein shall be deposited by Pierce
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County in a special account. Payments to the TPA Manager will be made as
provided for in the agreement between the Pierce County Tourism Promotion Area
Hotel Commission and the TPA Manager. Provided, however, no Special
Assessment shall be dispersed in any fiscal year until after the adoption of that
fiscal year's Annual Budget. Provided further that Pierce County shall not expend
in any fiscal year Special Assessments in excess of the approved fiscal year’s
Annual Budget.
E. The parties hereto acknowledge and agree that funds derived from the TPA Special
Assessment are intended to enhance and extend existing tourism marketing efforts
for any nonprofit charged with the marketing of tourism in Pierce County or that
has the purpose of promoting amateur year-round sports throughout Pierce
County. Such TPA funds shall be considered supplemental and shall not supplant
existing funding or services provided by the State or any unit of local government.
The parties further agree that a reduction in funds to the destination marketing
organization by a party to this Agreement may impact that party’s ability to receive
the benefits intended by participation in this Agreement.
9.

Modification or Disestablishment of the Pierce County Tourism Promotion Area.
A. The Pierce County Council, by appropriate action, may modify the provisions of
the ordinance establishing the TPA after adopting a resolution of intention to such
effect. Such resolution of intention shall describe the change or changes proposed
and shall state the time and place of a public hearing to be held by the Pierce
County Council to consider the proposed action.
B. The Pierce County Council may, by ordinance, disestablish the TPA after conducting
a hearing to receive public comment regarding the disestablishment of the TPA.
Upon receipt of a petition indicating a desire to disestablish the TPA, with the
signatures of the persons who operate lodging businesses in the TPA who pay forty
percent (40%) or more of the total special assessments, the Pierce County Council
shall adopt a resolution of intention to disestablish the TPA, and shall state the time
and place of a public hearing to be held by the Pierce County Council to consider the
proposed action, provided the public hearing will be at least fifteen (15) days prior to
consideration of the proposed action. If at said hearing a petition objecting to the
disestablishment is presented, with the signatures of the persons who operate lodging
businesses in the TPA who pay fifty-one percent (51%) or more of the total special
assessments, the TPA shall not be disestablished. If such petition objecting to the
disestablishment is not presented at said hearing, the County Council shall
disestablish the TPA.

10.

City of Fife Withdrawal from the TPA.
Effective as of the execution date of this Agreement, the City of Fife is hereby
withdrawn from the TPA. The boundaries of the TPA are amended accordingly to
exclude the City of Fife.

11. Miscellaneous Provisions.
A. Duration and Termination of this Agreement. This Agreement shall continue in
full force and effect until such time as the Pierce County Tourism Promotion Area
is disestablished by action of the Pierce County Council as provided in Section 9
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above. Following termination of this Agreement, Pierce County shall be
responsible for utilizing any remaining unallocated revenue from Special
Assessments for tourism promotion within Pierce County.
B. Waiver. No officer, employee, or agent of Pierce County, or the Cities, has the

power, right or authority to waive any of the conditions or provisions of this
Agreement. No waiver of any breach of this Agreement by Pierce County, or the
Cities, shall be held to be a waiver of any other or subsequent breach. Failure of Pierce
County, or the Cities, to enforce any of the provisions of this Agreement or to require
performance of any of the provisions herein, shall in no way be construed to be a
waiver of such conditions, nor in any way effect the validity of this Agreement or
any part hereof, or the right of Pierce County, and the Cities, to hereafter enforce
each and every such provision.
C. Records. All records prepared, owned, used or retained by the TPA Manager in

conjunction with operating or administering the activities and programs of the Pierce
County Tourism Promotion Area as provided for under the terms of this Agreement
shall be deemed records of Pierce County, and the Cities, and shall be made
available by the TPA Manager upon request to Pierce County, or the Cities, State
Auditor, or their authorized representatives. Records shall be retained according to
Pierce County records retention schedules.
D. Property and Equipment. Pierce County shall be the owner of all property and

equipment purchased by the TPA Manager from Special Assessment Revenues.
Provided, however, in the event of the termination of the Agreement with the TPA
Manager, Pierce County agrees to make the property and/or equipment available to
the successor TPA Manager for its use in conjunction with providing similar
services. Provided further, in the event of disestablishment of the Pierce County
Tourism Promotion Area, all property and equipment purchased by the TPA
Manager from Special Assessment Revenues shall be retained by Pierce County
and used for any lawful purposes.
E. Integration. This Agreement contains all of the terms and conditions agreed upon by

Pierce County, and the Cities, concerning the establishment of the Pierce County
Tourism Promotion Area by the Pierce County Council and the collection of Special
Assessments from Operators of Lodging Businesses within the entire area, including
the area within the incorporated city limits of the Cities. No other understandings, oral
or otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto. The parties have read and understand all of this
Agreement, and now state that no representation, promise, or agreement not
expressed in this Agreement has been made to induce the officials of Pierce County
or the officials of the Cities to execute this Agreement.
F. Severability. In the event any provision of this Agreement shall be declared by a
Court of competent jurisdiction to be invalid, illegal, or unenforceable, the
validity, legality and enforceability of the remaining provisions shall have full
force and affect.
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G. Execution of Agreement. This Agreement shall become effective immediately after it

is duly adopted by the Pierce County Council, the City Council of the City of Tacoma,
the City Council of the City of Puyallup, the City Council of the City of Fife, the City
Council of the City of Lakewood, the City Council of the City of Dupont, the City
Council of Gig Harbor, the City Council of the City of Ruston, and the City Council
of the City of Sumner and shall be filed with the County Auditor of Pierce County,
the City Clerks of Tacoma, Puyallup, Fife, Lakewood, Gig Harbor, Ruston,
Dupont and Sumner, and the Secretary of State of the State of Washington.
H. Indemnification and Defense. The County shall defend, indemnify, and save
harmless each City, its officers, employees, and agents from any and all costs,
claims, judgments, or awards of damages, arising out of this Agreement and
resulting from the acts or omissions of the County, its officers, employees, or
agents associated with this Agreement. In executing this Agreement, the County
does not assume liability or responsibility for or in any way release each City from
any liability or responsibility which arises in whole or in part from the existence
or effect of the respective City's ordinances, rules, regulations, resolutions,
customs, policies, or practices. If any cause, claim, suit, action or administrative
proceeding is commenced in which the enforceability and/or validity of any such
City ordinance, rule, regulation, resolution, custom, policy or practices is at issue,
each City shall defend the same at its sole expense, and if judgment is entered or
damages are awarded against such City, the County, or both, the City shall satisfy
the same including alt chargeable cost and attorney's service fees.
Each City shall defend, indemnify, and save harmless the County, its officers,
employees, and agents from any and all costs, claims. judgments, or awards of
damages, arising out of this Agreement and resulting from the acts or omissions of the
City, its officers, employees, or agents associated with this Agreement. In executing
this Agreement, none of the Cities assumes any liability or responsibility for or in
any way releases the County from any liability or responsibility which arises in
whole or in part from the existence or effect of County ordinances, rules,
regulations, resolutions, customs, policies, or practices. If any cause, claim, suit,
action or administrative proceeding is commenced in which the enforceability
and/or validity of any such County ordinance, rule, regulation, resolution, custom,
policy or practices is at issue, the County shall defend the same at its sole expense,
and if judgment is entered or damages are awarded against the County, such City, or
both the County and the City in question, the County shall satisfy the same
including all chargeable costs and attorney's service fees.
I. No real Property Acquisition. This interlocal Agreement does not provide for the
acquisition, holding, or disposal of real property.
J. Notice. Any formal notice or communication to be given among the County and
the Cities under this Agreement shall be deemed properly given, if delivered, or if
mailed postage prepaid and addressed to:
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City of DuPont
1700 Civic Drive
DuPont, WA 98327
ATTN: City Administrator

City of Puyallup
333 S. Meridian Street
Puyallup, WA 98371
ATTN: City Manager

City of Lakewood.
6000 Main Street SW
Lakewood, WA 984995027
ATTN: City Manager

City of Sumner
1104 Maple Street
Sumner, WA 98390
ATTN: City Administrator

Pierce County Economic Development
Division
950 Pacific Ave., Suite 720
Tacoma, WA 98402
ATTN: Economic Development Manager

City of Tacoma
747 Market Street
Tacoma, WA 98402
ATTN: City Manager

City of Ruston
5219 N Shirley Street
Ruston, WA 98407
ATTN: City Clerk

City of Gig Harbor
3510 Grandview
Street
Gig Harbor, WA 98335
ATTN: City
Administrator
City of Fife
5411 23rd Street
East
Fife, WA 98424
ATTN: City Manager

K. Filing. Copies of this Interlocal Agreement, together with the resolution of the
Pierce County Council and the Councils of each City approving and ratifying this
Agreement, shall be filed with the Clerk for each City, the Pierce County Auditor,
and the Secretary of State of Washington after execution of the Agreement by
each party. Provided as an alternative, this Agreement may be listed by subject
on the County's website or the Cities' websites or other electronically retrievable
public source.
L. Non-Discrimination. The County and the Cities certify that they are Equal
Opportunity Employers.
M. Amendment. Provisions within this Agreement may be amended with the mutual
consent of the parties hereto. No additions to or alteration of, the terms of this
Agreement shall be valid unless made in writing, formally approved and executed
by duly authorized agents of all parties.
IN WITNESS WHEREOF, Pierce County and the Cities of DuPont, Fife, Gig
Harbor, Lakewood, Puyallup, Sumner, Ruston, and Tacoma have executed this Agreement
by their duly authorized officials pursuant to all requirements of law.

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TPA -ATTACHMENT B

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Pierce County TPA
Modification Timeline
February 18, 2026

Action

Date

Initiate Project

Mid-April 2025

Individual meetings w/ municipal staff re: process

June – October 2025

All-Municipal staff meeting

November 12, 2025

Responsible Party
Civitas, Visit Pierce
County (VPC)
Civitas, VPC
Civitas, VPC,
municipalities

TPA Commission Vote: Direction to Pursue
Modification
Commission takes formal vote to pursue a TPA
modification
November 19, 2025
TPA Commission
Steering Committee Established
Immediately following an affirmative 1st vote, Commission
votes to form a new Steering Committee to define
modified parameters
Steering Committee Production
December 2025 – January Steering Committee (SC),
x Develop modified TPA parameters
2026
guided by VPC and Civitas
x Outreach and consensus building
TPA Commission Vote: Modified TPA parameters
March 11, 2026
TPA Commission
Steering Committee presents full proposal for
Commission consideration; unanimous vote required
If TPA Commission February Vote re: TPA Parameters Passes
Petition Circulation
March – April 2026
SC, VPC
Update and execute ILA Amendment reflecting modified
March – May 2026
Civitas, municipalities
TPA parameters
If TPA Commission February Vote re: TPA Parameters Does Not Pass
Steering Committee proposes ILA amendment allowing
February 18, 2026: TPA
SC, TPA Commission
supermajority approval for rate/zone changes
Commission meeting
Update and execute ILA Amendment, Part 1 to allow for
March – May 2026
Civitas, municipalities
supermajority approval
TPA Commission Vote: Modified TPA parameters
May 2026: TPA
SC, TPA Commission
Steering Committee presents full proposal for
Commission meeting
Commission consideration; supermajority vote required
Petition Circulation
May – June 2026
SC, VPC
Update and execute ILA Amendment, Part 2 reflecting
May – July 2026
Civitas, municipalities
modified TPA parameters
Contingent on March Vote:
Submit signed petitions to County Clerk
SC, VPC, County Clerk
May 2026

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Resolution of Intention
County Council adopts a resolution of intention to impose
the additional charge
Notice of Hearing
x Publish the resolution in a newspaper and mail
copies to charged lodging businesses in the TPA
x Mailing and publishing must be completed at least
10 days prior to the date and time of the hearing.
County Council Conduct of Hearing & Adoption of
Ordinance
x Assumes there is no majority protest at the
hearing
x At least 10 days after mail and publish of ROI
Provide all documentation to DOR to begin collections
x Need finalized Ordinance, ILA, petitions (per DOR,
e-signatures are permissible)
x Department of revenue contract must be completed
75 days before effective date of charge
TPA begins collecting additional charge on effective date
of the ordinance*
TPA begins receiving remitted assessments from DOR

July 2026
Contingent on February
Vote
June 2026
August 2026

County Council

At least 10 days prior to
hearing date

County Clerk

Contingent on February
Vote
July 2026
September 2026

County Council

**Must be completed 75
days before effective
date of additional
charge.**

County, DOR, VPC, Civitas

Contingent on February
Vote
January 1, 2027***
TBD

VPC
DOR

*DOR collects on a quarterly basis.
TPA Charge Effective
04/01/2026
07/01/2026

Ordinance must be received by:
01/16/2026
04/17/2026

10/01/2026
01/01/2027

No taxes may be imposed***
10/18/2026

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To:

Mayor and Councilmembers

From:

Roxanne Miles, Parks, Recreation & Community Services Director

Through:

Doug Russell, City Manager

Subject:

H-Barn Project Update and Exploration of Lease/Facility Use Agreement
with Partners for Parks

Date:

August 10, 2026

Exhibits:

Presentation, Draft Lease

Summary:. The H-Barn rehabilitation project has been a cooperative effort between
the City of Lakewood and Partners for Parks for many years, with the most recent
activity to include fundraising and design of the project. A feasibility study in 2022
set a 4-year timeline (2022-2025) to advance the project to construction. To achieve
this goal, the City and Partners for Parks have explored many avenues for funding
and continue to seek solutions that can move the project forward. One of the
options to advance the project is to consider a different relationship with Partners
for Parks that includes leasing Partners for Parks the land with the current barn on
it, and then collaboratively improving the site. The City would maintain its role as
project manager. Through the lease, the Partners would control the site and
operations of the facility, however, Partners would also be granting the City priority
and majority usage of the improved site due to our capital investment. The City and
Partners for Parks would develop and Operating Board to establish the budget,
schedule and operations protocols of the site. City-programs would be the priority
for the site, and the City would cover maintenance costs associated with City use.
At the end of the 20-year lease or early termination, the improved property would
revert to City control.
Background: Following a 2022 approved feasibility report, the City of Lakewood
and Partners for Parks have been actively seeking funding to advance the
rehabilitation of the H-Barn and Silos at Fort Steilacoom Park into a community
facility. A memorandum of agreement was signed with Partners for Parks in
February 2025, and an architectural consultant, Graham Baba, was hired in 2025.
In November 2025, general options for the 30% design were presented and
direction was given to avoid phasing and pursue the full build out of the project to
60% design, at an estimated cost of $14M, while seeking cost saving efforts. An adhoc committee met April 6, 2026 to evaluate cost saving options and changes to
the 30% design were authorized, resulting in an updated schematic design with
features that are expected to cost $10.2M to construct. The contract amendment
to redo 30% Schematic Design and re-proceed to 60% design was authorized July
20, 2026.

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Based on a project budget of $12M ($1.8M design and $10.2M construction), the City
and Partners for Parks have both committed $4M in resources, while seeking
additional means of securing the final $4M needed to develop the facility.
Anticipated Project Funding:
$4,000,000 Partners for Parks (February 2025 agreement is $3.5M)
$4,000,000 City of Lakewood
$200,000 State of Washington Legislative Appropriation 2026 (Silos)
$2,500,000 Building Communities Fund Grant – Requires Action
$500,000+ Federal Legislative Appropriation 2026 – Pending
$500,000 Nisqually Indian Tribe Local Government Capital Request 2026 – Pending
$300,000 TBD
The City and Partners expect to know status/ranking on all pending funds by
November 1, 2026.
Current Status: An evaluation of funding sources leads to a recommendation for a
new type of relationship with Partners for Parks that can meet mutual goals, secure
resources and bring the project funding to align with its design status and timeline.
Next Steps:
• Partners will submit Building Communities Fund grant if a lease/facility use
agreement is adopted by grant deadline.
• 60% design and fundraising status report scheduled for Dec 14, 2026.
• If advanced, permit submittal will commence in February, 2027.
• Construction documents and bidding to commence, Fall 2027 after grant
contracts are secured.
• Anticipate construction start ~Q1 2028

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LEASE AND SERVICES AGREEMENT FOR DEVELOPMENT
AND SHARED USE OF A COMMUNITY FACILITY AT FORT STEILACOOM PARK
This lease and Services Agreement is made and entered into by and between the City of
Lakewood ("City") and Partners for Parks, a Washington non-profit, ("Partners"), ( collectively,
the "Parties").

RECITALS
WHEREAS, on February 21, 2025, the Parties entered into a Memorandum of
Understanding to work together to preserve, restore and renovate the H-Barn Complex at
Fort Steilacoom Park into a multi-use facility for the benefit of the greater community;
and
WHEREAS, the purpose of the Initial Agreement was to provide for shared funding,
operation, and use of Community Facility ("Project") to be jointly utilized by the Partners and
the City; and
WHEREAS, the City's main goal in entering into the Initial Agreement was to provide
partial funding for the construction of a Community Facility that could be used to support
tourism and tourist activities as well as support local programs offered by the City and Partners;
and
WHEREAS, the City and Partners have identified and committed funding for the
$12,000,000 Project and find it in the best interest of the City and Partners to advance the
Project through a more formal relationship; and
WHEREAS , the Project is slated to move into construction within the next two
years given the receipt of said funding and the Parties desire to amend the Initial Agreement
with respect to the design, construction, operations and use of the Community Facility; and
WHEREAS , the City finds that it is in the bests interests of the public welfare to clarify
the terms of the Initial Agreement with respect to the Community Facility;

NOW, THEREFORE, in consideration of the mutual undertakings and promises
contained herein and the benefits to be realized by each party, and other good and valuable
consideration, including the benefit to the general public by the construction of a facility to
support tourism and to accommodate community programs, the Parties hereto agree as follows:
AGREEMENT
DEFINITIONS:
ARTICLE 1.
For purposes of the Agreement, the following terms, phrases, words, and their derivations
and those such terms, phrases, words, and their derivations as defined throughout this
Agreement, shall have the meaning given herein where capitalized; words not defined herein
shall have their ordinary and common meaning. When not inconsistent with the context, words
used in the present tense include the future, words in the plural number include the singular
number, words in the singular number include the plural number, and the use of any gender shall
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be applicable to all genders whenever the sense requires. The words "shall" and "will" are
mandatory and the word "may" is permissive. References to governmental entities (whether
persons or entities) refer to those entities or their successors in authority. If specific provisions
of law referred to herein be renumbered, then the reference shall be read to refer to the
renumbered provision.
1.1
"Agreement" means this Agreement, as may be amended and restated or
supplemented in writing from time to time, and includes all exhibits, if any, hereto. References
to Sections or Exhibits are to this Agreement unless otherwise qualified.
1.2
"Initial Agreement" means the Agreement entered into between the Parties on
February 21, 2025. See copy attached and incorporated herein.
1.3
"Contribution" or "Contribution Obligation" shall mean that portion of funding
provided by the City related to the construction of the Community Facility under both the
Initial Agreement and this Agreement.
1.4

"Effective Date" means the date this Agreement is executed by both Parties.

1.5
"Community Facility" shall mean the entirety of the grounds within the lease
area and all development upon it as defined in Exhibit B that provides approximately xxx sq.
ft. of usable indoor and outdoor space for community programs and tourist related activities.
1.6
"Manage," or any derivation thereof: shall mean to direct, control, govern,
determine, oversee and administer the Operation of the Community Facility in accordance
and compliance with the terms and conditions of this Agreement.
1. 7
"Operate," or any derivation thereof, shall mean to carry out, conduct, put into or
continue in operation, in accordance and compliance with the terms and conditions of this
Agreement.

1.8

"Parties" means City and Partners collectively.

1.9

"Party" means City and Partners individually.

ARTICLE 2.

PURPOSE:

2.1.
Incorporation of Recitals. The Parties acknowledge and agree that the abovestated recitals are true and correct to the best of their knowledge and are incorporated as though
fully set forth herein.
2.2
General. The City and the Partners desired to construct or cause to be
constructed a facility that could be used to support Partner related programs and functions
as well as to support City tourism and City-sponsored community programs. The purpose of
this Agreement is to

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set forth the rights, duties and obligations of the Parties with regard to the funding,
construction, use, occupancy, management, maintenance, and operation of the Community
Facility.

ARTICLE 3.

CONTRIBUTION AND LEASE CONDITIONS:

3.1
Contribution Obligation. The City agrees to contribute a minimum of
$4,000,000.00 (or 30%) towards the Community Facility's total project cost of
$12,000,000.00. Said amount is to be paid from Lodging Tax Funds during the design
and development of the Project. Final payment of funding shall occur with the close out of the
Project. In the event that Lodging Tax Funds are no longer available to the City, by no fault or
decision of the City, this obligation and the Agreement, including all benefits to the City, shall
terminate.
3.2
Construction of Facility. As a condition of receiving this funding contribution,
and providing Project Management services for the Project, the Partners agrees to pursue
and obtain an equal contribution of funding and collaborate on any remaining financing. Partners
are exclusively responsible for all fiduciary responsibilities of grant funding they secure for
the design, construction, maintenance, operation, and repair of the Facility.
The City
and Partners shall jointly approve the design for the Community Facility.
3.3
Lease. To secure the Partner's funding contribution, commencing the date of
this Agreement, the City grants a twenty (20) year land lease to the Partners that guarantees
the Partner's right to develop and operate a Community Facility located within Fort Steilacoom
Park at 8714 87th Ave SW, Lakewood, WA 98498 as legally described on Exhibit A attached
hereto, and depicted on Exhibit B attached hereto.
3 .3. I Guaranteed Rights. As part of the lease, the Partners shall provide the City
with the use of the Community Facility, at no charge, for at least 51% of the established
capacity of the Facility. For purposes of scheduling, the City shall meet with the Partners no
later than September 1 of the current year to establish usage for the following year. The City
will be responsible for operations and maintenance costs associated with their use. Additionally, the
City is entitled to any and all revenue or funds received from City use. For purposes of
scheduling, the Parties shall identify the City's guaranteed uses in accordance with paragraph
3.3.2. The City may be authorized additional uses on an as-space-available basis, at no
charge to the City.
3.3.2 Schedule. The guaranteed uses by the City are to be mutually agreed to by
the Partners and the City annually through the Community Facility calendar. For purposes
of this Agreement, the calendar year will be from January I to December 31. Both Parties
shall have the right to request and confirm dates annually three years in advance for uses
that require long lead booking. Bookings are scheduled on the priority basis established
by this agreement and the Partners, who will establish an operating board for the
establishment of shared policies and procedures.
3.3.3 Option To Terminate. In the event the Community Facility is not
developed within five years or the City determines that the Leased Land is needed for other civic
purposes, it is provided that there is expressly reserved to the City the right and option to
terminate this lease by giving Partners at least one hundred eighty (180) days written notice
-3prior to the effective date of such termination. Partners may also terminate this lease
upon 180 days written notice.
All payments due to the Parties or any outstanding
35
oblitation of the grants and funding sources related to the Project will be borne by the terminating
Party.

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OPERATION AND OBLIGATIONS:
ARTICLE 4.
4.1
Operations. The Partners shall direct and manage the operations of the
Community Facility and present approve and make available a plan for daily
operations, marketing, repair and maintenance of the Community Facility. This plan shall be
endorsed by the Operating Board who is responsible to operate, repair and maintain the
Community Facility in accordance with City and State requirements. City obligations for costs
associated with City uses of the Facility will be included in the annual Operations Plan.
4.2
Services. The City and Partners shall allow for shared use and services
of seating, tables, staging, and sound/audio/visual equipment, parking and other fixed assets
and amenities that are stored on-site. Both Parties shall benefit from all service contracts,
maintenance agreements and custodial contracts related to the care of the facility and which
cannot be exclusively associated with the use of one Party.
4.3
Utilities. The City shall be solely responsible for payment of all charges for
utilities during the term of the Agreement, including, but not limited to, heat, air conditioning,
electricity, gas, water, sewerage, storm water, telephone, security system monitoring, garbage
disposal, and janitorial services as long as the City is the majority (51%) user of site
capacity. Should Partners utilize greater than 49% of the site capacity, utilities will be prorated
according to an agreed to method of allocation.
4.4
Cost Obligations. Except as may otherwise be set forth expressly herein, any
obligations of the Partners not identified in this agreement, hereunder shall be performed at
the sole cost and expense of the Partners, and at no cost to the City.
4.5
Booking & Rental Policies/Procedures. An Operations Board, made up of an
equal numbers of members of both Parties, shall be established by the Parties to
define, implement and publish the operating hours, booking and rental policies,
procedures, rates and charges for the Community Facility, available in writing and on-line.
4.6
Display Space. The City shall have the right to exhibit and display its programs,
events and community opportunities, at no cost, for civic and tourism related purposes;
provided that such use does not unreasonably interfere with the Management or
Operations of the Community Facility. Any displays, including signage, will comply with the
reasonable rules and regulations of the City and the Partners, as establshied by the Operations
Board.
4. 7
Report. The City Manager may require that the Partners provide to the City
an annual written report documenting the budget, uses and operations of the Community Facility.
Such report shall be of sufficient detail for the City to determine the return on the
capital invesment made to the Community Facility. Regardless of whether the City requires
such a written report, the Partners shall make its books and records available to the City upon
written request by the City.
4.8 Regulations. The Partners agree that it and all of its agents shall:
4.8.2 Adhere to all applicable Federal, State and Local laws, rules and
regulations pertaining to, and including but not limited to WISHA and OSHA. Partners will
36

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provide all necessary and related safety equipment for its employees and agents to be m
compliance with Federal, State and Local laws.
4.8.3 Obtain and pay for all necessary permits and licenses not paid through
City priority usage, and will not do, nor suffer to be done, anything on said Leased Land or
with the Community Facility during the term of this Agreement in violation of any such
laws, ordinances, rules or orders. It is the responsibility of all rental and third-party users to
obtain event specific permits and licenses at their expense and in accordance with policies and
procedures established by the Operations Board.
4.8.4 Ensure the Community Facility abides by and complies with all aspects
of the Americans with Disabilities Act.
4.8.5 Not discriminate against any employee, agent or any applicant for
employment because of race, national origin, religion, sex, gender identity, sexual orientation,
age, marital status, familial status, or the presence of any sensory, mental or physical handicap
and further agrees to likewise not discriminate for those same reasons against any persons
relative to admission, services or privileges offered to or enjoyed by the general public.

ARTICLES.

MAINTENANCE:

5.1
Maintenance Obligations. The Partners shall, at its sole cost and expense,
be responsible for maintenance and repair of the Community Facility, exterior grounds
and landscaping that exceed the City's use and obligations as described in Exhibit C. Any
changes to Exhibit C shall be made by the Operations Board and be included in the annual report
to the City. The Community Facility shall be maintained in good repair and working order.
Should the Partners be unable to program and operate additional hours beyond the City's first
priority scheduling of the Facility, the City may be offered additional hours and assume a greater
maintenance obligation. The Operating Board will develop and approve an annual operations
budget and annual plan for keeping the facility safe, clean and functional for all uses. The City
may, but is not obligated to, make its staff available to the Partners on a case-by-case basis as
necessary or desirable to facilitate and support inspections, maintenance and repairs of the
Community Facility.

ARTICLE 6.
6.1

FINANCIAL RIGHTS AND OBLIGATIONS:
Revenue. Subject to Section 3 .3 .1 of this Agreement, each Party shall shall have

rights to the receipt of all revenue associated with use of the Facility for its own programs and
events, including but not limited to, rental fees, license fees, concessions, program fees, catering,
and all other charges and fees associated with the use of the Facility.
6.2
Taxes. Each Party shall pay and be liable for any rental, sales, and use taxes
imposed upon or measured by any rental or program use owed in accordance with all statutes,
codes, ordinances, orders, rules, and regulations of any municipal or governmental entity that
are applicable to any part of the Premises ("Law(s)"), and shall indemnify, hold harmless, and
defend City against any failure by the Partners to duly pay such taxes. In the event that
leasehold excise taxes are levied by the state of Washington pursuant to RCW 82.29A, as
for collecting and paying to the State
hereafter may be amended, the Partners shall be-5responsible
all such leasehold excise taxes during the duration of the Lease.
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6.3
Accounting Records. The Partners shall maintain books and records as are
customarily and necessarily kept for the purpose of managing, maintaining and operating the
the Community Facility, according to generally accepted accounting practices.

ARTICLE 7.

TERM OF AGREEMENT:

7. 1
Tenn. This Agreement shall be effective on the date executed by the Parties,
and shall be in effect for twenty (20). years unless terminated. At the end of the term, all capital
investments put in place during the lease shall be returned to the City with the Land.
7 .2

ARTICLES.

Extension. This Agreement is not intended to be extended.

LIABILITY AND INSURANCE:

The land is owned by the City. The Community Facility will be owned and operated by
the Partners with Joint Use rights by the City. The City will conduct programs and events at the
Community Facility and is responsible for insurance appropriate to it uses. Proof of this
insurance will be required to be on file with the Partners and updated annually.
8.1
The City shall indemnify and hold hannless the Partners, its officials, officers,
agents, employees, volunteers, and representatives, from, and shall process and defend at its sole
expense, against any and all claims, performance, acts, and/or omissions by the City, its
employees, agents, representatives, or volunteers relative to any activity and/or services covered
hereunder. In the event of recovery due to the aforementioned circumstances, the City shall pay
any judgment or lien arising therefrom, including any and all costs as part thereof.
8.2
The Partners shall provide to the City a certificated copy of its comprehensive
general liability policy and errors and omissions liability policy, said policy or certificate to be
maintained in full force and effect with insurers licensed to operate in the State of Washington
and in a form acceptable to the City.
8.3
The comprehensive general liability policy limits of protection shall not be less
than $1,000,000 per occurrence combined single limit. Said insurance policies, excepting errors
and omissions liability policy, shall name the Pardtners as an additional insured thereunder
as respects any operations of the City in connection with this Agreement.
8.4
For the purposes of indemnifying the other party against claims of injury made
by its own employees, each party waives any right of immunity that it may have under industrial
insurance (Title 51 RCW and any amendment thereof or substitution therefore).
8.5
The City's insurance company shall endorse the insurance policies, substantially
as follows: This insurance policy is primary over any insurance that may be carried by the
Partners and it is agreed that the Partners will be given not less than thirty (30) days
advance written notice of any termination of this policy.

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8.6
The City hereby agrees to reimburse the Partners for damages caused by
its employees, contractors, licensees, invitees, clients, and agents. This paragraph shall not
be construed as making City responsible for the repair of normal wear and tear beyond the
specifications of this Agreement.
The City, its successors or assigns, will protect, save, and hold harmless the
8.7
Partners, its authorized agents and employees, from all claims, actions, costs, damages,
or expenses of any nature whatsoever arising out of or in connection with any acts or
activities authorized by this Agreement. The City further agrees to defend the Partners, its
agents, or employees, in any litigation, including the payment of any costs or attorneys' fees, for
any claims or action commenced thereon arising out of or in connection with acts or activities
authorized by this Agreement. This obligation shall not include such claims, costs,
damages, or expenses which may be caused by the sole negligence of the Partners or
its authorized agents or employees; provided, that if the claims or damages are caused by or
result from the concurrent negligence of (a) the Partners agents, and (b) the City, its agents or
employees and involves actions covered by RCW 4.24.115, this indemnity provision shall
be valid and enforceable only to the extent of the negligence of the City or City's agents or
employees.
8.8
The Partners shall indemnify and hold harmless the City from any acts of
its officials, officers, agents, employees, volunteers and representatives and shall defend the
City at its sole expense against any and all claims, performance, acts, and/or omissions by the
City, its employees, agents, representatives, or volunteers relative to any activity and/or
services covered hereunder. In the event of recovery due to the aforementioned
circumstances, the City shall pay any judgment or lien arising therefrom, including any
and all costs as part thereof.

ARTICLE 9.

DISPUTE RESOLUTION:

The Parties are fully committed to working with each other throughout the term of this
Agreement and agree to communicate regularly with each other so as to avoid or minimize
disputes. The Parties agree to act in good faith to prevent and resolve potential sources of
conflict before they disintegrate into a question or controversy. If a question or controversy
arises between the Parties concerning the observance, performance, interpretation or
implementation of any of the terms, provisions, or conditions contained herein or the rights or
obligations of either Party under this Agreement (a "Dispute"), the Parties each commit to
resolving such Dispute in an amicable, professional and expeditious manner. The Parties further
agree that in the event a Dispute arises, they will first attempt to resolve any such Disputes
through discussions between representatives of each Party. If a Dispute cannot be resolved
through discussions by each Party's representative, the Partners' President and the City Manager
shall meet as soon as conveniently possible, but in no case later than thirty (30) days after such a
request is made, to attempt to resolve the Dispute. Prior to any meetings between the Senior
Representatives, the Parties will exchange relevant information that will assist the Parties in
resolving the dispute. If the Partneres' President and City Manager are unable to resolve the
matter within 45 days of their initial meeting, either party may pursue any other remedy
including initiation of court action.
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The obligations of this Section are not intended and shall not be construed to prevent a
Party from issuing an order to cure an alleged Non-Material Breach or taking Corrective Action
in the event of an Emergency. The intent of the Parties is to require compliance with this Section
before taking Legal Action.
ARTICLE 10.

BREACH, DEFAULT, TERMINATION:

10.1 Breach. "Breach'" shall mean any failure of a Party to keep, observe, or perform
any of its duties or obligations under this Agreement. "Material Breach" shall mean any
circumstances defined as a material breach herein and any one of the following circumstances:
•
•
•
•
•
•
•
10.2

Breach of a Party's obligation to defend or indemnify the other Party;
If a Party attempts to evade any material provision of this Agreement or to practice
any fraud or deceit upon the other Party;
If the Partner's becomes insolvent, or if there is an assignment for the benefit of the
Partner's creditors;
If the Party fails to provide or maintain the insurance required by the Agreement;
Abandonment of the Community Facility (a continuous period of 90 days or more
with no scheduled Programming hours shall constitute abandonment).
Any Breach that cannot be cured; or
Any non-material Breach that is not cured as required pursuant to Section I 0.2.4.
Right to Cure Breach.

I 0.2.1 Notice. If a Party believes that the other Party is in Breach, such Party shall
give written notice to the Noticed Party stating with reasonable specificity the nature of the alleged
non-material Breach. The Noticed Party shall have sixty (60) days, or such lesser or greater time as
specified in the notice, from the receipt of such notice to:
I 0.2.1.1 Respond to the other Party, contesting that Party's assertion that
a Breach has occurred, and request a meeting in accordance with Article 9; or
I 0.2.1.2

Cure the Breach; or

10.2.1.3 Notify the other Party that the Noticed Party cannot cure the
Breach within the time provided in the notice, because of the nature of the Breach. In the event the
Breach cannot be cured within the time provided in the notice, the Noticed Party shall promptly take
all reasonable steps to cure the Breach and notify the other Party in writing and in detail as to the
exact steps that will be taken and the projected completion date. In such case, the other Party may
set a meeting in accordance with Article 9 to determine whether additional time beyond the time
provided in the notice is indeed needed, and whether the Noticed Party's proposed completion
schedule and steps are reasonable.

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10.2.2 Communication. If the Noticed Party does not cure the alleged Breach
within the cure period stated above, or denies the alleged Breach, the Parties shall meet in
accordance with Article 9 to attempt to resolve the Dispute.
10.2.3 Time to Cure. When specifying the time period for cure, the Party giving
notice shall take into account, the nature and scope of the alleged Breach, the nature and scope of
the work required to cure the Breach, whether the Breach has created or will allow to continue an
unsafe condition, the extent to which delay in implementing a cure will result in adverse
financial consequences or other harm to the Party giving notice, and whether delay in
implementing a cure will result in a violation of Law or breach of contract.
10.2.4 Failure to Cure. If the Noticed Party fails to promptly commence and
diligently pursue cure of a Breach to completion to the reasonable satisfaction of the Party giving
notice and in accordance with the agreed upon time line or the time provided for in the Notice of
Breach, then the Breach shall become a Material Breach.
10.3 Remedies. In the event of a breach of this Agreement, either Party may do one or
more of the following:
10.3.1 Pursue any remedy provided by law or equity.
10.3.2 In the event of a Material Breach, terminate this Agreement and
any related Agreements or portions thereof.

ARTICLE 11.

MISCELLANEOUS:

11.1 Controlling Law. This Agreement shall be deemed to be made under, shall be
construed in accordance with, and shall be governed by the internal, substantive laws of the State
of Washington (without reference to conflict of law principles).
11.2 Venue. The Partners and City hereby consent and agree that venue of any action
brought under this Agreement shall be in Pierce County, Washington; provided, however, that
venue of such action is legally proper.
hereof.

11.3

Time of Essence. Time is of the essence of this Agreement and each provision

11.4 Assignment.
Person or Party.

The Parties may not transfer or assign this Agreement to another

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11.5 Waiver. The Parties agree that neither the failure nor the delay of any Party to
exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver of
such right, remedy, power or privilege, nor shall any single or partial exercise of any right,
remedy, power or privilege preclude any other or further exercise of the same or of any other
right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege
with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege
with respect to any other occurrence. No waiver shall be effective unless it is in writing and is
signed by the Party asserted to have granted such waiver.
11.6 Attorney Fees. In the event of commencement of a legal action at law or in equity
in an appropriate forum by a Party to enforce any covenant or any of such Party's rights or
remedies under this Agreement, including any action for declaratory, injunctive, or equitable
relief, the substantially prevailing Party in any such action shall be entitled to reimbursement of
its reasonable attorneys' fees and court costs, including, but not limited to, its costs of expert
witnesses, transportation, lodging and meal costs of the Parties and witnesses, costs of transcript
preparation and other reasonable and necessary direct and incidental costs of such dispute.
11. 7 Business Days. If the last day of any time period stated in this Agreement or the
date on which any obligation to be performed under this Agreement shall fall on a Saturday,
Sunday or legal holiday, then the duration of such time period or the date of performance, as
applicable, shall be extended so that it shall end on the next succeeding day which is not a
Saturday, Sunday or legal holiday.
11.8 Amendment. This Agreement may be amended only by a written contract signed
by authorized representatives of the City and the Partners. In addition to any authority the City
Manager may otherwise have to amend this Agreement, the City Manager is authorized to,
without prior approval of the governing body of the City, execute amendments to this Agreement
that do not increase the term of the Agreement or the compensation to be paid by the City to the
Partners and do not otherwise materially increase the monetary obligations of the City.
11. 9 Limited Severability. The City and the Partners each believes that the execution,
delivery and performance of this Agreement are in compliance with all Applicable Laws.
However, in the unlikely event that any provision of this Agreement is declared illegal, invalid,
void or unenforceable under present or future laws ( or is construed as requiring the City to do
any act in violation of any Applicable Laws, constitutional provision, law, regulation, City code
or City charter), such provision shall be deemed severed from this Agreement and this
Agreement shall otherwise remain in full force and effect; provided that this Agreement shall
retroactively be deemed reformed to the extent reasonably possible in such a manner so that the
reformed agreement (and any related agreements effective as of the same date) provide
essentially the same rights and benefits ( economic and otherwise) to the Parties as if such
severance and reformation were not required. The Parties further agree, in such circumstances,
to do all acts and to execute all amendments, instruments and consents necessary to accomplish
and to give effect to the purposes of this Agreement, as reformed.

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I 1.10 Notices.
I I. IO. I. Except as otherwise required by law, any notice, demand or other
communication given hereunder, shall be in writing and shall be given by personal delivery or be
sent by certified or registered U.S. Mail, return receipt requested, addressed to the Parties at their
respective addresses set forth below, or at such other address as a Party may designate in writing
pursuant to the terms of this paragraph, or by telecopy, facsimile machine or by any nationally
recognized express or overnight delivery service (e.g., Federal Express or UPS), with all postage
and other delivery charges prepaid:
To:

City Manager
City of Lakewood
6000 Main Street SW
Lakewood, WA 98499-5027

To:

President
Partners for Parks
700 Sleater Kinney Rd SE, STE B #577
Lacey, WA 98503

The address or other information specified herein for either Party may be changed by providing
notice to the other Party no less than thirty (30) days' advance written notice of such change in
address.
11.10.2

Payments. Payments under this Agreement shall be mailed to:
City of Lakewood
Attn: Accounts Receivable
6000 Main Street SW
Lakewood, WA 98499-5027

11.10.3 Effective Date of Notices. All such notices, demands or other
communications will (i) if delivered personally or delivered through a same day delivery/courier
service be deemed effective upon delivery or refusal to accept delivery by the addressee, or (ii) if
delivered by U.S. mail in the manner described above be deemed effective upon the earlier of
receipt or three business days after deposit in a post office operated by the United States or with
a United States postal officer (in each case regardless of whether such notice, demand or other
communication is received by any other person to whom a copy of such notice, demand or other
communication is to be delivered pursuant to this paragraph). Any notice sent by a recognized
national overnight delivery service shall be deemed effective one ( 1) business day after deposit
with such service. Any notice sent by telecopy or facsimile machine shall be deemed effective
upon confirmation of the successful transmission by the sender's telecopy or facsimile machine.
Notwithstanding the foregoing, no payment shall be deemed to be made until actually received in
good and available funds by the intended payee.

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11.11 Force Majeure. Neither Party hereto shall be liable to the other Party for any
failure to perform an obligation set forth herein to the extent such failure is caused by war, act of
terrorism or an act of God, provided that such Party has made and is making all reasonable
efforts to perform such obligation and minimize any and all resulting loss or damage.
11.12 Section Headings. The Section headings contained in this Agreement are for
convenience in reference only and are not intended to define or limit the scope of any provision
of this Agreement.
11.13 Construction. The terms and provisions of this Agreement represent the results of
negotiations between the Parties, each of which has been or has had the opportunity to be
represented by counsel of its own choosing, and none of which has acted under any duress or
compulsion, whether legal, economic or otherwise. Consequently, the terms and provisions of
this Agreement shall be interpreted and construed in accordance with their usual and customary
meanings. The Parties each hereby waive the application of any rule of law which would
otherwise be applicable in connection with the interpretation and construction of this Agreement
that ambiguous or conflicting terms or provisions contained in this Agreement shall be
interpreted or construed against the Party who prepared or whose attorney prepared the executed
Agreement or any earlier draft of the same.
IN WITNESS WHEREOF, authorized representatives of City and Partners
hereby execute this Agreement as of the date first set forth herein.

CITY OF LAKEWOOD

PARTNERS FOR PARKS

Douglas Russell, City Manager

Sally Saunders, President

Date: _____________________

Date: _____________________

ATTEST/AUTHENTICATED:

-"Briana Schumacher, City Clerk
Date: �---+-----------

APPROVED AS TO FORM

Heidi Ann Wachter, City Attorney
Date: _____________________

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COUNTY OF PIERCE
On this _ _ day of ____ , 2013, personally appeared before me the undersigned, a
Notary Public, in and for the State of Washington, duly commissioned and sworn,
to me known to be an authorized representative of
__________, a Washington _____ _ corporation, that executed the
foregoing instrument and acknowledged the said instrument to be the free and voluntary act and
deed of said entity, for the uses and purposes therein mentioned, and on oath stated that said
person is authorized to execute the said instrument.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first
above written.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of Washington,
residing at _______________
My appointment expires __________

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46

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47

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48

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EXHIBITB
Map of Lease Area for Community Facility

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FUTURE CONNECTION TO
EXPANDED PARKING AREAS

EXISTING
BARN

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SCULPTURE LOCATION.
ADDIT NAL AL TERNATE
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SITE PLAN - OVERALL

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H-Barn Project at
Fort Steilacoom Park

51

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30% Schematic Concept
52

Funding Profile
•

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Project: $12M (Design & Construction)
• $4M* Partners for Parks
• $4M City LTAC
• $200,000 State - Silos
• $500,000+ Federal Allocation Request
• $500,000 Nisqually Indian Tribe Capital
Request – 7/31/26
• $2,500,000 Building Communities Fund
– 8/22/26 (ranking in October)
• $300,000 - TBD
53

Community Facility Partnership

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•

City leases land to Partner for the development
and operations of a community facility.
• Requires land lease with legal description

•

City provides project management and capital
contribution for facility development.
• City maintains rights to improve the property.
• Continuation of the contracts in place with PFP
funding commitment.

•

Lease includes the improved facility on the land.
54

Community Facility Partnership

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•

Partner will operate the facility for community
benefit, with the obligation for priority & majority
usage to the City based on its contribution.

•

City & Partner form an Operating Board for annual
budget, operations and scheduling.
• Annual reports to City Manager.

•

At expiration or termination of the lease, land and
facility are solely owned and operated by the City.

55

Status & Timeline

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•
•
•
•
•

Re-Set 30% design (May-July 26)
Start 60% design (August 26)
PRAB update (Sept 26)
Pre-Application permit meeting (Sept 26)
Land Use & Costing Updates (Oct-Nov 26)

•

Present 60% design to Council & seek
Notice to Proceed to Construction
Documents (Dec 26)

•

Building Permit submittal (Feb 27)
•

Note that Occupancy code changes go into effect May 27

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Next Steps:
Presentation and potential adoption
of a land lease/facility use
agreement on August 17.
This action will define and document our relationship with
Partners for Parks and qualify us for the Building
Communities Fund grant.
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TO:

City Council

FROM:

Tiffany Speir, Planning Division Manager

THROUGH: Doug Russell, City Manager and Jeff Rimack, PPW Director
DATE:

August 10, 2026

SUBJECT:

Introduction of Planning Commission Recommendations on 2026
Comprehensive Plan Amendments

ATTACHMENTS: Planning Commission Resolution 2026-06 (Attachment A); City
responses to June 17 Public Hearing Comments (Attachment B)
BACKGROUND
Through Resolution 2025-13, the Lakewood City Council set the docket list for the
2026 Comprehensive Plan amendment (26CPA) cycle with 23 potential
amendments. The Planning Commission incorporated two additional amendments
into the docket and one private application was withdrawn, resulting in a final total
of 24 docket items included in Planning Commission Resolution 2026-06
(Attachment A.) The City’s responses to Planning Commission public hearing
comments are included in Attachment B.
The City Council is scheduled to hold a public hearing on the 26CPAs on August 17
and to take action on September 8.
DISCUSSION
The 26CPA amendments can be classified within three types:
- State law changes requiring review and possible amendment of local zoning,
land use policy, and/or development regulations: #2026-1 through #2026-12;
-

A variety of private and City-initiated text and zoning map amendments:
#2026-13 through #2026-21 and #2026-23 through #2026-25.

-

Optional policy or regulatory items for the City Council to consider and decide
whether to pursue: #2026-03, #2026-07, and #2026-19.

Planning Commission Action on 26CPA Package
Following a public hearing and its own deliberation, the Planning Commission made
the following recommendations via its Resolution 2026-06:
- Approval for 11 amendments;
- Do not approve for 1 amendment;
- No action for 6 amendments; and
- Continue to a future cycle for 6 amendments.
No Action on Amendments #2026-09 through 2026-12, 2026-15, and 2026-16
The City conducted substantive review of each of these six amendments. The
Planning Commission recommended “No action” because the City of Lakewood has
already completed the legislative steps to comply with state law or achieve the
intended outcome. More details on each amendment is included in the Discussion
section below.

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Continuation of Amendments #2026-04, -07, -17, -19, 21, and -20 to future cycles
The Planning Commission recommended continuing each of these six amendments
to a future amendment cycle (2027 or 2029) for a variety of reasons that are provided
in the Discussion section below.
Reorganized Presentation of Draft Amendments
This year, the full language of each amendment’s changes to the Comprehensive
Plan, Zoning Map, or Development Regulations are organized by affected
Comprehensive Plan or LMC section rather than amendment number. This means if
more than one 26CPA docket item would change a particular text/policy, map, or
municipal code section, all of the changes are incorporated into a single draft
updated version of that text/policy, map, or regulation for review by the City Council
and the public. Please see Exhibit A of Resolution 2026-06 in Attachment A.
The table below summarizes each 26CPA amendment topic, the applicable state
compliance deadline (if any), the PPW Department’s recommendation to the
Planning Commission, and the Commission’s recommendation to the City Council.

Subject

Deadline

Planning
PPW
Commission
Recommendation
Recommendation

E2SHB 1096

Administrative lot splitting for
residential properties

7/27/27

Approve

Approve

2026-02

HB 1183

Building code/ development
regulation reform — setbacks, height,
GFA, parking

12/31/29

Approve

Approve

2026-03

HB 1353

Optional ADU self-certification
program

None

None (City
Council policy
decision)

Do not approve

2026-04

HB 1491

Transit-oriented housing
development

6/30/29

Continue to 2027

Continue to 2027

2026-05

HB 1576

Historic landmark designation
restrictions

7/26/26

Approve

Approve

2026-06

HB 1757

Existing buildings converted to
residential use

None
specified

Approve

Approve

2026-07

SB 5148

Optional GMA housing element
compliance review

None

Continue to 2027

Continue to 2027

2026-08

SB 5184

Minimum parking requirement
limitations

1/27/27

Approve

Approve

2026-09

ESB 5559

Subdivision streamlining — unit lot
process

7/27/27

No Action

No action

2026-10

SB 5509

Child care center siting

7/27/27

No Action

No action

2026-11

SB 5611

Land use permitting streamlining

7/27/27 /
1/1/28

No Action

No action

2026-12

SB 5655

Child care centers in existing

None

No Action

No action

#

Driving Law /
Reason

2026-01

2
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#

Driving Law /
Reason

Subject

Deadline

buildings

specified

Planning
PPW
Commission
Recommendation
Recommendation

2026-13

Comprehensive
Plan Editorial
Correction

Correcting references in
Comprehensive Plan and
Development Regulation to “Pierce
Transit” vs. “Pierce County Transit”

None

Approve

Approve

2026-14

Planning Best
Practice

Creating single Open Space and
Recreation (OSR) Zone and rezoning
all City Parks and Open Space Parcels
OSR

None

Approve

Approve

2026-15

Municipal Code
Correction

Updates to Rental Housing Safety
Program (RHSP) regulations

None

No action

No action

2026-16

Planning Best
Practice

Eliminating “Split-Zoning” on Certain
Parcels in Lakewood

None

No action

No action

2026-17

Promoting
Economic
Development

Allow Permanent Placement of Food
Trucks in Certain Land Use Zones

None

Continue to 2027

Continue to 2027

2026-18

Municipal Code
Update

Zoning and Regulatory Amendments
related to Boarding Houses

None

Approve

Approve

2026-19

Municipal Code
Update

Optional Allowance of Pre-approved
Accessory Dwelling Unit (ADU)
Designs

None

Continue to 2027

Continue to 2027

2026-20

GMA Growth
Targets;
Economic
Development

Update the Downtown Subarea
development regulations governing
“horizontal mixed-use development.”

None

Continue to 2029
Subarea Review

Continue to 2029
Subarea Review

2026-21

Annual Parcel
Redesignation/
Rezone
Application
Cycle

Private application to Rezone Parcel
#0220364100 (3615 Steilacoom
Boulevard Southwest) from
Commercial 2 (C2) to Neighborhood
Commercial 2 (NC2)

None

Continue to 2027

Continue to 2027

2026-23

City Council
Direction

Update Comprehensive Plan Policy
LU-10.4 to clarify allowance and
regulation of nonconforming uses.

None

Approve

Approve

2026-24

Annual Parcel
Redesignation /
Rezone
Application
Cycle

Redesignate Parcel
3085002360 (9102 Edgewater Dr SW)
from Residential (R) to Open Space &
Recreation (OSR) and rezone from
Open Space & Recreation 1 (OSR1) to
Open Space & Recreation (OSR)

None

Approve

Approve

2026-25

Annual Parcel
Redesignation/
Rezone
Application
Cycle

Redesignate and rezone Parcel
3085002170 (9132 Edgewater Dr SW)
from Residential (R)/Residential 3 (R3)
to Open Space & Recreation
(OSR)/Open Space & Recreation
(OSR)

None

Approve

Approve

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NOTE: Planning Commission Request to City Council related to Edgewater Park.
- Based on public comment received during the Commission’s public hearing,
on amendments #2026-24 and -25 the Planning Commission is requesting
that the City communicate with property owners adjacent to the updated
Edgewater Park boundaries regarding how separation of the park and its
public access will be kept separate from private properties.
AMENDMENT DIGEST
2026-01 | E2SHB 1096 — Administrative Lot Splitting
PPW Recommendation: APPROVAL
Compliance Deadline: July 27, 2027
What State Law Requires
Cities must establish an administrative review process allowing a residential lot to be
split into two lots. The process must be non-discretionary, objective, and handled by
the planning director without a public hearing. City design review beyond
administrative review is prohibited.
What Lakewood Is Proposing
The existing LMC has no “administrative lot split” process. This amendment adds a
new definition to LMC 18A.10.180, updates the review and approval authority table in
LMC 18A.20.080, and creates a new Chapter 17.25 establishing the full administrative
lot split process, including purpose, applicability, general requirements, application
procedure, approval criteria, recording procedure, and conflict resolution.
Staff Findings per LMC 18A.30.030 (A) and SEPA
1. Is the proposed amendment consistent with the county-wide planning
policies, the Growth Management Act (GMA), other state or federal law, or the
Washington Administrative Code? Yes.
2. Would the proposed amendment cause little or no adverse environmental
impacts and is the time required to analyze impacts available within the time
frame of the standard annual review process? Yes.
3. Is sufficient analysis completed to determine any need for additional capital
improvements and revenues to maintain level-of-service, and is the time required
for this analysis available within the time frame for this annual review process?
Yes.
4. Can the proposed amendment be considered now without conflicting with
some other comprehensive plan established timeline? Yes.
5. Can the proposed amendment be acted on without significant
other amendments or revisions not anticipated by the proponents and is the
time required for processing those amendments or revisions available within the
time frame of this annual review process? Yes.
6. If the proposed amendment was previously reviewed, ruled upon or rejected,
has the applicant identified reasons to review the proposed amendment again?
N/A
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Non-project action; SEPA exempt.
See Attachment A Exhibit A - Redline: Amendment 2026-01

2026-02 | HB 1183 — Building Code and Development Regulation Reform
PPW Recommendation: APPROVAL
Compliance Deadline: December 31, 2029
What State Law Requires
For residential conversions and new construction meeting passive house or energyefficiency standards, cities must allow:
• Exterior insulation wall assemblies to project up to 8” into required setbacks
• Roof insulation assemblies exceeding maximum building height by up to 8”
• Gross floor area measured from interior finished wall surfaces
• Solar installations to exceed maximum roof height by up to 48”
• Passive house project setbacks measured to the outside face of foundation
• Nonconforming buildings being converted to residential use may extend
insulated wall assemblies an additional 8” into setbacks
What Lakewood Is Proposing
Updates to definitions (LMC 18A.10.180), nonconforming use and structure provisions
(LMC 18A.20.228 and .230), residential use operating conditions (LMC 18A.40.110),
general development standards for projection exceptions (LMC 18A.60.090),
community design applicability (LMC 18A.70.020), parking requirements (LMC
18A.80.030), and parallel updates to the Downtown (18B) and Station District (18C)
development codes. Clarification that the updates have limited applicability in the
Air Corridor 1 and 2 (AC1 and AC2) zones and the Clear Zone (CZ.)
Staff Findings per LMC 18A.30.030 (A) and SEPA
1. Is the proposed amendment consistent with the county-wide planning
policies, the Growth Management Act (GMA), other state or federal law, or the
Washington Administrative Code? Yes.
2. Would the proposed amendment cause little or no adverse environmental
impacts and is the time required to analyze impacts available within the time
frame of the standard annual review process? Yes.
3. Is sufficient analysis completed to determine any need for additional capital
improvements and revenues to maintain level-of-service, and is the time required
for this analysis available within the time frame for this annual review process?
Yes.
4. Can the proposed amendment be considered now without conflicting with
some other comprehensive plan established timeline? Yes.
5. Can the proposed amendment be acted on without significant
other amendments or revisions not anticipated by the proponents and is the
time required for processing those amendments or revisions available within the
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time frame of this annual review process? Yes.
6. If the proposed amendment was previously reviewed, ruled upon or rejected,
has the applicant identified reasons to review the proposed amendment again?
N/A
Non-project action; SEPA exempt.
See Attachment A Exhibit A- Redline: Amendment 2026-02
2026-03 | HB 1353 — ADU Self-Certification Program
Planning Commission Recommendation: DO NOT APPROVE
Compliance Deadline: None — optional program
What State Law Allows
Cities may establish a voluntary self-certification program for detached ADU permit
applications. Under the program, registered architects certify code compliance; the
city issues a permit without full building code review. Participation is optional for
cities. If adopted, the city must audit at least 20% of self-certified applications
annually and report to Commerce by July 31, 2028.
Why Planning Commission recommends Do Not Approve
- Under HB 1353’s provisions, when a permit application for an ADU has been
self-certified by a registered architect and after the City determines the
application to be complete, the City may deem the application to be in
compliance with applicable code requirements as well as with local building,
electric, plumbing, mechanical, and fire code requirements.
-

The administrative burden to establish and maintain the ADU self-certification
program is likely higher than the potential benefit of the program.
- Per the state law creating the program, City would be required to:
- develop program rules,
- conduct audits of applications,
- penalize architects failing the audit,
- develop specialized forms for the program,
- monitor architects’ insurance, and
- provide reports to the state Department of Commerce.

-

From January 2025 through mid-June 2026, a total of 18 ADU applications
were submitted to Lakewood. Almost all reviews were completed within the
statutorily-required timeline; the longest review time was 39 days due to
required shoreline regulation reviews.

-

Separate permit reviews by external utilities and agencies would continue to
occur at the pace those entities could conduct them.

-

The program also would expose City to the potential for life safety liability

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challenges for the City if the ADU fails code requirements over time. Even if
the City was ultimately found exempt or not liable, the cost of responding to
legal challenges would likely outweigh the benefit to permit applicants of
establishing a program.
Draft Language
Draft code language has been prepared establishing a self-certification program if
Council elects to adopt one and is included in Exhibit A of Planning Commission
Resolution 2026-06. If the City Council does not approve adoption of this voluntary
program, the language will be removed from the Ordinance before final action by
the Council.
Staff Findings per LMC 18A.30.030 (A) and SEPA
1. Is the proposed amendment consistent with the county-wide planning
policies, the Growth Management Act (GMA), other state or federal law, or the
Washington Administrative Code? Yes.
2. Would the proposed amendment cause little or no adverse environmental
impacts and is the time required to analyze impacts available within the time
frame of the standard annual review process? Yes.
3. Is sufficient analysis completed to determine any need for additional capital
improvements and revenues to maintain level-of-service, and is the time required
for this analysis available within the time frame for this annual review process?
Yes.
4. Can the proposed amendment be considered now without conflicting with
some other comprehensive plan established timeline? Yes.
5. Can the proposed amendment be acted on without significant
other amendments or revisions not anticipated by the proponents and is the
time required for processing those amendments or revisions available within the
time frame of this annual review process? Yes.
6. If the proposed amendment was previously reviewed, ruled upon or rejected,
has the applicant identified reasons to review the proposed amendment again?
N/A
Non-project action; SEPA exempt.
See Attachment A Exhibit A - Redline: Amendment 2026-03

2026-04 | HB 1491 — Transit-Oriented Housing Development
Planning Commission Recommendation: CONTINUE TO 2027 CPA CYCLE
Compliance Deadline: June 30, 2029
What State Law Requires
Increased residential densities and building heights must be allowed near most
forms of public transit.

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Why Planning Commission Recommends Continuation
The Department of Commerce is actively developing model ordinances and
implementation guidance. The current Commerce project timeline runs through
Fall 2026. Proceeding without that guidance risks adopting code language that will
require revision. PPW recommends continuing this amendment to the 2027 cycle
to incorporate Commerce guidance.
No code language proposed at this time.

2026-05 | HB 1576 — Historic Landmark Designation
Planning Commission Recommendation: APPROVAL
Compliance Deadline: July 26, 2026 — NEAREST DEADLINE IN THIS GROUP
What State Law Requires
Cities must prohibit designation of a property as a historic landmark outside a
designated historic district if the property is less than 40 years old, or if designation
would restrict the property's use and the owner has not provided written consent
(for properties under 125 years old). Designations made after July 26, 2025 without
required consent are void.
What Lakewood Is Proposing
Updates to LMC Chapter 2.48 (Protection and Preservation of Landmarks) to align
age thresholds, add owner consent requirements, establish statutory findings
required prior to designation, codify exemptions for historic districts and properties
over 125 years old, and add a prohibition on non-compliant designations. Redrafting
of Chapter 2.48 for improved readability.
Staff Findings per LMC 18A.30.030 (A) and SEPA
1. Is the proposed amendment consistent with the county-wide planning
policies, the Growth Management Act (GMA), other state or federal law, or the
Washington Administrative Code? Yes.
2. Would the proposed amendment cause little or no adverse environmental
impacts and is the time required to analyze impacts available within the time
frame of the standard annual review process? Yes.
3. Is sufficient analysis completed to determine any need for additional capital
improvements and revenues to maintain level-of-service, and is the time required
for this analysis available within the time frame for this annual review process?
Yes.
4. Can the proposed amendment be considered now without conflicting with
some other comprehensive plan established timeline? Yes.
5. Can the proposed amendment be acted on without significant
other amendments or revisions not anticipated by the proponents and is the
time required for processing those amendments or revisions available within the
time frame of this annual review process? Yes.

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6. If the proposed amendment was previously reviewed, ruled upon or rejected,
has the applicant identified reasons to review the proposed amendment again?
N/A
Non-project action; SEPA exempt.
See Attachment A Exhibit A - Redline: Amendment 2026-05

2026-06 | HB 1757 — Existing Buildings Converted to Residential Use
Planning Commission Recommendation: APPROVAL
Compliance Deadline: None specified
What State Law Requires
Modifies how setback and nonconformity regulations apply to existing buildings
being converted to residential use.
What Lakewood Is Proposing
Targeted updates to nonconforming structure and use provisions in LMC 18A.20.228
and 18A.20.230, and parallel updates to the Downtown (18B) and Station District (18C)
codes, to ensure consistent treatment of existing building conversions. Clarification
at LMC 18A.40.110 (B)(15)(a) and 18A.40.130 (D) that conversion of existing buildings to
residential uses is prohibited in the Air Corridor 1 and 2 (AC1 and AC2) zones and the
Clear Zone (CZ.)
Staff Findings per LMC 18A.30.030 (A) and SEPA
1. Is the proposed amendment consistent with the county-wide planning
policies, the Growth Management Act (GMA), other state or federal law, or the
Washington Administrative Code? Yes.
2. Would the proposed amendment cause little or no adverse environmental
impacts and is the time required to analyze impacts available within the time
frame of the standard annual review process? Yes.
3. Is sufficient analysis completed to determine any need for additional capital
improvements and revenues to maintain level-of-service, and is the time required
for this analysis available within the time frame for this annual review process?
Yes.
4. Can the proposed amendment be considered now without conflicting with
some other comprehensive plan established timeline? Yes.
5. Can the proposed amendment be acted on without significant
other amendments or revisions not anticipated by the proponents and is the
time required for processing those amendments or revisions available within the
time frame of this annual review process? Yes.
6. If the proposed amendment was previously reviewed, ruled upon or rejected,
has the applicant identified reasons to review the proposed amendment again?
N/A

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Non-project action; SEPA exempt.
See Attachment A Exhibit A - Redline: Amendment 2026-06
2026-07 | SB 5148 — GMA Housing Element Voluntary Compliance Review
Planning Commission Recommendation: CONTINUE TO 2027 CPA CYCLE
Compliance Deadline: None — optional program
What State Law Allows
Cities may voluntarily submit housing elements and development regulations to
Commerce for a compliance determination. Commerce may select up to 10 cities
per year for targeted mandatory review. Adoption of a voluntary compliance
program is not required.
Why Planning Commission Recommends Continuation
PPW needs additional internal review time to assess whether participation would be
beneficial to Lakewood and what, if any, code changes would be appropriate.
No code language proposed at this time.

2026-08 | SB 5184 — Minimum Parking Requirements
Planning Commission Recommendation: APPROVAL
Compliance Deadline: January 27, 2027
What State Law Requires
Cities may not require more than 0.5 parking spaces per multifamily dwelling unit or
more than 1 space per single-family home. Commercial parking requirements are
capped at 2 spaces per 1,000 square feet. Minimum parking requirements are
prohibited entirely for a defined list of uses including:
• Existing buildings changing use to residential
• Residences under 1,200 sq. ft.
• Commercial spaces under 3,000 sq. ft.
• Affordable housing
• Senior housing
• Child care facilities
• Ground-floor retail in mixed-use buildings
Pre-July 2, 2025 GMA minimum residential parking requirements are repealed. ADArequired accessible spaces are exempt from all limitations.
What Lakewood Is Proposing
Updates to LMC 18A.80.030 to add a minimum parking exemption section, revise the
parking standards matrix to reflect new maximums and reduced minimums, and
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renumber affected subsections. Parallel updates to the Downtown (18B.600) and
Station District (18C.600) parking chapters are provided.
Staff Findings per LMC 18A.30.030 (A) and SEPA
1. Is the proposed amendment consistent with the county-wide planning
policies, the Growth Management Act (GMA), other state or federal law, or the
Washington Administrative Code? Yes.
2. Would the proposed amendment cause little or no adverse environmental
impacts and is the time required to analyze impacts available within the time
frame of the standard annual review process? Yes.
3. Is sufficient analysis completed to determine any need for additional capital
improvements and revenues to maintain level-of-service, and is the time required
for this analysis available within the time frame for this annual review process?
Yes.
4. Can the proposed amendment be considered now without conflicting with
some other comprehensive plan established timeline? Yes.
5. Can the proposed amendment be acted on without significant
other amendments or revisions not anticipated by the proponents and is the
time required for processing those amendments or revisions available within the
time frame of this annual review process? Yes.
6. If the proposed amendment was previously reviewed, ruled upon or rejected,
has the applicant identified reasons to review the proposed amendment again?
N/A
Non-project action; SEPA exempt.
See Attachment A Exhibit A - Redline: Amendment 2026-08

2026-09 | ESB 5559 — Subdivision Streamlining
Planning Commission Recommendation: NO ACTION
Compliance Deadline: July 27, 2027
Why Planning Commission Recommends No Action
Current LMC is already in compliance with ESB 5559. No code changes required.

2026-10 | SB 5509 — Child Care Center Siting
Planning Commission Recommendation: NO ACTION
Compliance Deadline: July 27, 2027
Why Planning Commission Recommends No Action
Current LMC is already in compliance with SB 5509. No code changes required.

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2026-11 | SB 5611 — Land Use Permitting Streamlining
Planning Commission Recommendation: NO ACTION
Compliance Deadline: July 27, 2025 (most provisions); January 1, 2028 (Section 3)
Why Planning Commission Recommends No Action
Current LMC is already in compliance with SB 5611. No code changes required.
2026-12 | SB 5655 — Child Care Centers in Existing Buildings
Planning Commission Recommendation: NO ACTION
Compliance Deadline: None specified
Why Planning Commission Recommends No Action
Current LMC is already in compliance with SB 5655. No code changes required.

2026-13 | Editorial Correction — Correcting references in Comprehensive Plan and
Development Regulation to “Pierce Transit” vs. “Pierce County Transit”
Planning Commission Recommendation: APPROVAL
Compliance Deadline: None
What Lakewood Is Proposing
Amend the Comprehensive Plan in 15 places to correctly reference “Pierce Transit.”
Staff Findings per LMC 18A.30.030 (A) and SEPA
1. Is the proposed amendment consistent with the county-wide planning
policies, the Growth Management Act (GMA), other state or federal law, or the
Washington Administrative Code? Yes.
2. Would the proposed amendment cause little or no adverse environmental
impacts and is the time required to analyze impacts available within the time
frame of the standard annual review process? Yes.
3. Is sufficient analysis completed to determine any need for additional capital
improvements and revenues to maintain level-of-service, and is the time required
for this analysis available within the time frame for this annual review process?
Yes.
4. Can the proposed amendment be considered now without conflicting with
some other comprehensive plan established timeline? Yes.
5. Can the proposed amendment be acted on without significant
other amendments or revisions not anticipated by the proponents and is the
time required for processing those amendments or revisions available within the
time frame of this annual review process? Yes.
6. If the proposed amendment was previously reviewed, ruled upon or rejected,
has the applicant identified reasons to review the proposed amendment again?
N/A
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Non-project action; SEPA exempt.
See Attachment A Exhibit A - Redline: Amendment 2026-13

2026-14 | Planning Best Practice — Zoning all City-Owned Park and Open Space
Parcels and Updating the Allowed Uses within a new single Open Space and
Recreation (OSR) zone.
Planning Commission Recommendation: APPROVAL
Compliance Deadline: None specified
What Lakewood Is Proposing
Eliminate the current separate Open Space and recreation 1 and 2 (OSR1 and OSR2)
zones to create a single OSR zone. Edit Comprehensive Plan maps and text to
reflect the new OSR zone. Edit the Open Space Land Use Table at LMC 18A.40.100 to
better reflect current or needed/planned uses for the City’s parks and open spaces.
Staff Findings per LMC 18A.30.030 (A) and SEPA
1. Is the proposed amendment consistent with the county-wide planning
policies, the Growth Management Act (GMA), other state or federal law, or the
Washington Administrative Code? Yes.
2. Would the proposed amendment cause little or no adverse environmental
impacts and is the time required to analyze impacts available within the time
frame of the standard annual review process? Yes.
3. Is sufficient analysis completed to determine any need for additional capital
improvements and revenues to maintain level-of-service, and is the time required
for this analysis available within the time frame for this annual review process?
Yes.
4. Can the proposed amendment be considered now without conflicting with
some other comprehensive plan established timeline? Yes.
5. Can the proposed amendment be acted on without significant
other amendments or revisions not anticipated by the proponents and is the
time required for processing those amendments or revisions available within the
time frame of this annual review process? Yes.
6. If the proposed amendment was previously reviewed, ruled upon or rejected,
has the applicant identified reasons to review the proposed amendment again?
N/A
Non-project action; SEPA exempt.
See Attachment A Exhibit A - Redline: Amendment 2026-14

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2026-15 | Municipal Code Correction — Updates to Rental Housing Safety
Program (RHSP) regulations.
Planning Commission Recommendation: NO ACTION
Compliance Deadline: None specified
Why Planning Commission Recommends No Action
This amendment’s list of code changes was first proposed in 2025. The City Council
adopted Ordinance 849 on April 20, 2026 that included the proposed code changes.
No code changes required.
2026-16 | Planning Best Practice — Eliminating “Split-Zoning” on Certain Parcels in
Lakewood
Planning Commission Recommendation: NO ACTION
Compliance Deadline: None specified
Why Planning Commission Recommends No Action
PPW conducted a review of 22 parcels currently “split-zoned” (i.e., zoned more than
one land use within a single parcel’s boundary) where one zone was either Open
Space and Recreation 1 or 2 (OSR1 or OSR2) to determine whether the split-zoning
should be eliminated per best planning practices. Following review, no action is
recommended.
No code language prepared at this time.

2026-17 | Economic Development — Allowing Permanent Placement of Food Trucks
in Certain Land Use Zones.
Planning Commission Recommendation: CONTINUE TO 2027 CPA CYCLE
Compliance Deadline: None specified
Why Planning Commission Recommends Continuation
To allow for the City to additional research where other jurisdictions have allowed
“food truck pods”, conduct stakeholder outreach, and prepare potential zoning and
regulatory amendment language.
No code language prepared at this time.

2026-18 | Municipal Code Update — Zoning and Regulatory Amendments related to
Boarding Houses.
Planning Commission Recommendation: APPROVAL
Compliance Deadline: None specified
What Lakewood Is Proposing
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Remove “boarding house” from the municipal code and allowed land uses in
Lakewood. The term and housing type is obsolete, and “co-living housing” is a
permitted use on any lot that allows at least six (6) multifamily residential units,
including on a lot zoned for mixed-use development.
Staff Findings per LMC 18A.30.030 (A) and SEPA
1. Is the proposed amendment consistent with the county-wide planning
policies, the Growth Management Act (GMA), other state or federal law, or the
Washington Administrative Code? Yes.
2. Would the proposed amendment cause little or no adverse environmental
impacts and is the time required to analyze impacts available within the time
frame of the standard annual review process? Yes.
3. Is sufficient analysis completed to determine any need for additional capital
improvements and revenues to maintain level-of-service, and is the time required
for this analysis available within the time frame for this annual review process?
Yes.
4. Can the proposed amendment be considered now without conflicting with
some other comprehensive plan established timeline? Yes.
5. Can the proposed amendment be acted on without significant
other amendments or revisions not anticipated by the proponents and is the
time required for processing those amendments or revisions available within the
time frame of this annual review process? Yes.
6. If the proposed amendment was previously reviewed, ruled upon or rejected,
has the applicant identified reasons to review the proposed amendment again?
N/A
Non-project action; SEPA exempt.
See Attachment A Exhibit A - Redline: Amendment 2026-18

2026-19 | Municipal Code Update — Allowing Pre-approved Accessory Dwelling Unit
(ADU) Designs.
Planning Commission Recommendation: CONTINUE TO 2027 CPA CYCLE
Compliance Deadline: None – optional program
Why Planning Commission Recommends Continuation
Washington law allows the voluntary use of “pre-approved” accessory dwelling unit
(ADU) building plans. A number of jurisdictions have adopted processes by which
property owners can choose to use a pre-approved ADU plan, thereby by potentially
saving time and money, including Kitsap County, Kirkland, Lacey, Leavenworth,
Renton, and Seattle.
In 2025, Pierce County reached out to cities regarding jointly developing a preapproved ADU program in partnership with SSHA3P. It was anticipated that this
effort would have been fully completed before action on the Lakewood 26CPA
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amendments. However, the program’s completion was unexpectedly delayed.
PPW recommends continuation of this amendment to the 2027 cycle to allow the
joint development of a “pre-approved ADU plan” program template to be
completed.
No code language prepared at this time.

2026-20 | Reaching GMA Growth Targets; Economic Development — Update the
Downtown Subarea development regulations governing “horizontal mixed-use
development.”
Planning Commission Recommendation: CONTINUE TO 2029 REVIEW OF
DOWNTOWN SUBAREA PLAN AND REGULATIONS
Compliance Deadline: None specified
Why Planning Commission Recommends Continuation
The Downtown Subarea and its development regulations are subject to regular
review and potential update in conjunction with the Comprehensive Plan periodic
updates and 5-year implementation progress reports. The next regular review of the
Downtown Subarea plan, regulations, and planned action ordinance will be in 2029.
Alternatively, the amendment could be continued to the 2027 Comprehensive Plan
amendment cycle to allow the City to conduct outreach with the development
community and seek feedback regarding how the Downtown Subarea regulations
function.
No code language prepared at this time.

2026-21 | Annual Parcel Redesignation/Rezone Application Cycle —
Redesignate/rezone parcel #0220364100 (3615 Steilacoom Boulevard SW) from
Corridor Commercial (CC)/Commercial 2 (C2) to Neighborhood Business District
(NBD)/Neighborhood Commercial 2 (NC2.)
Planning Commission Recommendation: CONTINUE TO 2027 CPA CYCLE
Compliance Deadline: None specified
Why Planning Commission Recommends Continuation
In order for the application to be considered in light of pending zoning and
regulatory code changes in the 27CPA docket. In 2026, E2SSB 6026 was passed that
prohibits cities with a population of over 30,000 from excluding residential uses in
areas zoned for commercial or mixed-use development, with some flexibilities. The
effective date of E2SSB is June 11, 2026. Lakewood’s municipal code must be
updated for consistency with E2SSB 6026 by December 11, 2027 and an amendment
to do so will be included in the 27CPA docket.
No code language prepared at this time.

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2026-23 | City Council Direction — Update Comprehensive Plan Policy LU-10.4 to
clarify allowance and regulation of nonconforming uses.
Planning Commission Recommendation: APPROVAL
Compliance Deadline: None specified
What Lakewood Is Proposing
Remove LU-10.4 from the Comprehensive Plan; it is unnecessary given the rest of
LU-10 and regulations governing nonconforming uses in Lakewood.
Staff Findings per LMC 18A.30.030 (A) and SEPA
1. Is the proposed amendment consistent with the county-wide planning
policies, the Growth Management Act (GMA), other state or federal law, or the
Washington Administrative Code? Yes.
2. Would the proposed amendment cause little or no adverse environmental
impacts and is the time required to analyze impacts available within the time
frame of the standard annual review process? Yes.
3. Is sufficient analysis completed to determine any need for additional capital
improvements and revenues to maintain level-of-service, and is the time required
for this analysis available within the time frame for this annual review process?
Yes.
4. Can the proposed amendment be considered now without conflicting with
some other comprehensive plan established timeline? Yes.
5. Can the proposed amendment be acted on without significant
other amendments or revisions not anticipated by the proponents and is the
time required for processing those amendments or revisions available within the
time frame of this annual review process? Yes.
6. If the proposed amendment was previously reviewed, ruled upon or rejected,
has the applicant identified reasons to review the proposed amendment again?
N/A
Non-project action; SEPA exempt.
See Attachment A Exhibit A - Redline: Amendment 2026-23

2026-24 | Annual Parcel Redesignation/Rezone Application Cycle — Redesignation
of Parcel 3085002360 (9102 Edgewater Dr SW) from Residential (R) to Open Space &
Recreation (OSR) and Rezone from Open Space & Recreation 1 (OSR1) to Open Space
& Recreation (OSR)
Planning Commission Recommendation: APPROVAL
Compliance Deadline: None specified
What Lakewood Is Proposing
Rezone parcel 3085002360 to OSR, making it possible to implement the Edgewater
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Park Master Plan.
Staff Findings per LMC 18A.30.030 (A) and SEPA
1. Is the proposed amendment consistent with the county-wide planning
policies, the Growth Management Act (GMA), other state or federal law, or the
Washington Administrative Code? Yes.
2. Would the proposed amendment cause little or no adverse environmental
impacts and is the time required to analyze impacts available within the time
frame of the standard annual review process? Yes.
3. Is sufficient analysis completed to determine any need for additional capital
improvements and revenues to maintain level-of-service, and is the time required
for this analysis available within the time frame for this annual review process?
Yes.
4. Can the proposed amendment be considered now without conflicting with
some other comprehensive plan established timeline? Yes.
5. Can the proposed amendment be acted on without significant
other amendments or revisions not anticipated by the proponents and is the
time required for processing those amendments or revisions available within the
time frame of this annual review process? Yes.
6. If the proposed amendment was previously reviewed, ruled upon or rejected,
has the applicant identified reasons to review the proposed amendment again?
N/A
Non-project action; SEPA exempt.
See Attachment A Exhibit A - Redline: Amendment 2026-24

2026-25 | Annual Parcel Redesignation/Rezone Application Cycle — Redesignation
and rezone of Parcel 3085002170 (9132 Edgewater Dr SW) from Residential
(R)/Residential 3 (R3) to Open Space & Recreation (OSR)/Open Space & Recreation
(OSR2)
Planning Commission Recommendation: APPROVAL
Compliance Deadline: None specified
What Lakewood Is Proposing
Redesignate/rezone parcel 3085002170 to OSR/OSR for public use in conjunction
with the master planning and redevelopment of Edgewater Park.
Staff Findings per LMC 18A.30.030 (A) and SEPA
1. Is the proposed amendment consistent with the county-wide planning
policies, the Growth Management Act (GMA), other state or federal law, or the
Washington Administrative Code? Yes.
2. Would the proposed amendment cause little or no adverse environmental
impacts and is the time required to analyze impacts available within the time
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frame of the standard annual review process? Yes.
3. Is sufficient analysis completed to determine any need for additional capital
improvements and revenues to maintain level-of-service, and is the time required
for this analysis available within the time frame for this annual review process?
Yes.
4. Can the proposed amendment be considered now without conflicting with
some other comprehensive plan established timeline? Yes.
5. Can the proposed amendment be acted on without significant
other amendments or revisions not anticipated by the proponents and is the
time required for processing those amendments or revisions available within the
time frame of this annual review process? Yes.
6. If the proposed amendment was previously reviewed, ruled upon or rejected,
has the applicant identified reasons to review the proposed amendment again?
N/A
Non-project action; SEPA exempt.
See Attachment A Exhibit A - Redline: Amendment 2026-25

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ATTACHMENT A
PLANNING COMMISSION RESOLUTION 2026-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKEWOOD,
WASHINGTON, FORMALIZING ITS RECOMMENDATIONS REGARDING THE 2026
COMPREHENSIVE PLAN/ZONING MAP/DEVELOPMENT REGULATION
AMENDMENTS AND FORWARDING ITS RECOMMENDATIONS TO THE LAKEWOOD
CITY COUNCIL FOR CONSIDERATION AND ACTION.
WHEREAS, the City of Lakewood is a code city planning under the Growth
Management Act, codified in RCW 36.70A; and
WHEREAS, the City Council adopted its Comprehensive Plan via Ordinance No. 237
on July 10, 2000; and
WHEREAS, the Lakewood City Council adopted Title 18A, Land Use and
Development Code, of the Lakewood Municipal Code (LMC) via Ordinance No. 264
on August 20, 2001; and
WHEREAS, the Lakewood City Council adopted significant substantive and technical
changes to the Comprehensive Plan via Ordinance 812 and to the land use
development regulations via Ordinance 813 on September 16, 2024; and
WHEREAS, it is appropriate for the Lakewood City Council to periodically consider
and adopt amendments needed to ensure that the Plan and implementing
regulations provide appropriate policy and regulatory guidance for growth and
development; and
WHEREAS, the Lakewood City Council established a docket of proposed 2026
Comprehensive Plan and Zoning Map amendments (26CPAs) through Resolution
No. 2025-13; and
WHEREAS, the 26CPA docket consisted of twenty-five (25) amendments (CPA/ZOA
2026-01 through 2026-25); and
WHEREAS, environmental review as required under the Washington State
Environmental Policy Act (SEPA) resulted in the issuance of a determination of
environmental non-significance that was published on May 20, 2026 under SEPA
#202602113; and
WHEREAS, notice was provided to state agencies on May 19, 2026 per City of
Lakewood--2026-S-12843--60-day Notice of Intent to Adopt Amendment, prior to the
adoption of this Resolution, and state agencies have been afforded the opportunity
to comment per RCW 36.70A.106(1); and
WHEREAS, notice has been provided to Joint Base Lewis-McChord (JBLM) prior to
the adoption of this Resolution, and JBLM has been afforded the opportunity to
comment per RCW 36.70A.530 (5); and
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WHEREAS, the Lakewood Planning Commission held an open record public hearing
on June 17, 2026; and
WHEREAS, the Lakewood Planning Commission has determined that the
amendments listed below are consistent with, and further the goals and policies of,
the Growth Management Act and the provisions of the City’s Comprehensive Plan,
and that the proposed text amendments meet the criteria for approval found in LMC
18A.30.050 and promote the community’s overall health, safety, and welfare;
NOW, THEREFORE, THE LAKEWOOD PLANNING COMMISSION OF THE CITY OF
LAKEWOOD, WASHINGTON, DOES RECOMMEND AS FOLLOWS:
Section 1. Action on proposed amendments to the City’s Comprehensive Plan,
Zoning Map, and land use and development regulations as contained in Exhibit A
hereto, summarized as follows:
Amend. #

Summary

Recommendation

2026-01

Adding administrative process for residential to splitting per HB 1096

Approve

2026-02

Building Code and Development Regulation Reform per HB 1183

Approve

2026-05

Updating Criteria for Historic Landmark Designation per HB 1576

Approve

2026-06

Regulations re Existing Buildings Converted to Residential Use per HB
1757

Approve

2026-08

Adopting New Minimum Parking Requirements per SB 5184

Approve

2026-13

Correcting references in Comprehensive Plan and Development
Regulation to “Pierce Transit” vs. “Pierce County Transit”

Approve

2026-14

Zoning all City-Owned Park and Open Space Parcels and Updating the
Allowed Uses a new single Open Space and Recreation (OSR) zone.

Approve

2026-18

Updating Zoning and Regulatory Amendments related to Boarding
Houses.

Approve

2026-23

Remove Comprehensive Plan Policy LU-10.4 to clarify allowance and
regulation of nonconforming uses.

Approve

2026-24

Redesignate Parcel 3085002360 (9102 Edgewater Dr SW) from
Residential (R) to Open Space & Recreation (OSR) and rezone from Open
Space & Recreation 1 (OSR1) to Open Space & Recreation (OSR)

Approve

2026-25

Redesignate and rezone Parcel 3085002170 (9132 Edgewater Dr SW) from
Residential (R)/Residential 3 (R3) to Open Space & Recreation (OSR)/Open
Space & Recreation (OSR)

Approve

2026-03

ADU Self-Certification Program per HB 1353 (Optional)

Do not approve

2026-09

Land Subdivision Streamlining per ESB 5559

No action (in
compliance)

2026-10

Child Care Center Siting per SB 5509

No action (in
compliance)

2026-11

Land Use Permitting Streamlining per SB 5611

No action (in
compliance)

2026-12

Child Care Centers in Existing Buildings per SB 5655

No action (in
compliance)

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EXHIBIT A
2026 Comprehensive Plan Amendments — Redline Code Amendments
The proposed amendments’ edits to current policy, maps, and code are organized
below by LMC code section. Each code section appears once; where multiple
proposed amendments affect the same section, all changes are incorporated into
consolidated “redline” underline/strikethrough text. Amendment “tags” identify
which proposed amendment drives each specific change.
REDLINE FORMAT LEGEND
Underlined= Proposed addition
Strikethrough= Proposed deletion
2026-XX= Amendment tag (section header and inline)
⚠ OVERLAP FLAG: Multiple amendments modify this section

CROSS-REFERENCE INDEX
Comprehensive Plan
(Maps, Exhibits, or
Text) or LMC Section

Subject

Driving Amendment(s)

Page

City Land Use
Designation Map

Redesignate parcel for Edgewater
Park

2026-25

24

City Zoning Map

Consolidate OSR1 and OSR2 into
single OSR Zone; rezone two parcels
for inclusion in Edgewater Park

2026-14 l 2026-24 l 2026-25

25

Comprehensive Plan
Exhibits 2-1, 9-1

Consolidate OSR1 and OSR2 into
single OSR Zone

2026-14

26

Comprehensive Plan
Exhibits 3-2 and 12-4
and Text

Correct reference to “Pierce Transit”

2026-13

28

Comprehensive Plan
Policy LU-10.4

Nonconforming use policy

2026-23

34

2.48.040

Landmark designation criteria

2026-05

37

2.48.060

Landmark designation procedure

2026-05

40

17.25 (new)

Administrative lot split (new chapter)

2026-01

46

18A.10.180

Definitions

2026-01 | 2026-02 | 2026-03
| 2026-06 l 2026-18

52

18A.20.080

Review and approval authorities

2026-01

53

18A.20.228

Nonconforming uses

2026-02 | 2026-06

55

18A.20.230

Nonconforming structures

2026-02 | 2026-06

56

18A.40.100

Open Space

2026-14

57

18A.40.110

Residential uses

2026-02 | 2026-03 l 202606 l 2026-18

60

18A.40.130

Existing buildings for residential Uses
in Air Corridor Zones and Clear Zone

2026-06

63

18A.60.090

General standards — projection

2026-02

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Comprehensive Plan
(Maps, Exhibits, or
Text) or LMC Section

Subject

Driving Amendment(s)

Page

exceptions
18A.70.020

Community design applicability

2026-02 l 2026-06

66

18A.80.030

Parking requirements

2026-02 | 2026-06 l 202608

67

18B.200.230

Downtown district-wide standards

2026-02 | 2026-06

71

18B.600.610

Downtown parking

2026-06 l 2026-08

72

18C.200.230

Station District standards

2026-02 | 2026-06

73

18C.600.610

Station District parking

2026-06 l 2026-08

73

COMPREHENSIVE PLAN
Land Use Designation Map
▤ Amendments: 2026-24 l 2026-25

⚠ OVERLAP FLAG: Multiple
amendments modify this section.

Three amendments require a new Land Use Designation Map (LUDM) at Exhibit 2-2
to depict the redesignation of two parcels to OSR for inclusion in Edgewater Park.

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[2026-24, 2026-25]

Land Use Zoning Map
▤ Amendments: 2026-14 l 2026-24 l 2026-25

⚠ OVERLAP FLAG: Multiple
amendments modify this section.

This amendment replaces the Zoning Map at Exhibit 2-3 to reflect the creation of a
new Open Space and Recreation (OSR) zone that replaces OSR1 and OSR2 as well as
the rezoning of two parcels for inclusion in Edgewater Park.

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[2026-14, 2026-24, 2026-25]

Exhibits
▤ Amendment: 2026-14

Lakewood currently has two open space and recreation zones, OSR1 and OSR 2 in its
zoning code. Per 18A.10.120 (D)(9):
The OSR1 zoning district may be applied to publicly or privately owned or
controlled property used for natural open space and passive recreation. The
OSR2 zoning district may be applied to privately and publicly owned active
recreational uses and cemeteries.
Currently, all city parks are zoned OSR1 except for Primley, Ponders, and Springbrook
Parks.
This amendment updates Comprehensive Plan Exhibits 2-1 and 9-1 to reflect the
creation of a new consolidated Open Space and Recreation (OSR) land use zone,
eliminating problems regarding improving and maintaining parks that have
occurred per current zoning distinctions between the OSR1 and OSR2 zones.
Exhibit 2-1 Lakewood Land Use Designations and Zoning.
Land Use Designation

Land Use Zoning District

Air Corridor 1 (AC1)
Air Corridor 2 (AC2)

▪ Clear Zone (CZ)
▪ Air Corridor 1 (AC1)
▪ Air Corridor 2 (AC2)

Arterial Corridor (ARC)

▪ Arterial Residential/Commercial (ARC)

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Land Use Designation

Land Use Zoning District

Corridor Commercial (CC)

▪ Transit-Oriented Commercial (TOC)
(within Lakewood Station District)
▪ Commercial 1 (C1)
▪ Commercial 2 (C2)
▪ Commercial 3 (C3)

Downtown

▪ Central Business District (CBD)

High-Density Multifamily (HD)

▪ Multifamily 2 (MF2)
▪ Multifamily 3 (MF3)

Industrial (I)

▪ Industrial Business Park (IBP)
▪ Industrial 1 (I1)
▪ Industrial 2 (I2)

Public and Semi-Public Institutional (PI)

▪ Public Institutional (PI)

Multifamily (MF)

▪ Multifamily 1 (MF1)

Military Lands (ML)

▪ Military Lands (ML)

Mixed Residential (MR)

▪ Mixed Residential 1 (MR1)
▪ Mixed Residential 2 (MR2)

Neighborhood Business District (NBD)

▪ Neighborhood Commercial 1 (NC1)
▪ Neighborhood Commercial 2 (NC2)

Open Space and Recreation (OSR)

▪ Open Space and Recreation (OSR) 1 (OSR1)
▪ Open Space and Recreation 2 (OSR2)

Residential (R)

▪
▪
▪
▪

Residential 1 (R1)
Residential 2 (R2)
Residential 3 (R3)
Residential 4 (R4)

Exhibit 9-1. Lakewood Public Parks and Open Spaces.

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Exhibits and Text
▤ Amendment: 2026-13

During the 2024 periodic update to the Lakewood Comprehensive Plan, Pierce
Transit was erroneously referenced as “Pierce County Transit.” This amendment
would amend the Comprehensive Plan in 15 places to correctly reference Pierce
Transit throughout the Plan.
Exhibits
Exhibit 12-4.

***
Pierce County Transit Service in Lakewood.

30

***
Exhibit 3-2. Type 2 Service/Utility Providers.
Service /
Utility
Public
Schools
Fire&
Medical
Libraries
Transit

City
Regulatory
Authority

Planning
Responsibility

Funding
Responsibility

Who
Sets
LOS?

Project
Review

Clover Park
School District

land use

provider

provider

provider

provider

West Pierce
Fire & Rescue
(WPFR)
Pierce County
Library District
Pierce County
Transit and
Sound Transit

land use

provider

provider

provider

provider

land use

provider

provider

provider

provider

land use

provider

provider

provider

provider

Agency

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***

4.2.1 Competitive Economic Position

As part of maintaining and expanding the local economy, Lakewood is in a strong
situation to take advantage of different opportunities. These benefits can help boost
current opportunities as well as attracting new economic activity into the
community. Significant local resources include the following:
***
▪ Local and regional transit. The Pierce County Transit bus system and Sound
Transit commuter rail are accessible at Lakewood Station, which is near the
Pacific Highway/SR512/I-5 interchange. Planned investment in these systems
will also improve connectivity to Sea-Tac International Airport and employment
centers in Tacoma and Seattle over the long term.
***
5
***
Finding 3: Lakewood can improve upon its active modes of travel.
Private automobiles remain the primary mode of travel in the city. Public transit,
pedestrian and bicycle facilities can be improved to ensure that transit and active
modes of travel become more viable options. Climate-friendly vehicles can also
make a significant contribution to emissions reduction. The city can promote
climate friendly and efficient transportation options by:
▪ Coordinating with and supporting Pierce County Transit’s efforts toward
expanding public transit service to improve mobility and reduce reliance on the
private automobile;
▪ Promoting walking and bicycling as a safe and convenient mode of
transportation;
▪ Supporting safe routes to schools and improving bicycle, pedestrian, and transit
access;
▪ Advocating for a local long distance passenger rail system to serve the
community;
▪ Reducing reliance on private automobiles as a primary mode of transportation
to decrease emissions from vehicle trips; and
▪ Committing to acquiring fuel efficient vehicles and equipment.
***
11 Subareas
LS-5.3

***

Enhance non-motorized connections to Lakewood Station and Pierce
County Transit facilities to encourage the use of regional and local transit.
***

12.2.1 Overview
▪

***

Alternative Transportation Modes. There are few realistic alternatives to driving
for most people in Lakewood. The city’s current bicycle and pedestrian network
does not provide safe links to all commercial areas, schools, community facilities,
and residential neighborhoods. Alternative motorized modes include local and
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regional transit connections provided by Pierce County Transit, Intercity Transit,
and Sound Transit systems will improve connectivity as commuter rail and BRT
service is established.
***

12 Transportation
Transit
A map of current and proposed transit services in Lakewood are provided in Exhibit
12.4XX. Transit service in Lakewood is provided by two agencies:

▪

Pierce County Transit, managed by Pierce County, provides local bus service
and is coordinating the development of a future bus rapid transit (BRT) system
that may include alignments in Lakewood. Current service is outlined in Exhibit
12.4XX. Routes 2, 3, and 4, providing connections to Tacoma and Puyallup, are
frequent lines that converge at the Lakewood Transit Center. Other bus lines
include the 206 and 214, which also service JBLM, and the 212, which provides a
connection to the Anderson Ketron Ferry in Steilacoom.
***

Exhibit 12-4. Pierce County Transit Service in Lakewood.

Sources: Pierce Transit, 2024.
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***

12 Transportation

***
Transit
A challenging aspect of providing city Level of Service measures for transit is that
while levels of transit service can affect the feasibility of growth and the ability for the
city to keep pace with transportation demands, other agencies, specifically Pierce
County Transit and Sound Transit, oversee the management of services. However,
while the city is not in direct control of managing transit, there is a significant role for
the city to play in supporting transit and highlighting areas where the city should
coordinate with service providers.
The transit Level of Service standard for transit access in Lakewood includes
measuring the capacity and use of transit stops in the city, and categorizing them as
follows:
▪ Adequate facilities. Under the current system, this would represent functional
transit stops in the network that can meet local and city-wide needs with
current and planned service and include sufficient pedestrian and bicycling
connections to link the stops with the surrounding area.

▪

High priority. This would include transit stops that are currently operating and
require significant improvements to provide pedestrian and bicycling
connections for access, as well as planned transit stops that would be required to
support expected increases in density over the short term.

▪

Moderate priority. Other transit stops may be operating and serving the
surrounding community, but identified improvements may be necessary by the
city to improve transit use. In other cases, longer-term density increases may be
planned in certain areas that would require an increase in transit services. While
still a priority, these facilities would not be the most essential in addressing
immediate concerns with the system.

▪

No facilities. Some parts of the city might not have convenient access to current
or planned transit stops, which needs to be considered in this standard. In these
instances, potential or existing developments might not generate necessary
ridership, or the available rights-of-way could pose difficulties for transit facility
accommodation. While these services might not be immediately accessible, the
city should support initiatives by agencies like Pierce County Transit to offer
micro-transit solutions and other alternative transit modes where feasible.
***

Transportation
***
TR-8.7

Expand park-and-ride facilities for commuter rail and other transit in
partnership with Pierce County Transit, Sound Transit, and other potential
parking providers.
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***

15.4.5 Energy and Climate Change
Actions

Related Elements

Lead/Partners

Timeline

EC-A

Increase community
Implementation
awareness about climate
(Public Engagement)
change through educational
campaigns and local
sustainability efforts through
workshops and partnerships
with local organizations.

PPW (Long Range
Planning); PWE
(Engineering Services)

Short-term/ongoing

EC-B

Develop a hazards
management plan that
includes strategies for both
pre-incident and postincident management to
enhance community
resilience.

Public Services

City Manager; West
Pierce Fire & Rescue;
Lakewood Police
Department;
neighboring
communities

Moderate-term

EC-C

Work with transportation
agencies on ongoing
programs to improve and
enhance public transit
services and reduce the
community’s reliance on
private vehicles.

Transportation

PWE (Transportation);
WSDOT; Sound
Transit; Pierce County
Transit; neighboring
communities

Ongoing

EC-D

Increase the use of
renewable energy sources
like solar and wind power by
the city.

Capital Facilities and
Essential Public
Facilities

PPW (Long Range
Planning); PWE
(Engineering
Services); PRCS
(Property
Management)

Short-term

EC-E

Promote energy and water
conservation practices in the
design, construction, and
maintenance of city-owned
buildings.

Capital Facilities and
Essential Public
Facilities

PWE (Engineering
Services); PRCS
(Property
Management)

Short-term/ongoing

EC-F

Provide public information
about conservation
practices.

Implementation
(Public Engagement)

PPW (Long Range
Planning); PWE
(Engineering Services)

Short-term

EC-G

Review the feasibility of
installing EV charging
stations and implement
installations where possible.

Transportation

PPW (Long Range
Planning); PWE
(Transportation)

Short-term

EC-H

Develop an Energy &
Climate Change
Implementation Plan to
guide the actions to carry
out energy, climate change,
and resilience policies from
this Element.

Natural Environment,
Transportation, Capital
Facilities and Essential
Public Facilities; Land
Use

City Manager; PPW
(Long Range
Planning); all
departments

Short-term

EC-I

Provide for ongoing
monitoring and reporting of
the city’s carbon emissions
and reduction efforts.

Natural Environment,
Transportation, Capital
Facilities and Essential
Public Facilities; Land
Use; Implementation
(Public Engagement)

City Manager; PPW
(Long Range
Planning); all
departments

Short-term/Ongoing

***

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15.4.2 Transportation
Actions

Related Elements

Lead/Partners

Timeline

TR-A

Amend and regularly update
the Lakewood Engineering
Design Standards to ensure
alignment with desired
improvements to
streetscapes and local
transportation
improvements.

Capital Facilities and
Essential Public
Facilities

PWE (Transportation)

Moderate-term

TR-B

Regularly update and
Capital Facilities and
amend the city’s six-year
Essential Public
Transportation Improvement Facilities
Program according to the
priorities included in the
Comprehensive Plan.

PWE (Transportation)

Regular/yearly

TR-C

Implement a traffic safety
program aimed at achieving
zero fatalities and serious
injuries using a Safe System
Approach, with regular
reviews and updates based
on data analysis.

Public Services

PWE (Transportation);
Lakewood Police
Department

Moderate-term/ongoing

TR-D

Revise and enforce design
standards for pedestrian and
bicycle facilities to align with
national guidelines and local
needs

Parks, Recreation, and
Open Space; Capital
Facilities and Essential
Public Facilities

PWE (Transportation);
PRCS (Capital
Projects)

Short-term

TR-E

Continue collaborations with
county and regional entities
to fund and implement
significant multimodal
transportation
improvements

Capital Facilities and
Essential Public
Facilities

PWE (Transportation);
City Manager

Ongoing

TR-F

Develop and implement an
ADA Transition Plan for city
facilities and transportation
infrastructure.

(all)

City Manager; all
departments

Short-term

TR-G

Provide guidance for
Transportation Demand
Management (TDM)
strategies used by
development projects as
impact mitigation.

Land Use

PWE (Transportation);
PPW (Long Range
Planning)

Moderate-term

TR-H

Coordinate a commute trip
reduction plan with local
businesses, transit agencies,
and other entities to
decrease traffic.

Land Use; Economic
Development

PWE (Transportation)

Moderate-term

TR-I

Implement and regularly
update the Non-Motorized
Transportation Plan to
highlight pedestrian and
bicycle infrastructure as
integral components of the
local multimodal
transportation system.

Capital Facilities and
Essential Public
Facilities

PWE (Transportation);
PRCS (Capital
Projects)

Moderate-term

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Actions
TR-J

Implement a street light
placement policy focused on
enhancing pedestrian safety
through better lighting,
especially in newly
developed or redeveloped
areas.

TR-K

Coordinate a review of the
potential for local microtransit and “first mile last
mile” services with Pierce
County Transit.

TR-L

Work closely with WSDOT,
neighboring jurisdictions,
and regional transit
authorities to ensure
coherent transportation
planning.

Related Elements

Lead/Partners

Timeline

Capital Facilities and
Essential Public
Facilities

PWE (Transportation)

Short-term

PWE (Transportation);
Sound Transit; Pierce
County Transit;
neighboring
communities

Moderate-term

PWE (Transportation);
WSDOT; Sound
Transit; Pierce County
Transit; neighboring
communities

Ongoing

Capital Facilities and
Essential Public
Facilities

Text
▤ Amendment: 2026-23

When setting the 26CPA docket, the City Council directed that a review of policy LU10.4 be conducted for its consistency with the rest of LU-10 and with how the City
wishes to address nonconforming uses over time.
This amendment removes LU-10.4 given the specificity with which the City regulates
nonconforming uses and the intent under Washington and Lakewood land use law.
LU-10 Encourage the transition of nonconforming uses and structures towards
compliance with current standards.
LU-10.1 Allow for the continued operation, maintenance, and minor repair of
nonconforming uses that were legally established but are no longer in
compliance with development regulations.
LU-10.2 Prohibit any expansion in the scale or intensity of existing
nonconforming uses or structures.
LU-10.3 Require nonconforming uses and structures to be brought into
compliance if they cease to operate or site improvements are significantly
damaged.
LU-10.4 Allow for flexibility with the management of nonconforming uses if
compliance would prohibit the productive use of the property, especially if
these activities support important community functions.

MUNICIPAL CODE
TITLE 2 — ADMINISTRATION AND PERSONNEL
LMC Chapter 2.48 PROTECTION AND PRESERVATION OF LANDMARKS
▤ Amendment: 2026-05

This amendment incorporates required changes from HB 1576 and edits LMC
Chapter 2.48 for improved readability.
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Sections:
2.48.010
2.48.020
2.48.030
2.48.035
2.48.036
2.48.040
2.48.050
2.48.060
2.48.070
2.48.080
2.48.090
2.48.110
2.48.120
2.48.130
2.48.140

Purpose.
Definitions.
Repealed.
Repealed.
Repealed.
Designation criteria.
Nomination procedure.
Designation procedure.
Certificate of appropriateness procedure.
Evaluation of economic impact.
Appeal procedure.
Penalties for violating this chapter.
Special valuation for historic properties.
Severability.
Retroactive approval of acts.

2.48.010
Purpose.
The purposes of this chapter are to:
A. Designate, preserve, protect, enhance, and perpetuate those sites, buildings,
districts, structures and objects which reflect significant elements of the City’s,
county’s, state’s and nation’s cultural, aesthetic, social, economic, political,
architectural, ethnic, archaeological, engineering, historic and other heritage;
B. Foster civic pride in the beauty and accomplishments of the past;
C. Stabilize and improve the economic values and vitality of landmarks;
D. Protect and enhance the City’s tourist industry by promoting heritage-related
tourism;
E. Promote the continued use, exhibition and interpretation of significant sites,
districts, buildings, structures, objects, artifacts, materials and records for the
education, inspiration and welfare of the people of Lakewood;
F. Promote and continue incentives for ownership and utilization of landmarks;
G. Assist, encourage and provide incentives to public and private owners for
preservation, restoration, rehabilitation and use of landmark buildings, sites, districts,
structures and objects;
H. Assist, encourage, and provide technical assistance to public agencies, public
and private museums, archives and historic preservation associations and other
organizations involved in the preservation, exhibition, protection and interpretation
of Lakewood’s heritage;
I. Work cooperatively to identify, evaluate and protect historic resources in
furtherance of the purposes of this chapter. [Ord. 251 § 1, 2000.]
2.48.020
Definitions.
The following words and terms shall, when used in this chapter, be defined as follows
unless a different meaning clearly appears from the context:
“Alteration” means any construction, demolition, removal, modification, excavation,
restoration or remodeling of a landmark.
“Building” means a structure created to shelter any form of human activity, such as a
house, barn, church, hotel, or similar structure. “Building” may refer to a historically
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related complex, such as a courthouse and jail or a house and barn.
“Certificate of appropriateness” means written authorization issued by the Planning
and Public Works Department permitting an alteration to a significant feature of a
designated landmark.
“Community landmark” means a historic resource which has been designated
pursuant to this chapter but which may be altered or changed without application
for or approval of a certificate of appropriateness.
“Council” means the Lakewood City Council.
“Designation” means the act of the Planning and Public Works Department
determining that a historic resource meets the criteria established by this chapter.
“Designation report” means a report issued by the Planning and Public Works
Department after a public hearing setting forth its determination to designate a
landmark and specifying the significant feature or features thereof.
“District” means a geographically definable area, urban or rural, possessing a
significant concentration, linkage, or continuity of sites, buildings, structures, or
objects united by past events or aesthetically by plan or physical development. A
district may also comprise individual elements separated geographically but linked
by association or history.
“Heritage” means a discipline relating to history, ethnic history, traditional cultures,
folklore, archaeology and historic preservation.
“Historic Preservation Officer” (“HPO” or “Officer”) means the Lakewood Historic
Preservation Officer. The Planning and Public Works Director (“PPW Director” or
“Director”) or their designee, shall serve as the Historic Preservation Officer.
“Historic resource” means a district, site, building, structure or object significant in
American and/or local history, architecture, archaeology and/or culture.
“Incentives” means such compensation, rights or privileges or combination thereof,
which the Council or other local, state or federal public body or agency, by virtue of
applicable present or future legislation, may be authorized to grant to or obtain for
the owner(s) of designated landmarks. Examples of economic incentives include but
are not limited to tax relief, conditional use permits, rezoning, street, vacation,
planned unit development, transfer of development rights, facade easements, gifts,
preferential leasing policies, private or public grants-in-aid, beneficial placement of
public improvements or amenities, or the like.
“Interested person of record” means any individual, corporation, partnership or
association which notifies the Planning and Public Works Department or the
Council in writing of his/her/its interest in any matter before the Planning and Public
Works Department.

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“Landmark” means a historic resource designated as a landmark pursuant to this
chapter.
“Nomination” means a proposal that a historic resource be designated a landmark.
“Object” means a material thing of functional, aesthetic, cultural, historical, or
scientific value that may be, by nature or design, movable yet related to a specific
setting or environment.
“Owner” is a person having a fee simple interest, a substantial beneficial interest of
record or a substantial beneficial interest known to the Planning and Public Works
Department in a historic resource. Where the owner is a public agency or
government, that agency shall specify the person or persons to receive notices
hereunder.
“Person” means any individual, partnership, corporation, group or association.
“Person in charge” means the person or persons in possession of a landmark,
including, but not limited to, a mortgagee, or vendee in possession, an assignee of
rents, a receiver, executor, trustee, lessee, tenant, agent, or any other person directly
or indirectly in control of the landmark.
“Preliminary determination” means a decision of the Planning and Public Works
Department determining that a historic resource which has been nominated for
designation is of significant value and is likely to satisfy the criteria for designation.
“Significant feature” means any element of a landmark which the Planning and
Public Works Department has designated pursuant to this chapter as important to
the historic, architectural or archaeological value of the landmark.
“Site” means the location of a significant event, a prehistoric or historic occupation or
activity, or a building or structure, whether standing, ruined, or vanished, where the
location itself maintains a historical or archaeological value regardless of the value of
any existing structures.
“Structure” means any functional construction in addition to that which is described
as a “building” hereinabove.
2.48.030
Landmarks and Heritage Advisory Board created.
Repealed by Ord. 825.
2.48.035
Powers of Lakewood Landmarks and Heritage Advisory Board.
Repealed by Ord. 825. 2.48.036
Removal.
Repealed by Ord. 825.
2.48.040
Designation criteria.
A. An historic resource may be designated as a Lakewood landmark if it is more
than 4050 years old or, in the case of a landmark district, contains resources that are
more than 4050 years old, and possesses integrity of location, design, setting,
materials, workmanship, feeling and association, and:
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1. Is associated with events that have made a significant contribution to the
broad patterns of national, state or local history; or
2. Is associated with the lives of persons significant in national, state or local
history; or
3. Embodies the distinctive characteristics of a type, period, style or method of
design or construction, or that represents a significant and distinguishable entity
whose components may lack individual distinction; or
4. Has yielded or may be likely to yield information important in prehistory or
history; or
5. Is an outstanding work of a designer or builder who has made a substantial
contribution to the art.
B. A historic resource may be designated a community landmark because it is an
easily identifiable visual feature of a neighborhood or city and contributes to the
distinctive quality or identity of such neighborhood or the City or because of its
association with significant historical events or historic themes, association with
important or prominent persons in the community or county, or recognition by local
citizens for substantial contribution to the neighborhood or community. An
improvement or site qualifying for designation solely by virtue of satisfying criteria
set out in this section shall be designated a community landmark.
C. Cemeteries, birthplaces or graves of historical figures, properties owned by
religious institutions or used for religious purposes, structures that have been moved
from their original locations, reconstructed historic buildings, properties primarily
commemorative in nature, and properties that have achieved significance within the
past 40 years shall not be considered eligible for designation. However, such a
property shall be eligible for designation if it is:
1. An integral part of districts that meet the criteria set out in this chapter; or
2. A religious property deriving primary significance from architectural or artistic
distinction or historical importance; or
3. A building or structure removed from its original location but which is
significant primarily for its architectural value, or which is the surviving structure
most importantly associated with a historic person or event; or
4. A birthplace, grave or residence of a historical figure of outstanding
importance if there is no other appropriate site or building directly associated
with his or her productive life; or
5. A cemetery that derives its primary significance from graves of persons of
transcendent importance, from age, from distinctive design features, or from
association with historic events; or
6. A reconstructed building when accurately executed in a suitable
environment and presented in a dignified manner or as part of a restoration
master plan, and when no other building or structure with the same association
has survived; or
7. A property commemorative in intent of design, age, tradition, or symbolic
value has invested it with its own historical significance; or
8. A property achieving significance within the past 40 years if it is of
exceptional importance.
D.
E. No property may be designated as a historic landmark if the designation would
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restrict the use, alteration or demolition of the property unless the written
consent of the property owner has been obtained prior to approval of the
designation. This section does not affect the validity of any landmark designation
made through this chapter prior to the effective date of this section.
ED. A tree may be designated as a heritage tree due to its historical, cultural, or
environmental significance to the community. The purpose of the heritage tree
designation is to ensure additional measures of protection and maintenance for
trees with unique characteristics, historical importance, or cultural significance. The
nomination and designation process shall follow LMC 2.48.050 and 2.48.060.
Heritage trees are not subject to LMC 2.48.070. All heritage trees shall be retained
unless allowed to be removed per Chapter 18A.70 LMC, Article III, Tree Preservation.
A complete application for heritage tree nomination and designation shall include
the following information:
1. A short description of the tree(s), including the address or location, species,
and size (height, crown spread, and DBH);
2. Reason for designation as a heritage tree(s) including special characteristics
of the tree and/or site; and
3. A report completed by an ISA certified arborist to identify the tree’s
characteristics, current condition, and maintenance needs.
2.48.050
Nomination procedure.
A. Application. Any person, including any member of the Planning and Public
Works Department may nominate a historic resource for designation as a landmark
or community landmark. Procedures set forth herein may be used to amend
existing designations or to terminate an existing designation based on changes
which affect the applicability of the criteria for designation. The nomination or
designation of a historic resource as a landmark shall include the land occupied by
the historic resource unless the nomination or designation expressly provides
otherwise. This nomination must include whether the property owner agrees or not
with the nomination.
Nominations shall be made on an application form provided by the City of Lakewood
PPW Historic Preservation Officer (HPO), shall be filed with the City PPW, and shall
include all data required and payment of applicable fees prior to going under review.
The Historic Preservation Officer (HPO) may issue a Notice of Incomplete
nominations that does not include sufficient information for review. The applicant
submitting the nomination are responsible for conducting the research necessary
for consideration by the HPO and PPW.
B. Request for Information. Following review of a complete application, the HPO
shall review the nomination, consult with the applicant, the property owner, and
recommend request additional information deemed necessary for review.
C. Notice of Hearing. When the HPO determines that a nomination contains
sufficient information and complies with this chapter, the HPO shall provide
electronic notice through the permitting system/email, that a preliminary
determination will be considered pursuant to this chapter. Notice shall be provided
to the owner of the property or object, the applicant, and any interested persons of
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record.
The notice shall include:
1. The date, time, and place of the public hearing before the Planning
Commission to receive testimony regarding the proposed nomination;
2. The address, description, and boundaries of the nominated historic resource;
3. A statement that, preliminary determination the certificate of appropriateness
procedures set forth in this chapter will apply;
4. A statement that, upon preliminary determination, no significant feature may
be altered without first obtaining a certificate of appropriateness from PPW,
regardless of whether a building permit or other permits are required; and
5. A statement that any review of PPWs action on a preliminary determination
shall be limited to the record submitted as part of the application, at the
public hearing, and that no additional evidence on the issue of preliminary
determination may be presented under this chapter.
D. Planning Commission Review. After sending the required notice, the HPO shall
transmit the nomination application, all supporting information to the Planning
Commission for consideration on the hearing date specified in the notice. Notice of
the hearing must also be published in a local newspaper at least 10 days before the
hearing. The hearing may be continued from time to time at the discretion of the
Planning Commission or HPO.
E. Owner Consent Required. Before referring a nomination involving private
property to the Planning Commission, the HPO shall obtain confirmation that the
owner of the private property agrees with the nomination. If the owner does not
agree with the nomination, the nomination shall not be forwarded to the Planning
Commission for public hearing or consideration.
F. Preliminary Determination. Following the public hearing and within 14 calendar
days, the HPO shall issue their preliminary determination of approval, denial or
approval with conditions. The preliminary determination shall identify the
boundaries of the nominated resource, its significant features, and any other
description of the historic resource deemed appropriate. The HPO shall notify the
applicant, property owner and interested parties of record of the preliminary
determination.
2.48.060
Designation procedure.
A. Transmission to City Council. The HPO shall transmit their preliminary
determination of designation and any testimony received at the Planning
Commission’s public hearing to the City Council. Upon receipt, the City Council shall
render final determination of whether the landmark shall be designated.
B. Required Statutory Findings. Prior to making a final decision, the City Council
shall make written findings that:
1. Whether historic resource meets the applicable designation criteria set forth
in this chapter; and
2. The historic resource is at least forty (40) years old at the time of designation;
and
3. If the designation would restrict the use, alteration, or demolition of the
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property, the written consent of the property owner has been obtained.
If the City approves or amends a landmark designation, the provisions of this
chapter shall apply as approved or amended. A copy of the Planning and
Public Works Department’s designation report or designation amendment
shall be filed with the appropriate City office together with a legal description
of the designated resource and notification that the provisions of this chapter
apply. If the City terminates the designation of an historic resource, the
provisions of this chapter shall no longer apply to said historic resource.
C. Statutory exemptions.
1. Historic districts. The age and owner consent requirements of subsection
(D)(2) and (D)(3) of this section do not apply to properties located within a
historic district established through a local preservation ordinance.
2. Aged properties. The age and owner consent requirements of subsection
(D)(2) and (D)(3) of this section do not apply if the nominator provides written
documentation demonstrating that the property is more than one hundred
twenty-five (125) years old and the City makes a written determination that
the property is in fact more than 125 years old.
D. Prohibition on designation. The Planning and Public Works Department shall not
recommend, and the City Council shall not approve, the designation of a historic
resource as a landmark or community landmark if the requirements of subsection
(B) of this section are not satisfied.
E. Effect of noncompliance. Any designation made in violation of the age or owner
consent requirements of this section is void and of no force or effect.
F. If the City terminates the designation of an historic resource, the provisions of this
chapter shall no longer apply to said historic resource.
2.48.070
Certificate of appropriateness procedure.
A. At any time after a designation report and notice have been filed with the City
Manager and for a period of six months after notice of a preliminary determination
of significance has been mailed to the owner and filed with the City Manager, a
certificate of appropriateness must be obtained from PPW the Planning and Public
Works Department before any alterations may be made to the significant features of
the landmark identified in the preliminary determination report or thereafter in the
designation report. The designation report shall supersede the preliminary
determination report. This requirement shall apply whether or not the proposed
alteration also requires a building or other permit.
B. Ordinary repairs and maintenance which do not alter the appearance of a
significant feature and do not utilize substitute materials do not require a certificate
of appropriateness. Repairs to or replacement of utility systems do not require a
certificate of appropriateness; provided, that such work does not alter a significant
exterior feature.
C. There shall be three types of certificates of appropriateness, as follows:
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1. Type I, for restorations and major repairs which utilize in-kind materials.
2. Type II, for alterations in appearance, replacement of historic materials and
new construction.
3. Type III, for demolition, moving and excavation of archaeological sites.
D. The Historic Preservation Officer HPO may approve Type I certificates of
appropriateness administratively without public hearing, subject to procedures
adopted by PPW the Planning and Public Works Department. Alternatively the
Historic Preservation Officer HPO may refer applications for Type I certificates of
appropriateness to PPW the Planning and Public Works Department for decision.
E. Type II and III certificates of appropriateness shall be decided by PPW the
Planning and Public Works Department and the following general procedures shall
apply to such PPW Planning and Public Works Department actions:
1. Application for a certificate of appropriateness shall be made by filling out an
application for such certificate with the HPO Historic Preservation Officer on
forms provided by PPW the Planning and Public Works Department.
2. If an application is made to the City Manager or designee for a permit for any
action which affects a landmark, the City Manager shall promptly refer such
application to the Historic Preservation Officer and such application shall be
deemed an application for a certificate of appropriateness. The City Manager or
designee may continue to process such permit application, but shall not issue
any such permit until the time has expired for filing with the City Manager the
notice of denial of a certificate of appropriateness or a certificate of
appropriateness has been issued pursuant to this chapter.
2.3. After PPW the Planning and Public Works Department has commenced
proceedings for the consideration of any application for a certificate of
appropriateness by giving notice of a hearing pursuant to LMC 2.48.050(C), no
other application for the same or similar alteration may be made until such
proceedings and all administrative appeals therefrom pursuant to this chapter
have been concluded.
4. Within 45 calendar days after the filing of an application for a certificate of
appropriateness with PPW the Planning and Public Works Department or the
referral of an application to PPW the Planning and Public Works Department by
the City Manager, except those decided administratively by the HPO Historic
Preservation Officer pursuant to subsection D of this section, the Planning
Commission Planning and Public Works Department shall hold a public hearing
thereon on behalf of PPW. The Historic Preservation Officer HPO shall mail
notice of the hearing to owner, the applicant, and parties of record at the
designation proceedings, not less than 10 calendar days before the date of the
hearing.
No hearing shall be required if PPW the Planning and Public Works Department,
the owner and the applicant agree in writing to a stipulated certificate approving
the requested alterations thereof. This agreement shall be ratified by PPW the
Planning and Public Works Department in a public meeting and reflected in the
meeting minutes. If PPW the Planning and Public Works Department grants a
certificate of appropriateness, such certificate shall be issued within 10 calendar
days. forthwith and the Historic Preservation Officer shall promptly file a copy of
such certificate with the City Manager.
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5. If PPW the Planning and Public Works Department denies the application for
a certificate of appropriateness, in whole or in part, it shall so notify the applicant,
the owner, and interested persons of record setting forth the reasons why
approval of the application is not warranted within 10 calendar days.
6. PPW the Planning and Public Works Department shall adopt such other
supplementary procedures consistent with the City Code as it determines are
necessary to carry out the intent of this section.
2.48.080
Evaluation of economic impact.
A. At the public hearing on any application for a Type II or Type III certificate of
appropriateness, or Type I if referred to PPW the Planning and Public Works
Department by the HPO Historic Preservation Officer, PPW the Planning and Public
Works Department shall, when requested by the property owner, consider evidence
of the economic impact on the owner of the denial or partial denial of a certificate. In
no case may a certificate be denied, in whole or in part, when it is established that
the denial or partial denial will, when available incentives are utilized, deprive the
owner of a reasonable economic use of the landmark and there is no viable and
reasonable alternative which would have less impact on the features of significance
specified in the preliminary determination section of the designation report.
B. To prove the existence of a condition of unreasonable economic return, the
applicant must establish, and PPW the Planning and Public Works Department
must find, both of the following:
1. The landmark is incapable of earning a reasonable economic return without
making the alterations proposed. This finding shall be made by considering, and
the applicant shall submit to PPW the Planning and Public Works Department
evidence establishing, each of the following factors:
a. The current level of economic return on the landmark as considered in
relation to the following:
i. The amount paid for the landmark, the date of purchase, and party
from whom purchased, including a description of the relationship, if any,
between the owner and the person from whom the landmark was
purchased;
ii. The annual gross and net income, if any, from the landmark for the
previous five years; itemized operating and maintenance expenses for
the previous five years; and depreciation deduction and annual cash flow
before and after debt service, if any, during the same period;
iii. The remaining balance on any mortgage or other financing secured
by the landmark and annual debt service, if any, during the prior five
years;
iv. Real estate taxes for the previous four years and assessed value of the
landmark according to the two most recent valuations;
v. All appraisals obtained within the previous three years by the owner in
connection with the purchase, financing or ownership of the landmark;
vi. The fair market value of the landmark immediately prior to its
designation and the fair market value of the landmark (in its protected
status as a designated landmark) at the time the application is filed;
vii. Form of ownership or operation of the landmark, whether sole
proprietorship, for profit or not-for-profit corporation, limited partnership,
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joint venture, or both;
viii. Any state or federal income tax returns on or relating to the
landmark for the past two years.
b. The landmark is not marketable or able to be sold when listed for sale or
lease. The sale price asked, and offers received, if any, within the previous two
years, including testimony and relevant documents, shall be submitted by
the property owner. The following also shall be considered:
i. Any real estate broker or firm engaged to sell or lease the landmark;
ii. Reasonableness of the price or lease sought by the owner;
iii. Any advertisements placed for the sale or lease of the landmark.
c. The unfeasibility of alternative uses that can earn a reasonable economic
return for the landmark as considered in relation to the following:
i. A report from a licensed engineer or architect (each with experience in
historic restoration or rehabilitation) as to the structural soundness of the
landmark and its suitability for restoration or rehabilitation;
ii. Estimates of the proposed cost of the proposed alteration and an
estimate of any additional cost that would be incurred to comply with
the recommendation and decision of the Planning and Public Works
Department concerning the appropriateness of the proposed alteration;
iii. Estimated market value of the landmark in the current condition
after completion of the proposed alteration; and, in the case of proposed
demolition, after renovation of the landmark for continued use;
iv. In the case of proposed demolition, the testimony of an architect,
developer, real estate consultant, appraiser or other real estate
professional experienced in historic restoration or rehabilitation as to the
economic feasibility of rehabilitation or reuse of the existing landmark;
v. The infeasibility of new construction around, above, or below the
historic resource.
d. Potential economic incentives and/or funding available to the owner
through federal, state, county, City or private programs.
2. The owner has the present intent and the secured financial ability,
demonstrated by appropriate documentary evidence, to complete the alteration.
C. Notwithstanding the foregoing enumerated factors, the property owner may
demonstrate other appropriate factors applicable to economic return.
D. Upon reasonable notice to the owner, and subject to the availability of funds
budgeted for that purpose and approval of the expenditure by the City Council, PPW
the Planning and Public Works Department may appoint and hire an expert or
experts to provide advice and/or testimony concerning the value of the landmark,
the availability of incentives and the economic impacts of approval, the potential for
public acquisition, denial or partial denial of a certificate of appropriateness.
E. Any adverse economic impact caused intentionally or by willful neglect shall not
constitute a basis for granting a certificate of appropriateness.
2.48.090
Appeal procedure.
A. Any person aggrieved by a decision of PPW the Planning and Public Works
Department or of the HPO Historic Preservation Officer relative to a certificate of
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appropriateness may, within 14 calendar days of mailing of notice of such decision,
appeal such decision in writing to the Hearing Examiner. The written notice of
appeal shall be filed with the City Clerk, and shall be accompanied by a statement
setting forth the grounds of the appeal, supporting documents and argument, and
an appeal fee in accordance with the City’s fee schedule as set forth in LMC 3.20.010.
B. If after examination of the written appeal and the record, the Hearing Examiner
determines that an error in fact exists in the record, it may remand the proceeding
to PPW the Planning and Public Works Department or HPO Historic Preservation
Officer for reconsideration. Otherwise, it shall accept the facts as determined by
PPW the Planning and Public Works Department or HPO Historic Preservation
Officer. If the Hearing Examiner determines that the decision of PPW the Planning
and Public Works Department or HPO Historic Preservation Officer is based on an
error in the application of City Code provisions, it may modify or reverse the decision.
C. The Hearing Examiner’s decision shall be based solely upon the closed record;
provided, that the Hearing Examiner may at his/her discretion permit the appellant
and PPW the Planning and Public Works Department or HPO Historic Preservation
Officer, or their representatives, to submit arguments and statements explaining
their positions, either in writing or orally at a public hearing held for the purpose, or
both.
D. A final action under this chapter shall be final unless within 21 calendar days from
the date of the action an aggrieved person seeks review by a court of competent
jurisdiction.
2.48.110
Penalties for violating this chapter.
A. The performance of alterations, replacement, demolitions, repairs, moving or
excavation of a landmark without a required certificate of appropriateness shall be
designated as an infraction.
B. Any person cited for violation of this chapter, shall be subject to a penalty
amount not to exceed $500.00 per day. Each day for which a violation or failure to
comply occurs may constitute a separate offense; provided, however, that no penalty
shall be imposed for any violation or failure to comply which occurs during the
pendency of legal proceedings filing in any court challenging the validity of the
provision or provisions of this chapter as to which such violation or failure to comply
is charged.
C. Infraction under this chapter may be issued by a holder of a limited commission
under LMC 2.14.110 and 2.14.120.
D. All violations of this chapter are detrimental to the public health, safety and
welfare and are public nuisances. All conditions that are determined after review by
the City to be in violation of this chapter are subject to abatement.
2.48.120
Special valuation for historic properties.
A. There is hereby established and implemented a special valuation for historic
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properties as provided in Chapter 221, 1986 Laws of Washington, and Chapter 84.26
RCW.
B. The Lakewood Planning and Public Works Department PPW is hereby
designated as the “Local Review Board” for the purposes related to Chapter 221, 1986
Laws of Washington, and is authorized to perform all functions required by Chapter
221, 1986 Laws of Washington, Chapter 84.26 RCW, and Chapter 254-20 WAC.
C. All Lakewood landmarks designated and protected under authority of City
ordinance shall be eligible for special valuation as set forth in Chapter 221, 1986 Laws
of Washington, and Chapter 84.26 RCW. Community landmarks are not eligible for
special valuation.
2.48.130
Severability.
A. If any provisions of this chapter or its application to any person or circumstance is
held invalid, the remainder of the chapter or the application of the provision to other
persons or circumstances is not affected.
2.48.140
Retroactive approval of acts.
Actions undertaken by the Landmarks and Heritage Advisory Board before the
effective date of the ordinance codified in this chapter are hereby ratified.
TITLE 17 - SUBDIVISIONS
LMC Chapter 17.25 (NEW) — Administrative Lot Split
▤ Amendment: 2026-01

This amendment introduces Chapter LMC 17.25 to regulate “administrative lot splits”
that Lakewood must allow per E2SHB 1096. No underlining/strikeout is included in
the amendment since it is an entirely new code chapter.

Sections:
17.25.010
17.25.020
17.25.030
17.25.040
17.25.050
17.25.060
17.25.070

Chapter 17.25
ADMINISTRATIVE LOT SPLIT
Purpose.
Applicability.
General requirements.
Application procedure.
Approval criteria.
Recording.
Conflicts.

17.25.010
Purpose.
The purpose of this chapter is to establish an administrative lot split process for
residentially zoned property consistent with RCWs 58.17.145 36.70A.635 and
36.70B.110. This chapter authorizes the division of one existing, legally established
residential lot into a maximum of two lots, provided each resulting complies with
applicable zoning, access, environmental, frontage, utility, and other applicable
development standards.

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It is the intent of this chapter to provide a clear, objective, and non-discretionary
review process that does not require a public notice or public hearing. This
administrative review process is intended to increase housing opportunities while
ensuring newly created lots remain safe, buildable, and adequately served by
infrastructure and public services.
17.25.020
Applicability.
A. The provisions of this chapter apply exclusively to properties located within
zoning districts where residential uses are allowed.
B. An administrative lot split may divide one existing residential lot into no more
than two total lots, including the parent lot.
C. Administrative lot splits shall be processed in accordance with this chapter and
shall not be subject to the procedures for short plats or subdivisions unless
otherwise required by state law.
D. Both the parent lot and the newly created lot shall be required to meet the
applicable development standards of the zoning district in which they are
located.
E. Administrative lot splits shall be processed in accordance with this chapter
and shall not be subject to the procedures for short plats or subdivisions unless
otherwise required by state law.
17.25.030
General requirements.
A. Parent and unit lots are subject to all applicable requirements of LMC Titles 12
(Public Works), 13 (Public Utilities) 14 (Environmental Protection), 15 (Buildings
and Construction), 16 (Shoreline Protection), 17 (Subdivisions), 18A (Land Use and
Development Code), 18B (Downtown Development Code), and 18C (Station
District Development Code), except as modified by this section.
B. Development on both the parent lot and the newly created lot shall conform
to applicable minimum lot area, parking, density, design, frontage, and
dimensional requirements of the underlying zoning district. The parent lot must
be brought into compliance with these standards as a condition of the lot split.
D. Required parking for a dwelling unit may be located on either the parent lot
or the newly created lot, provided that shared use of the parking is secured by a
recorded easement.
E. Ingress, egress, emergency services, and utilities must be provided by
recorded easements in accordance with applicable sections of the LMC. All
shared access, utility joint use agreements, and maintenance agreements shall
be recorded. All required easements shall be clearly shown on the recorded lot
split survey prior to application approval by the city.
17.25.040
Application procedure.
Applicants shall submit in accordance with the procedures outlined in Chapter
18A.20 LMC. The Director may allow concurrent review of this application and the
associated building permit(s) to streamline the review process.
In addition to the application requirements set forth in Chapter 18A.20 LMC, the
submitted survey consistent with standards in RCWs 18.43, 58.09 and recording
requirements with the Pierce County Auditor. The face of the survey shall
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include the following conditions: meet the following standards:
A. "This lot split survey was approved by the City of Lakewood on [date], File No.
[___].
B. "Future lot splits of the lots shown hereon are prohibited pursuant to RCW
58.17.145(2)(i) and (10)."
C. "Access and utility easements necessary to serve the maximum number of
dwelling units permitted on Lot B are shown hereon and were conveyed of
record prior to recording of this survey, as required by RCW 58.17.145(2)(g). Said
easement rights may be modified through subsequent permit approval
consistent with City of Lakewood development regulations."
D. "Development of the lots shown hereon is subject to all applicable City of
Lakewood development regulations in effect at the time of complete application.
Approval of this lot split does not constitute approval of other related permits."
E. "Lot dimensions, setbacks, impervious surface limits, and building coverage
standards applicable to each lot are governed by the underlying zoning district in
effect at the time of complete application.
F. If right-of-way dedication is required by LMC Title 12, this must also be recorded
on the survey "Right-of-way dedication required as a condition of this lot split
approval is shown hereon and dedicated to the City of Lakewood for public use,
pursuant to RCW 58.17.145(2)."
G. Consistent with RCW 58.17.145(2)€, if rental displacement is triggered by the
proposed lot split, this must also be recorded on the survey, "Displacement
mitigation required as a condition of this approval.”
H. A vicinity map drawn to a scale of four inches equals one mile or other
approved scale of sufficient detail to orient the location of the original tract.
I. Name and address of the owner of record of the “original tract,” scale of the
drawing, and north directional arrow.
J. All lots shall be identified by numerical designation. The dimensions of each lot
shall be shown.
K. Width and location of access to both lots.
L. The location and use of all existing buildings on the original tract.
M. Space shall be reserved the Planning and Public Works Director or designee
approval signature.
17.25.050
Approval criteria.
An administrative lot split shall be approved only if all of the following are met:
A. The parent lot is located within a zoning district that allows residential uses.
B. Both the parent lot and newly created lot meets the minimum lot size
required by the underlying zoning.
C. Each resulting lot is legally buildable and capable of development in
compliance with all applicable City development regulations, including but
not limited to critical areas, shoreline regulations, stormwater, setbacks, lot
coverage, and impervious surface limits.

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D. The split does not reduce the total number of dwelling units permitted on the
parent lot under existing zoning.
E. The newly created lot complies with any applicable minimum density
requirements under the existing zoning.
F. Water and sewer service is available to each lot, as demonstrated by written
confirmation from the applicable service providers.
G. Legal access and utility service necessary to serve each lot are provided by
recorded easements or other legal instruments prior to recording of the lot
split.
H. Where the proposal would displace existing renters, the applicant shall
submit a displacement mitigation plan. If no displacement will occur, the
applicant shall provide written certification.
I.

A survey prepared by a Washington state licensed land surveyor in
accordance with RCW 18.43 and RCW 58.09 is submitted, approved, and
recorded, and includes all required notes and easements.

The Department Director may also require additional conditions of approval such as
right-of-way dedication and frontage improvement in accordance with LMC Title 12.
17.25.060
Recording procedure.
A. No lot split shall be recorded with the Pierce County Auditor until City application
approval and survey signature.
B. All easements required as conditions of approval shall be recorded with the Pierce
County Auditor prior to or concurrent with recording of the lot split survey.
C. A copy of the final survey and applicable easement recordings shall be submitted
to the City within 20 calendar days or the recording.
D. The lot split is not effective and no building permit for the newly created lot may
be issued until the recordings have been provided to the City.
17.25.070
Conflicts.
As a Type I decision, any conflicts between administrative lot split provisions of this
chapter and other sections of this code shall be shall be subject to Director’s
Interpretation.
TITLE 18A - LAND USE AND DEVELOPMENT CODE
LMC 18A.10.120 - Establishment of zoning districts.
▤ Amendment: 2026-14

Lakewood currently has two open space and recreation (OSR) land use zones, OSR1
and OSR 2. Currently, all city parks are zoned OSR1 except for Primley, Ponders, and
Springbrook Parks.
This amendment replaces the OSR1 and OSR2 zones with a single OSR zone,
eliminating problems regarding establishing and maintaining parks that have
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occurred under current zoning distinctions.
18A.10.120 Establishment of zoning districts.
***
B. Each zoning district and the abbreviated designation suffix are listed below. See
subsections C and D of this section and Chapter 18A.40 LMC for more details about
each zoning district.
Residential Zoning Districts
Name

Symbol

Residential 1

R1

Residential 2

R2

Residential 3

R3

Residential 4

R4

Mixed Residential Zoning Districts
Name

Symbol

Mixed Residential 1

MR1

Mixed Residential 2

MR2

Multifamily Zoning Districts
Name

Symbol

Multifamily 1

MF1

Multifamily 2

MF2

Multifamily 3

MF3

Neighborhood Business Zoning Districts
Name

Symbol

Arterial Residential/Commercial

ARC

Neighborhood Commercial 1

NC1

Neighborhood Commercial 2

NC2

Commercial Zoning Districts
Name

Symbol

Transit-Oriented Commercial

TOC

Central Business District

CBD

Commercial 1

C1

Commercial 2

C2

Commercial 3

C3

Industrial Zoning Districts
Name

Symbol

Industrial Business Park

IBP

Industrial 1

I1

Industrial 2

I2

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Residential Zoning Districts
Name

Symbol

Military-Related Zoning Districts
Name

Symbol

Military Lands

ML

Air Corridor 1

AC1

Air Corridor 2

AC2

Clear Zone

CZ

Public/Institutional Zoning District
Name

Symbol

Public/Institutional Zoning District

PI

Open Space/Recreation Zoning Districts
Name

Symbol

Open Space and Recreation 1

OSR1

Open Space and Recreation 2

OSR2

C. Relationship Between Comprehensive Plan Future Land Use Map Designations and
Zoning Districts.
Land Use Designation

Land Use Zoning District
Clear Zone (CZ)
Air Corridor 1 (AC1)

Air Corridor 1 (AC1)

Air Corridor 2 (AC2)
Clear Zone (CZ)
Air Corridor 1 (AC1)

Air Corridor 2 (AC2)

Air Corridor 2 (AC2)

Arterial Corridor (ARC)

Arterial Residential/Commercial (ARC)
Transit-Oriented Commercial (TOC) only within
Lakewood Station District
Commercial 1 (C1)
Commercial 2 (C2)

Corridor Commercial (CC)

Commercial 3 (C3)

Downtown

Central Business District (CBD)
Multifamily 2 (MF2)

High-Density Multifamily (HD)

Multifamily 3 (MF3)
Industrial Business Park (IBP)
Industrial 1 (I1)

Industrial (I)

Industrial 2 (I2)

Public and Semi-Public Institutional (PI)

Public Institutional (PI)

Multifamily (MF)

Multifamily 1 (MF1)

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Land Use Designation

Land Use Zoning District

Military Lands (ML)

Military Lands (ML)
Mixed Residential 1 (MR1)

Mixed Residential (MR)

Mixed Residential 2 (MR2)
Neighborhood Commercial 1 (NC1)

Neighborhood Business District (NBD)

Neighborhood Commercial 2 (NC2)
Open Space and Recreation 1 (OSR1)

Open Space and Recreation (OSR)

Open Space and Recreation 2 (OSR2)
Residential 1 (R1)
Residential 2 (R2)
Residential 3 (R3)

Residential (R)

Residential 4 (R4)

D. Purpose and Applicability of Zoning Districts.
***
9. Open Space/Recreation Zoning Districts.
a. Purpose. The Open Space and Recreation 1 (OSR1) and Open Space and
Recreation 2 (OSR2) zoning districts provides for open space and public or
semi-public recreational activities throughout the City.
b. Applicability. The OSR1 and OSR2 zoning districts are is applicable to
lands designated as Open Space and Recreation (OSR) in the comprehensive
plan.
Unless otherwise shown on the official zoning map, all open bodies of water,
including, but not limited to, American Lake, Lake Steilacoom, Gravelly Lake,
Lake Louise, Waughop Lake, Wards Lake, Seeley Lake, Boyles Lake, Carp
Lake, Lost Lake, Mud Lake and Barlow Pond, shall be zoned considered to be
within the OSR1 zoning district.
In addition, the OSR1 and OSR2 zoning districts are is considered compatible with,
and may be applied to, areas within all other comprehensive plan land use
designations. The OSR1 zoning district zoning district may be applied to publicly or
privately owned or controlled property used for natural open space and passive
recreation,. The OSR2 zoning district may be applied to privately and publicly owned
active recreational uses, and cemeteries.
LMC 18A.10.180 - Definitions
▤ Amendments: 2026-01 | 2026-02 | 2026-03 l 2026-06 ⚠ OVERLAP FLAG: Multiple
amendments modify this section.
l 2026-18

Five amendments propose to add definitions to this section. Each definition is
tagged with its driving amendment.
18A.10.180 Definitions.
***
"Administrative Lot Split" means the division of an existing residential lot into two
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separately owned lots processed administratively under the procedures established
in LMC 17.25 and RCW 58.17. [2026-01]
***
“Boarder” means a patron of a boarding house or rooming house who is provided
meals, with or without lodging, for compensation. [2026-18]
“Boarding house” means a dwelling or part of a dwelling where lodging is
furnished for compensation to three (3) or more persons living independently
from each other. Meals may also be included.[2026-18]
***
“Existing building” means a building that received a certificate of occupancy at least
three (3) years prior to the permit application to add housing units.[2026-02, 2026-06]
“Existing Building” for purposes of residential conversions subject to RCW 35A.21.440,
means a building that received a certificate of occupancy, or for residential
structures, a final building inspection approval on an issued permit, at three years
prior to the date of the permit application to add housing units.
This definition applies solely for new housing in existing buildings associated with
RCW 35.A.21.440 and does not modify the meaning of “existing building” or “existing
structure” as used elsewhere in this title or Title 15. [2026-02, 2026-06]
***
“Gross Floor Area” means the total horizontal area of all floors of the building,
measures from the interior finished surface of exterior walls, including all enclosed
spaces used or intended for use by occupants including but not limited to
mezzanines and basements.
Gross floor area shall exclude unenclosed areas (e.g, balconies, breezeways, porches
exterior walkways, areas used exclusive for parking, loading or circulation,
mechanical and service spaces and areas less than five feet in height.[2026-02, 2026-06]
***
"Self-Certified ADU" means a detached accessory dwelling unit for which the
building permit application has been submitted under the City’s self-certification
program, and for which a Washington-registered architect has certified that the unit
complies with all applicable building codes. [2026-03]
***
LMC 18A.20.080 - Review and Approval Authorities
▤ Amendment: 2026-01

This amendment adds “administrative lot splits” to the section’s table for consistency
with how other application types’ review and appeal authorities are regulated in the
LMC.

Application Type

Review and
Approval
Authority

Type Type
I
II

Type
III

Type
IV

Type
V

Planning (LMC Titles 17, 18A, 18B and 18C)
Administrative Conditional Use

PPW

Administrative Lot Split

PPW

X
X

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Application Type

Review and
Approval
Authority

Type Type
I
II

Type
III

Type
IV

Type
V

Administrative Nonconforming Determination

D

X

Preliminary Binding Site Plan

PPW

X

Binding Site Plan Major Modification

PPW

X

Binding Site Plan Minor Modification

PPW

X

Boundary Line Adjustment

PPW

X

Comprehensive Map Amendment, Area-Wide

PC/CC

X

Comprehensive Map Amendment, Site-Specific

PC/CC

X

Conditional Use

HE

Cottage Housing

PPW

Design Review

PPW

Development Agreement

CC

Director’s Interpretation

D

X

Emergency Housing

PPW

X

Emergency Shelter

PPW

X

Essential Public Facilities

HE

Final Subdivision Plat
(10 lots or more)

PPW

X

Final Short Plat (unit lot and binding site plan)

PPW

X

Foster Care Facility

PPW

X

Home Occupation

PPW

X

Land Use Variance (less than 15% deviation to
standards)

PPW

X

Land Use Variance (greater than15%, less than 25%
deviation to standards)

PPW

Land Use Variance (greater than 25% deviation to
standards)

HE

Permanent Supportive Housing

PPW

Planned Development District

HE

X

Plat Alteration

HE

X

Preliminary Plat
(10 lots or more)

HE

X

Preliminary Plat Major Modification

HE

X

Preliminary Plat Minor Modification

PPW

X

Preliminary Short Plat (9 lots or less)

PPW

X

Preliminary Short Plat Major Modification

PPW

X

Preliminary Short Plat Minor Modification

PPW

Public Facilities Master Plan

HE

X

Public Facilities Master Plan Major Modification

HE

X

X
X
X
X

X

X
X
X

X

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Review and
Approval
Authority

Application Type

Type Type
I
II

Type
III

Type
IV

Type
V

Public Facilities Master Plan Minor Modification

PPW

X

Rezone, Area-Wide

PC/CC

X

Rezone, Site-Specific

PC/CC

X

RV Use in Manufactured Home Park

PPW

Short-Term Rental

PPW

Similar Use Determination

D

X

Small Cell Wireless

PPW

X

Temporary Use

PPW

X

Time Extension

PPW

X

Transfer of Development Rights

PPW

X

Transitional Housing

PPW

X

Tree Removal/Emergency Tree Removal

PPW

X

Preliminary Unit Lot Subdivision

PPW

X

Preliminary Unit Lot Subdivision Major Modification PPW

X

X
X

Preliminary Unit Lot Subdivision Minor Modification PPW

X

Zoning Amendment (text only)

CC

X

Zoning Certification

PPW

X

Zoning Interpretations

D

X

***
[Remainder of table unchanged]

LMC 18A.20.228 - Nonconforming Uses
▤ Amendments: 2026-02 | 2026-06

⚠ OVERLAP FLAG: Multiple
amendments modify this section.

Proposed amendments 2026-02 (per HB 1183) and 2026-06 (per HB 1757) both
modify this code section: HB 1183 adds a cross-reference for residential conversion
treatment; HB 1757 modifies nonconforming use standards for the same context.
This amendment consolidates the proposed changes into a single redline.
18A.20.228
Nonconforming uses.
A. Where a lawful structure exists at the effective date of adoption of the ordinance
codified in this title that could not be built under the terms of this title by reason of
restrictions on area, lot coverage, height, yards or other characteristics of the
structure, it may be continued so long as the structure remains otherwise lawful
subject to the following provisions:
1. Whenever a nonconforming use has been abandoned, discontinued, or
changed to a conforming use for a continuous period of twelve (12) months or
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more, the nonconforming use shall not be reestablished, and thereafter the use
of the structure or site wherein it was located shall be in conformity with the
regulations for its zoning district.
See LMC 18A.40.110(B)(15) for provisions governing the addition of residential
units within existing buildings pursuant to state law.[2026-02, 2026-06]
If any nonconforming use ceases for any reason for a period of more than twelve
(12) consecutive months, any subsequent use shall conform to the regulations
specified by this title for the district in which such use is located.
Abandonment or discontinuance shall include cessation of a use regardless of
intent to resume the use.
***
LMC 18A.20.230 - Nonconforming Structures
▤ Amendments: 2026-02 | 2026-06

⚠ OVERLAP FLAG: Multiple
amendments modify this section.

Proposed amendments 2026-02 (per HB 1183) and 2026-06 (per HB 1757) both
modify this section: HB 1183 requires addition of a residential conversion exception to
18A.20.230 (A)(1); HB 1757 required modification of nonconforming use standards for
the same context. This amendment consolidates the two bills’ proposed changes
into a single redline.
18A.20.230
Nonconforming structures.
A. Where a lawful structure exists at the effective date of adoption of the ordinance
codified in this title that could not be built under the terms of this title by reason of
restrictions on area, lot coverage, height, yards or other characteristics of the
structure, it may be continued so long as the structure remains otherwise lawful,
subject to the following provisions:
1. No such structure may be enlarged or altered in a way that increases its
degree of nonconformity. Alterations, additions or enlargements may be allowed
as long as the work done does not extend further into any required yard or
violate any other portion of this title. Complete plans shall be required of all work
contemplated under this section.
Notwithstanding the foregoing, the conversion of an existing building to
residential use shall not be considered an enlargement or alteration that
increases nonconformity, provided that:
a. All new units are constructed entirely within the existing building envelope;
b. The building complies with applicable building, fire, and life-safety codes;
c. Any projections, height exceptions, or setback modifications comply with
LMC 18A.60.090; and
d. For purposes of this exception, “existing building” means a building that
received a certificate of occupancy at least three (3) years prior to the permit
application to add housing units.2026-02, 2026-06]
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2. Work may be done in any period of twelve (12) consecutive months on
ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring
or plumbing to an extent not exceeding twenty-five (25) percent of the current
replacement value of the building. Replacement values shall be determined by
the Director City’s Building Official.
3. Should such structure be destroyed by any means to an extent of more than
fifty (50) percent of its replacement cost at time of destruction, in the judgment
of the Director City’s Building Official, it shall not be reconstructed except in
conformity with provisions of this title.
***
LMC 18A.40.100 - Open Space Use
▤ Amendments: 2026-14

This amendment edits the Open Space Land Use Table at LMC 18A.40.100 to add a
new Open Space and Recreation (OSR) Zone to better reflect current or planned
uses for the City’s open spaces and parks. The two current zones, OSR1 and OSR 2,
would be eliminated. Currently, all city parks and open spaces are zoned OSR1
except for Primley, Ponders, and Springbrook Parks.
18A.40.100 Open space and recreation.
A. Open Space Land Use Table. See LMC 18A.10.120(D) for the purpose and
applicability of zoning districts. See subsection B of this section for operating and
development conditions for uses other than health/fitness facilities. See subsection
C of this section for operating and development conditions for health/fitness
facilities.
Zoning
Zoning
Classifications Classification
Open Space and Recreation Land Uses

OSR 1

OSR 2

OSR

Arboretums and community gardens more than two (2) acres in size. C

P

P

Above-ground and below-ground electrical distribution lines, poles,
and associated facilities and appurtenances with voltages of 55,000
volts and under.

P

P

P

Accessory caretaker’s quarters and accessory structures related
thereto.

P

–

C

Active recreation structures, playgrounds, dog parks, skateparks,
sport courts, amphitheaters, picnic tables and shelters

P

Antennas and satellite dishes for subject to specific standards,
including siting criteria, set forth in Chapter 18A.95 LMC, Wireless
Service Facilities.

P

P

P

Bus shelters.

P

P

P

Cable, fiber optics, traffic control, or telephone transmission lines,
poles, or apparatus, not including antennas, wireless services
facilities, structures, or private antenna and satellite dishes.

P

P

P

Camping or recreational lodging units

C

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Zoning
Zoning
Classifications Classification
Open Space and Recreation Land Uses

OSR 1

OSR 2

Community center (all types).

–

C

P

Constructed wetlands.

P

P

P

Docks and piers mooring facilities as regulated by applicable
shoreline management regulations.

P

P

P

Eating and drinking establishment (Level 1/2) or permanent
concessions building.

P

–

C

Equestrian facilitiesclubs.

C

Facilities used in on-site grounds maintenance.

P

P

Fish hatcheries.

P

–

P

Funeral facilities, funeral chapels, crematories, and monuments such
as preparation and display facilities, funeral chapels, cemeteries,
crematories, subject to state air quality standards and intensity limits –
when situated within the military-related zoning districts, and
affiliated offices.

C

C

“Health/fitness facility,” Commercial

–

P

C

“Health/fitness facility,” Public or Non-Profit

–

P

P

Historical cemeteries.

P

–

P

Hotels and motels associated with a sports complex facility.
Local water distribution systems, wellheads, and pump stations.

OSR

C

C
P

P

Maintenance and storage buildings and outdoor storage, subject to
the provisions of LMC 18A.60.190, outdoor storage and commercial
yard surfacing standards, for maintenance of equipment and goods
utilized in the primary use.

P

Marinas, including those with fuel stations and vessel launches.

C

C

C

Multi-use shared use paths (paved and unpaved) linear trails.

C

C

P

Natural gas distribution lines.

P

P

P

Natural open space and passive recreation.

P

P

Neighborhood-scale active recreation and limited accessory
structures: Parks, playgrounds, arboretums, and community gardens
two (2) acres or less in size; open sports fields two (2) acres or less in
P
size, with no spectator seating; improved trail systems; paved multiuse areas and bridle trails within defined park areas; public
restrooms; playground equipment; and picnic tables and shelters.

–

P

Office and administrative uses related to the operations of park
facilities not to exceed five thousand (5,000) square feet.

P

–

P

On-site soil reclamation treatment in accordance with state
regulations.

P

P

Open sports fields with unenclosed seating for up to four hundred
(400) spectators.

C

P

P

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Zoning
Zoning
Classifications Classification
Open Space and Recreation Land Uses

OSR 1

OSR 2

Parks and playgrounds from two (2) to twenty (20) acres in size.

C

C

Performing arts theaters.

OSR

C

C
C

Pipelines engaged in the transmission of water, petroleum, oil,
natural gas, or other substance, where lines do not serve as local
distribution lines but may serve as a single regional facility.

–

C

Playgrounds over twenty (20) acres in size, open sports fields with
unenclosed seating for more than four hundred (400) spectators,
and regional recreational facilities.

C

C

Protected open space areas in a natural state, together with Llowimpact passive recreational facilities including single-track hiking
trails, beaches, viewing areas, interpretive signage, and public
artfences.

P

P

P

Public and private golf courses and associated driving ranges.

C

C

C

C

C

Public and private outdoor recreational facilities.
Regional cable, fiber optics, traffic control, or telephone transmission
lines, poles, or apparatus, not including antennas or wireless service
facilities.

–

P

C

Retaining walls, freestanding walls, and fences.

P

P

P

Restrooms, parking, and support facilities for day use

P

Senior center.

C

Sewage collection facilities including distribution lines, such as
wastewater transfer facilities, odor control structures, pump stations
and lift stations.

P

P

P

Sports complex engaged in the provision of physical sports,
entertainment, or recreational services to the general public or
members, which may or may not includinge associated eating and
drinking establishments, and without alcohol sales.

–

C

C

Maintenance and storage buildings and outdoor storage, subject to
the provisions of LMC 18A.60.190, outdoor storage and commercial
yard surfacing standards, for maintenance of equipment and goods
utilized in the primary use.

P

P

P

Storm water collection pond and local conveyance systems and
facilities.

P

P

P

Storm water pond facilities that are also developed to allow uses
such as parks, or for recreational purposes.

P

P

Swimming pools for community or regional use.

C

P

C

Water storage facilities.

P

P

P

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LMC 18A.40.110 - Residential Uses
▤ Amendments: 2026-02 | 2026-03 l 2026-06 l 2026-18 ⚠ OVERLAP FLAG: Multiple

amendments modify this section.

Four proposed amendments would change LMC 18A.40.110. 2026-02 and 2026-06
change subsection (B)(15) regarding existing buildings for residential use; if adopted,
2026-03 would add a new subsection at (B)(1)(o) regarding ADU self-certification;
2026-18 changes the table at section A and deletes LMC 18A.40.110 (B)(2).
NOTE: Reason for PPW’s NO RECOMMENDATION for 2026-03
PPW provides no recommendation for amendment 2026-03. The issue of voluntarily
adopting a self-certification of accessory dwelling units (ADUs) is a policy decision for
the City Council. Under HB 1353’s provisions, when a permit application has been
self-certified as required by the program and after the City determines the
application to be complete, the City may deem the application to be in compliance
with applicable code requirements as well as with local building, electric, plumbing,
mechanical, and fire code requirements.
The ADU self-certification process opens the potential for life safety liability for the
City if the ADU fails code requirements over time. In addition, the required resources
for establishing, administering, and tracking a self-certification program would put
undue burden on the City when compared to the number of ADUs that might be
submitted under it. Two ADU permits have been issued in Lakewood between
January 1, 2025 and April 28, 2026.
18A.40.110
Residential uses.
A. Residential Land Use Table. See subsections B, C, and D of this section for
development and operating conditions. See LMC 18A.10.120(D) for the purpose and
applicability of zoning districts.
Zoning Classifications
Residential
R1 R2 R3 R4 MR1 MR2 MF1 MF2 MF3 ARC NC1 NC2 TOC CBD C1 C2 C3 IBP I1 I2 PI
Land Uses
Boarding
house
(B)(2)

C

C

C

C

C

C

–

–

–

–

–

–

–

–

–

–

–

–

– –

[Remainder of table unchanged][2026-18]
LMC 18A.40.110 (B) Operating and Development Conditions.
***
1. Accessory dwelling units (ADUs) are permitted when added to, created within,
or detached from a principal dwelling unit subject to the following restrictions:
***
o. Self-Certification Program for Detached ADUs.
a. Purpose. The purpose of this section is to implement RCW 36.70A.683 by
providing an optional self-certification program for detached ADU permit
applications to streamline permit review while maintaining compliance
with applicable codes.
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b. Applicability. This program applies to any detached ADU located on a lot
with a primary residential dwelling that otherwise complies with Lakewood
Municipal Codes.
c. Eligibility. Only architects registered under chapter 18.08 RCW who meet
any additional City qualifications may self-certify ADU permit applications.
d. Program Requirements
i. Self-Certification Form
The City shall adopt a standardized form requiring:
A. Architect attestation that the ADU complies with all applicable
building codes.
B. Owner acknowledgement that the ADU will be constructed as
certified and that any deficiencies discovered will be corrected at
the owner’s expense.
C. Indemnification of the City from any claims arising from the ADU
constriction or certification.
ii. Audits
The City shall randomly audit at least 20 percent of self-certified ADU
application annually or a minimum of five applications, whichever is
fewer.
iii. Penalties
Architects failing audits may be suspended from program
participation for at least one year. Architects who fail two audits
within five years may be permanently barred from the program.
iv. Insurance
Participating architects shall maintain professional liability insurance
as determined by the City.
e. Permit Processing
i. Application submitted under this program shall be reviewed
administratively to confirm completeness and supporting
documentation.
ii. If administratively complete, the permit shall be approved without
further building code review.
iii.The permit shall have the same legal effect as a standard building
permit issued following full review.
f. Reporting
i. The city shall report any penalties or suspensions to the Department
of Commerce.
ii. The City shall annually report program metrics to the Department of
Commerce, including total self-certified applications, audits results, and
average review times.[2026-03]
2. Standards – Boarding House.
a. Parking Requirements. At a minimum, there must be one (1) offstreet parking stall per occupant, or three-quarters (3/4) space per room if
the lot is within one-quarter (1/4) mile of a commuter rail or bus rapid transit
stop. An owner may reduce the off-street parking requirement if an affidavit
is signed that an occupant does not own a vehicle.
b. Solid Waste Management Regulations.
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i. All occupied units shall have minimum garbage service as prescribed by
the City pursuant to LMC Title 13.
ii. The owner is responsible to provide each occupant with the solid waste
collection schedule and that schedule is to be posted within the unit as
approved by the City.
c. International Property Maintenance Code. Pursuant to LMC Title 15,
International Property Maintenance Code occupancy requirements are
applicable to a boarding house regardless of the number of individuals living
in the residence.
d. Amortization Schedule. Existing boarding houses have until December 31,
2015, to become compliant with the regulations outlined in this title
and LMC Title 5 as it pertains to boarding houses.
e. Additional Standards. The following additional standards are required to be
met for any boarding house housing over four (4) unrelated individuals
excluding Types 1, 2, 3, 4, and 5 group homes in LMC 18A.10.040; hotels and
motels as defined in LMC 18A.40.040; and excluding state-licensed foster
homes, in addition to the criteria for a conditional use permit under
Chapter 18A.30 LMC, Article II:
i. Adequate living space based on the International Residential Code
standards will be taken into account when a request for more than four (4)
unrelated individuals is requested.
ii. A designated property manager that is available twenty-four (24) hours
a day, seven (7) days a week, is required.
iii. The request for more than four (4) unrelated individuals will not
adversely impact the surrounding community.
iv. General Business License Required. A boarding house falling under this
subsection is deemed a business activity and is subject to the
requirements of Chapter 5.02 LMC.
v. The applicant must adhere to the provisions of the City’s noise control
regulations found in Chapter 8.36 LMC.[2026-18]
***
15. Use of “existing buildings,” as defined in LMC 18A.10.180, for residential
purposes in commercial, mixed-use, and residential zones:
a. The addition of housing units at a density up to fifty (50) percent more
than what is allowed in the underlying zone may be permitted if constructed
entirely within an existing building envelope; provided, that generally
applicable health and safety standards, including but not limited to building
code standards and fire and life safety standards, can be met within the
building;
Conversion of an existing building to residential use may exceed the
maximum density permitted by the underlying zoning district up to 50
percent provided the development is located entirely within the existing
building envelope per RCW 35A.21.440(2)(a). The number of dwelling units
shall comply with applicable building, fire and life/safety requirements.
Nothing in this subsection authorizes a reduction in standards required for
public safety or accessibility.
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Nothing in this section allows existing buildings to be converted fully or
partially to residential uses within the Air Corridor 1 (AC1), Air Corridor 2 (AC2),
or Clear Zone (CZ) land use zones.
b. Sufficient existing parking must be retained to satisfy the number
required for existing residential units and nonresidential uses that remain
after the new residential units are added;
c. If an existing building is a designated landmark or is within a historic
district established through a local preservation ordinance, applicable
exterior design or architectural requirements beyond those necessary for
health and safety of the use of the interior of the building or to preserve
character-defining streetscapes will be enforced on the residential use in the
building;
d. Design Standards Applicability-Existing Building Conversations. For
residential units added within an existing building pursuant to RCW
35A.21.440, the City shall not impose exterior design or architectural
requirements beyond those:
i.
Necessary for health and safety of the use of the interior of the
building;
ii.
Necessary for streetscape improvements and ADA accessibility; or
iii.
Required due to the building is designated a landmark or located
within a historic district established by federal, state or local laws.
Generally applicable residential design standards for the zoning district may
be applied only to the extent consistent with this section and RCW
35A.21.440(2)(e).
***
j. Parking Requirements for Residential Units Within Existing Buildings.
Consistent with RCW 35A.21.440(2)(b), the City shall not impose parking
requirements on the addition of dwelling units or living units added within
an existing building. The City may require retention of existing parking that is
required to satisfy existing residential and nonresidential parking
requirements under Title 18A if those uses remain in the building after the
new units are added.[2026-02, 2026-06]
LMC 18A.40.130 - Air corridor and clear zones.
▤ Amendment: 2026-06

This amendment updates regulations for the Air Corridor 1 and 2 (AC1 and AC2) land
use zones following adoption of HB 1757.
18A.40.130

Air corridor and clear zone.
***
D. Air Corridor and Clear Zone Land Use Table. See LMC 18A.40.130(E) for
development and operating conditions. See LMC 18A.10.120(D) for the purpose and
applicability of zoning districts.

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Land Use Categories

AC1

AC2

CZ

Density

***
Residential Uses
Accessory caretaker’s unit

–

–

–

N/A

Accessory dwelling unit

–

–

–

N/A

Cottage housing

–

–

–

N/A

Cohousing (dormitories, fraternities and
sororities)

–

–

–

N/A

Detached single-family structure(s) on
lot less than 20,000 square feet

–

–

–

N/A

Detached single-family structure(s) on
lot greater than 20,000 square feet

–

P

–

N/A

Foster care facilities

–

–

–

N/A

Two-family residential structure(s),
attached or detached dwelling units

–

–

–

N/A

Three-family residential structure(s),
attached or detached dwelling units

–

–

–

N/A

Multifamily structure(s), 4 or more
residential units

–

–

–

N/A

Mixed use

–

–

–

N/A

Home occupation

P

P

–

N/A

Mobile home parks

–

–

–

N/A

Mobile and/or manufactured homes, in
mobile/manufactured home parks

–

–

–

N/A

Rooms for the use of domestic
employees of the owner, lessee, or
occupant of the primary dwelling

–

P

–

N/A

Child care facility

–

–

–

N/A

Child day care center

–

–

–

N/A

Family day care provider

–

–

–

N/A

Use of existing buildings for residential
use

–

–

–

N/A

[Remaining table sections remains unchanged]
Director: Department of Planning and Public Works (PPW) Director
HE: Hearing Examiner
P: Permitted Use C: Conditional Use “–”: Not Allowed N/A: Not Applicable
Applications for all uses must comply with subsection E of this section’s general requirements.

***
4. Nonconforming Buildings and Structures.
a. Any residential use group building, and any assembly, business,
educational, institutional or mercantile use group building or structure or
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portion thereof, which lawfully existed on the date of adoption of this section
and which is not in conformity, shall be deemed nonconforming and subject
to Chapter 18A.20 LMC, Article II, Nonconforming Uses and Structures.
i. Exceptions to residential use group buildings. A one-time
addition/expansion of no more than two hundred (200) square feet of
conditioned space shall be permitted.
b. Any extension, enlargement, relocation, reconstruction or substantial
alteration of a nonconforming residential use group building, and any
assembly, business, educational, institutional or mercantile use group
building or structure or portion thereof, shall be subject to the acoustical
performance standards as set forth in LMC Title 15 unless otherwise modified
by the Building Official pursuant to applicable provisions of the Washington
State Building Code.
c. Notwithstanding RCW 35A.21.440, conversion of existing buildings to
residential uses is prohibited within the Air Corridor 1 (AC1), Air Corridor 2
(AC2), and Clear Zones.
LMC 18A.60.090 - General Standards — Projection Exceptions
▤ Amendment: 2026-02

This amendment adds language to subsection 11 for consistency with HB 1183.
11. Projection Exception.
a. Fireplace structures, cornices, eaves, canopies, sunshades, gutters,
chimneys, sills, lintels, bay or garden windows, ornamental features or similar
architectural elements may project into any setback, provided such
projections are:
i. Not wider than ten (10) feet for each wall projection.
ii. Not more than two (2) feet into an interior, front, or rear yard setback.
b. Porches, decks, and other structures which do not exceed thirty (30)
inches height from the finished lot grade may project into any setback,
provided such projections do not extend more than three (3) feet into a front,
rear, or interior yard setback.
c. Steps may project into any setback, provided such projections do not
extend more than three (3) feet into the setback.
d. A wheelchair ramp may project up to half of the distance into any
required setback; provided, that it does not obstruct the sight distance of a
driveway or a street.
e. For an existing building, exterior insulation, weather-resistive cladding, or
similar energy-efficiency retrofit components may project up to eight (8)
inches into required zoning setback. Such projections shall not be
considered structural encroachments.
f. For retrofit roof assemblies that increase roof thickness for energy-

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efficiency purposes may project up to eight (8”) inches above the maximum
building height otherwise permitted. Such projection shall be limited solely
to insulation or roof assembly thickness and shall comply with applicable
building and fire code provisions.
g. Solar photovoltaic or solar thermal panels may project up to forty-eight
(48) inches above the maximum building height otherwise permitted in the
zoning district, provided the installation complies with applicable building
and fire code requirements.
***
LMC 18A.70.020 - Community Design — Applicability
▤ Amendment: 2026-02

This amendment adds text regarding “residential dwelling units added entirely
within an existing building envelope” to the list of items exempt from Chapter
18A.70.
18A.70.020
Applicability.
A. This article shall apply to all new development, except single-family dwellings,
in any zoning district in the City.
B. Additions and exterior remodels associated with existing buildings and site
redevelopment projects are subject to those provisions of this article that are
determined by the Director to be reasonably related and applicable to the
development project.
C. Projects that modify parking and landscaping areas shall be subject to site
design standards for pedestrian access, safety and landscaping standards.
D. The Director may, at his/her sole discretion, determine which, if any,
additional design standards apply to projects that modify an existing building or
site.
E. Proposals that will not modify a building exterior or the site, such as interior
tenant improvements and interior remodels, are exempt from the community
design standards.
F. Residential dwelling units added entirely within an existing building envelope,
as authorized by LMC 18A.40.110(15) and consistent with RCW 35A.21.440, the city
shall not impose exterior design requirements beyond:
i.

Those necessary for health and safety of the use of the interior of the
building; Necessary for health and safety of the use of the interior of the
building;
ii. Necessary for streetscape improvements and ADA accessibility; or
iii. Required due to the building is designated a landmark or located within a
historic district established by federal, state or local laws.
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***
LMC 18A.80.030 - Zoning District Parking Requirements
⚠ OVERLAP FLAG: Multiple
amendments modify this section.

▤ Amendments: 2026-02 | 2026-08

Two proposed amendments change this section: 2026-02 adds a no-parking
provision for units added within existing building envelopes; 2026-08 adds a new
subsection F (minimum parking exemptions) and revises the parking standards
matrix.
F. Minimum Parking Exemptions. Notwithstanding any other provision of this
chapter, no minimum off-street parking requirements shall apply for:
1. Residences under 1,200 square feet of gross floor area;
2. Commercial spaces under 3,000 square feet of gross floor area;
3. Affordable housing;
4. Senior housing;
5. Child care facilities licensed or certified under RCW 43.216.010;
6. Ground-level nonresidential spaces in mixed-use buildings; and
7. A building undergoing change of use from nonresidential to residential uses,
or change of use for a commercial use.
Parking exemptions in this subsection do not apply to parking spaces permanently
marked and required for compliance with the Americans with Disabilities Act
(ADA).[2026-08]
FG. Parking Standards. Note that the parenthetical numbers in the matrix identify
specific requirements or other information which is set forth following the matrix in
subsection G of this section.
PARKING STANDARDS TABLE
Use

Unit measure

Optional Minimum; Max
see 18A.80.060(H)).

Required bicycle
parking spaces

BUSINESS PARK
General business park

Per 1,000 square feet

2

4

See offices

COMMERCIAL
Banks

Per 1,000 gross square
feet

2

3

See offices
1 per 15 auto stalls.
Minimum of 2

Billiard halls

Per table

1

2

1 per 20 auto stalls.
Minimum of 4

Bowling alleys

Per alley

3

5

1 per 20 auto stalls.
Minimum of 4

Brewery, winery, tasting
rooms and distillery

Per 500 gross square
feet

2

Commercial recreation

Per 1,000 square feet

3

1 per 20 auto stalls
5

1 per 20 auto stalls.
Minimum of 4

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PARKING STANDARDS TABLE
Use

Unit measure

Optional Minimum; Max
see 18A.80.060(H)).

Required bicycle
parking spaces

Day care, preschools,
nursery schools (1)

Per staff member
Exempt per LMC
18A.80.030(F)

0.5

1

1 per 25 auto stalls.
Minimum of 1

Hotels, motels (2)

Per room or suite

1

2

See retail

Per 1,000 square feet
of seating area of
banquet and meeting
rooms

6

N/A See places of
assembly without
fixed seats

Medical and dental clinic Per 1,000 square feet
and offices
of GFA

2

4

1; or a minimum of 3 N/A
spaces plus 2 for
permanent on-site
managers

See offices

Mini storage

Per 100 units

None

Mortuaries, funeral
homes

Per 4 seats

1

2

None

Neighborhood
commercial shopping
area

Per 1,000 square feet

1

2

See retail

Office building

Per 1,000 square feet
of GFA

1 per 15 auto stalls.
Minimum of 2

• With on-site
customer service

2

4

• Without on-site
customer service

1.5

3

Regional shopping
centers, food and drug
stores

Per 1,000 square feet
of GFA

3

6

See retail

Restaurants

Per 100 square feet of
dining area

1

4

See retail

Retail, General
Merchandise

Per 1,000 gross square
feet

32

6

1 per 20 auto stalls.
Minimum of 2

Ground-level Retail in
Per 1,000 gross square
mixed-use development feet
Exempt per
18A.80.030(F)(1)

2

4

See retail
1 per 20 auto stalls.
Minimum of 2

Service stations (mini
marts are retail uses)

Per employee plus per
service bay

0.5

1

None

Wholesale

Per 1,000 gross square
feet

2

1 per 20 auto stalls.
Minimum of 2

INDUSTRIAL

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PARKING STANDARDS TABLE
Use

Unit measure

Optional Minimum; Max
see 18A.80.060(H)).

General industrial

Greatest number of
employees on a single
shift plus one space
for each vehicle
owned, leased or
operated by the
company

0.5

1

Warehouse

Per 2,000 square feet
of GFA plus per 400
square feet of GFA
used for office or
display area

1

N/A

Required bicycle
parking spaces
See offices

None

INSTITUTIONAL
Convalescent facilities,
nursing homes

Per 2 patient beds

1

3

See offices

Hospital

Per bed

0.5

1

See offices

Libraries

Per 200 square feet of
GFA

0.5

1

1 per 20 auto stalls.
Minimum of 2

Schools, elementary and Per classroom and
junior high
office

1

1.5

1 per classroom

Schools, senior high

1

2

1 per 5 auto stalls.
Minimum of 2

Per classroom and
office plus per each 5
students of
designated capacity

PLACES OF ASSEMBLY
Places of assembly
without fixed seats

Per 1,000 square feet
of GFA

10

11

1 per 25 auto stalls.
Minimum of 2

Places of assembly with
fixed seats

Per 4 seats

1

2

1 per 40 auto stalls.
Minimum of 4

Stadiums, auditoriums,
gymnasiums, theaters

Per 4 seats of the
permitted assembly
occupants. (School
and/or public facility
parking spaces may
be used provided the
facilities are on the
same or contiguous
parcels within 300 feet
of the theater or
auditorium.)

1

1.5

1 per 25 auto stalls.
Minimum of 4

RESIDENTIAL (See also subsection G of this section)
Accessory dwelling unit
(3)

Per dwelling unit
Exempt per

1

N/A

None

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PARKING STANDARDS TABLE
Use

Unit measure

Optional Minimum; Max
see 18A.80.060(H)).

Required bicycle
parking spaces

18A.80.030(F)(1)
Per dwelling unit
within 1/2 mile of a
major transit stop (3)
Affordable housing units Per dwelling unit
within 1/2 mile of a major within 1/2 mile of a
transit stop
major transit stop
Exempt per
18A.80.030(F)(1)

0/1

N/A

None

Studio – 0
1 bedroom – 0
2+ bedroom – 0

N/A

None

Single-family

Per dwelling unit

21

N/A

None

Duplexes on lots no
greater than 6,000
square feet (5)

Per dwelling unit

1

N/A

None

Per dwelling unit
within 1/2 mile of a
major transit stop

0

N/A

None

Duplexes on lots greater
than 6,000 square feet
(5)

Per dwelling unit

21

N/A

None

Per dwelling unit
within 1/2 mile of a
major transit stop (5)

0

N/A

None

Triplex

Per dwelling unit

1

Multifamily structures
with four to six units on
lots no greater than
6,000 square feet (5)

Per dwelling unit

0.5
Studio – 1
1 bedroom – 1
2+ bedroom – 1

N/A

None

Per dwelling unit
within 1/2 mile of a
major transit stop

0

N/A

None

Per dwelling unit

0.5
Studio – 1
1 bedroom – 1.25
2+ bedroom – 1.5

N/A

None

Per dwelling unit
within 1/2 mile of a
major transit stop

0

N/A

None

Multifamily structures
Per dwelling unit
with seven or more units
(6)

0.5
Studio – 1
1 bedroom – 1.25
2+ bedroom – 1.5

N/A

1 per 10 auto stalls.
2 minimum per
building

Per dwelling unit
within 1/2 mile of a
major transit stop

0.5
Studio – 0.75
1 bedroom – 1
2+ bedroom – 1.5

N/A

1 per 7.5 auto stalls.
3 minimum per
building

2

N/A

None

Multifamily structures
with four to six units on
lots greater than 6,000
square feet (5)

Mobile home subdivision Per dwelling unit

None

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PARKING STANDARDS TABLE
Use
Mobile home parks (7)

Unit measure
Per dwelling unit

Rooming houses,
Per occupant
lodging houses, bachelor
Per room within 1/2
or efficiency units (6)
mile of a major transit
stop

Optional Minimum; Max
see 18A.80.060(H)).

Required bicycle
parking spaces

1.5

N/A

None

1

3

See multifamily

0.75

3

See multifamily

Senior Citizen
Apartments

Exempt per
18A.80.030(F)(1)

1

See multifamily

Senior citizen
apartments and
hHousing for people
with disabilities

Per 3 dwelling units

1

2

Per dwelling unit
within 1/4 mile of
frequent transit
service

0

N/A 0.25 per unit

See multifamily

[Remainder of table unchanged] [2026-08]
GH. Additional Provisions.
1. For day care, preschools, and nursery schools, one (1) drop-off loading area
must be provided per seven (7) students.
2. Consistent with RCW 35A.21.440(2)(b), the City shall not impose parking
requirements on the addition of dwelling units or living units added within an
existing building. Existing parking required to satisfy residential and
nonresidential parking requirements that remain in the building after the new
units are added shall be retained.
[Remainder of sub-subsections renumbered through (H)(19).][2026-02]
***

TITLE 18B - DOWNTOWN DEVELOPMENT CODE
LMC 18B.200.230 - Downtown District-Wide Development Standards
▤ Amendments: 2026-02 | 2026-06

⚠ OVERLAP FLAG: Multiple
amendments modify this section.

Two amendments change this section: 2026-02 adds subsection M for existing
building interior-only modifications per HB 1183; 2026-06 addresses the same context
per HB 1757.
18B.200.230 District-wide development standards.
Unless otherwise specifically modified by an adopted development agreement or
master plan, in addition to the regulations and requirements contained in other
sections of this title, the following property development standards apply to all land
and buildings in the Downtown District:
***
M. Existing Buildings. Existing buildings undergoing interior-only modifications
shall be regulated pursuant to LMC 18A.40.110(B)(15). Where exterior modifications,
additions, or site changes are proposed in connection with conversion to residential
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use, applicable development and design standards of this chapter shall apply unless
specifically exempted.[2026-02, 2026-06]
***
LMC 18B.600.610 - Downtown Parking
▤ Amendment: 2026-08

This amendment adds minimum parking exemptions per SB 5184.
18B.600.610 Parking.
***
B. Minimum Parking Exemptions. Notwithstanding any other provision of this
chapter, no minimum off-street parking requirements shall apply for:
1.
Residences under 1,200 square feet of gross floor area;
2.
Commercial spaces under 3,000 square feet of gross floor area;
3.
Affordable housing;
4.
Senior housing;
5.
Child care facilities licensed or certified under RCW 43.216.010;
6.
Ground-level nonresidential spaces in mixed-use buildings; and
7.
A building undergoing change of use from nonresidential to residential
uses, or change of use for a commercial use.
18B-600-1. Off-Street Parking Requirements.
Land Use

Parking Requirement

Required Bicycle Parking
Spaces

Residential
Accessory Dwelling Unit

1 per dwelling unit
Exempt per 18B.600.610(B)

None

Multifamily structures with
four to six units

0.5 per dwelling unit

Multifamily structures with
seven or more units

0.5 per dwelling unit

1 per 10 auto stalls; 2
minimum per building

Senior Citizen Apartments

Exempt per 18B.600.610(B)

Meet rates and standards of:
Chapter 18A.80 LMC

Office, Retail, Services,
General Merchandise,
Restaurants

2 per 1,000 GSF minimum; 3
per 1,000 GSF maximum

1 per 15 auto stalls; minimum
of 2

Office

2 per 1,000 GSF minimum; 3
per 1,000 GSF maximum

1 per 15 auto stalls; minimum
of 2

Street level retail 3,000 sq. ft.
or less per business

None where there is available
public parking within 500' or
abutting on-street parking
1 per 8,000 GSF of total retail;
designed to serve street level minimum of 2
retail
Exempt per 18B.600.610(B)

None

***

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TITLE 18C - STATION DISTRICT DEVELOPMENT CODE
LMC 18C.200.230 - Station District Development Standards
▤ Amendments: 2026-02 | 2026-06

⚠ OVERLAP FLAG: Multiple
amendments modify this section.

Two amendments change this section: 2026-02 adds subsection L for existing
building interior-only modifications per HB 1183; 2026-06 addresses the same context
per HB 1757.
18C.200.230 District-wide development standards.
Unless otherwise specifically modified by an adopted development agreement or
master plan, in addition to the regulations and requirements contained in other
sections of this title and LMC Title 15, the following property development standards
apply to all land and buildings in the Station District:
***
L. Existing Buildings. Existing buildings undergoing interior-only modifications shall
be regulated pursuant to LMC 18A.40.110(B)(15). Where exterior modifications,
additions, or site changes are proposed in connection with conversion to residential
use, applicable development and design standards of this chapter shall apply unless
specifically exempted.
[2026-02, 2026-06]

LMC 18C.600.610 - Station District Parking
▤ Amendment: 2026-08

This amendment adds minimum parking exemptions per SB 5184.
18C.600.610

Parking.

***
B. Minimum Parking Exemptions. Notwithstanding any other provision of this
chapter, no minimum off-street parking requirements shall apply for:
1.
Residences under 1,200 square feet of gross floor area;
2.
Commercial spaces under 3,000 square feet of gross floor area;
3.
Affordable housing;
4.
Senior housing;
5.
Child care facilities licensed or certified under RCW 43.216.010;
6.
Ground-level nonresidential spaces in mixed-use buildings; and
7.
A building undergoing change of use from nonresidential to residential
uses, or change of use for a commercial use.
Table 18C.600-1. Off-Street Parking Requirements
Land Use

Residential

Vehicular Parking Requirement
Single-family: 2 per dwelling unit 1
per dwelling unit
Duplex: 1 per dwelling unit
Triplex : 1 per dwelling unit

Bicycle Parking
Requirement
Meet rates and standards of:
Chapter 18A.80 LMC

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Land Use

Vehicular Parking Requirement

Bicycle Parking
Requirement

Accessory dwelling: 1 per dwelling
unit; or zero when located within 1/2
mile of the Sounder Station or a bus
rapid transit stop. (RCW 36.70A.698)
Exempt per 18C.600.610(B)
Senior citizen apartments: 1 per 3
dwelling units* Exempt per
18C.600.610(B)
Multifamily housing: structures with
four to six units: 0.5 per dwelling unit*
Multifamily structues with seven or
more units : 0.5 per dwelling unit*
Studio – 1 per unit
1+ bedroom – 1.25 per unit
(At least 10% of the total parking
spaces must be set aside for
unreserved guest parking)*
*See process in subsection B of this
section to prepare parking study to
reduce further near station.
Office, Retail, Services, 2 per 1,000 GSF minimum;
General Merchandise, 3 per 1,000 GSF maximum
Restaurants

Meet rates and standards of:
Chapter 18A.80 LMC

Office

Meet rates and standards of:
Chapter 18A.80 LMC

2 per 1,000 GSF minimum;
3 per 1,000 GSF maximum

Street-Level Retail
None where there is available public
3,000 sq. ft. or less per parking within 500' or abutting onbusiness
street parking designed to serve
street level retail
Exempt per 18C.600.610(B)

Meet rates and standards of:
Chapter 18A.80 LMC

B. Parking Reductions or Increases. The amount of required parking may be
reduced or eliminated, or increased above the maximum, based on a site-specific
parking study that demonstrates one (1) or more of the following:
***
4. Reduction for Housing in Proximity to Sounder Station or Bus Rapid Transit
(RCW 36.70A.620). When located within one-quarter (0.25) mile of the Sounder
Station, a bus rapid transit stop, or a fixed route transit stop receiving transit
service at least four (4) times per hour for twelve (12) or more hours per day, an
applicant may apply for an exception allowing minimum parking requirements
to be reduced at least to one (1) parking space per bedroom or three-quarters
(0.75) space per unit, as justified through a parking study prepared to the
satisfaction of the Planning and Public Works (PPW) Director or their designee.
At the discretion of the Director, this may require evidence that there is sufficient
on-street capacity to accommodate parking requirements.
This exemption can apply to the following residential uses:
a. Housing units that are affordable to very low-income or extremely lowincome individuals, which may be exempted from parking requirements if
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serviced by a fixed route transit stop receiving transit service at least twice
per hour for twelve (12) or more hours per day;
b. Housing units that are specifically for seniors or people with disabilities,
which may be provided with an exemption for all parking requirements;
c. Market rate multifamily housing.

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ATTACHMENT B
June 17, 2026 Public Hearing Comments re
Proposed 2026 Comprehensive Plan Amendments
Name

Amend.
No.
Haley Ivey, 2026-25
Resident

Comments

City Response

Opposed to use of parcel 3085002170 as part
of Edgewater Park.

Comments noted.
The redesignation of the
parcel from shoreline
residential to urban park
would allow for urban park
public uses that are subject to
the requirements of that
designation. Public use of the
site as an extension of
Edgewater Park was
supported through the park
Master Plan process.

Christina
Manetti,
Resident

2026-25

Opposed to use of parcel 3085002170 as part
of Edgewater Park.

Any development activity on
either parcel 3085002360 or
3085002170 will be subject to
land use development
regulations, including
Shoreline Master Program
requirements. SEPA analyses
will also be conducted in
relation to any projects on
either parcel.
Comments noted.
Amendments 2026-24 and
2026-25 are non-project
applications to rezone two
parcels to Open Space and
Recreation 2 (OSR2.) While if
the amendments are
approved the zoning would
change and allowed uses on
the parcels would therefore
also change,
the amendments do not
approve any projects or
determine development
requirements.
Any development activity on
either parcel 3085002360 or
3085002170 will be subject to
land use development
regulations, including

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Christina
2026-24,
Manetti for 2026-25
Garry Oak
Coalition
(written
comments)

I am writing to you on behalf of the Garry Oak
Coalition, an environmental non-profit based
in Lakewood. Please make our organization a
party of record during the public hearing on
June 17, 2026, for the 2026 Comprehensive
Plan and Zoning Map Amendment docket list.
We strongly oppose and request the removal
of these proposed amendments to the Zoning
Map: [2026-24 and 2026-25]
On behalf of our environmental nonprofit
organization, we submit this formal comment
in strong opposition to the proposed rezoning
of parcels 3085002360 and 3085002170 -- one
of which is the former Mirjalili property at 9132
Edgewater Dr SW -- into parkland designed to
accommodate a motorized boat ramp and
associated trailer parking infrastructure,
including a parking lot.
While we support appropriate public access to
shoreline resources in principle, the specific
proposal as described -- a boat ramp for
motorized watercraft and parking for multiple
boat trailers on a site of approximately one
acre -- is fundamentally incompatible with the
ecological, spatial, and community realities of
this location.
1. Inappropriate intensity of use for a oneacre shoreline parcel
A one-acre parcel is extremely limited in
capacity. Converting this former residential
property into a motorized launch site would
concentrate high-impact recreational use into
a space that cannot physically or ecologically
absorb it.
The likely outcomes include chronic
congestion, unsafe traffic conditions, and
spillover parking into adjacent residential
streets. Even modest boating access points
typically require significantly larger staging,
circulation, and buffer areas than are available
here.
2. Water quality, pollution, and cumulative
shoreline impacts

Shoreline Master Program
requirements. SEPA analyses
will also be conducted in
relation to any projects on
either parcel.
Comments noted.
Amendments 2026-24 and
2026-25 are non-project
applications to rezone two
parcels to Open Space and
Recreation 2 (OSR2.) While if
the amendments are
approved the zoning would
change and allowed uses on
the parcels would therefore
also change,
the amendments do not
approve any projects or
determine development
requirements.
Purpose. The Open Space and
Recreation 1 (OSR1) and Open
Space and Recreation 2
(OSR2) zoning districts provide
for open space and public or
semi-public recreational
activities throughout the City.
The OSR1 zoning district may
be applied to publicly or
privately owned or controlled
property used for natural open
space and passive
recreation. The
OSR2 zoning district may be
applied to privately and
publicly owned active
recreational uses and
cemeteries.
Possible uses allowed within
the OSR2 zone are listed at
LMC 18A.40.027.
Any development activity on
either parcel 3085002360 or
3085002170 will be subject to
land use development
regulations, including
Shoreline Master Program
requirements. SEPA analyses
will also be conducted for any
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Motorized boat launches are consistently
associated with localized pollution impacts,
including:
• fuel and oil residues from trailers and
engines,
• increased shoreline turbidity from
repeated launch/retrieval activity,
• litter accumulation (plastic, fishing
waste, packaging),
• spread of invasive aquatic species via
boat transfer.

development projects on
either parcel.

Given existing concerns already observed at
Lake Steilacoom regarding shoreline litter and
water quality pressures, intensifying motorized
use at this location would undoubtedly
exacerbate these issues.
3. Impacts on shoreline wildlife and
designated habitat functions
The shoreline of Lake Steilacoom functions as
important habitat for fish, amphibians,
waterfowl, and nearshore ecological processes.
The State Shoreline Management framework
classifies such areas as priority shoreline
habitat, where preserving ecological function
is a primary directive. A high-intensity boat
ramp directly conflicts with these objectives by
increasing noise, wake disturbance and
turbidity, and nearshore disruption.
Repeated motorized launching also degrades
shallow-water habitat through propeller wash
and shoreline erosion -- particularly
problematic in small lakes where edge habitat
represents a disproportionate share of
ecological productivity.
The City should prohibit all but non-motorized
craft from being launched at the Edgewater
location.
4. Loss of shoreline vegetation and recent
tree removal concerns
We are deeply concerned that in the past
several years, and just recently, significant
shoreline trees and vegetation have already
been removed in the project area. Shoreline
vegetation serves essential functions:
• stabilizing soils and preventing erosion,
• filtering runoff before it enters the lake,
• providing critical habitat and shade
regulation for nearshore ecosystems.

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If tree removal has occurred within regulated
shoreline buffer zones, this raises serious
questions about compliance with local
shoreline protections under the City’s
shoreline regulations and Washington State
shoreline management requirements. These
actions appear inconsistent with best
practices for protecting riparian integrity and
would have a clearly foreseeable adverse
environmental impact.
5. Incompatibility with neighborhood
character and public safety
The surrounding area is a residential shoreline
community. Introducing a motorized launch
site with trailer capacity fundamentally alters
neighborhood character by introducing:
• garbage
• pollution from fossil fuel exhaust
• congestion from trailer maneuvering,
• noise from engines, launching activity,
and gatherings,
• increased demand for enforcement
and cleanup services.
These impacts are not incidental -- they are
inherent to motorized boat ramp operations
and cannot be meaningfully mitigated at this
scale.
6. Insufficient park size for proposed
intensity of use
A one-acre “park” with a boat ramp and trailer
parking is not a functional park in any
conventional sense; it is a transportation
infrastructure node. This use displaces passive
shoreline enjoyment with high-turnover
industrial-style recreation, undermining
equitable access for non-motorized users such
as walkers, birdwatchers, and families seeking
quiet shoreline space.
7. Concern regarding acquisition and equity
context
We also note continuing community concern
regarding the manner in which the property
was acquired through eminent domain and
the adequacy of compensation provided.
While this comment is not primarily about
acquisition history, it is relevant to long-term
public trust that the final land use reflects
stewardship values rather than maximizing
recreational intensity at the expense of
ecological and neighborhood integrity.
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Conclusion
We urge the City of Lakewood to reconsider
this rezoning proposal and to instead pursue a
lower-impact shoreline restoration and passive
public access model that prioritizes:
• shoreline habitat protection and
restoration,
• non-motorized recreational access,
• stormwater buffering and native
vegetation recovery, and
• long-term ecological resilience of Lake
Steilacoom.
Once a high-intensity motorized infrastructure
site is established on a fragile one-acre
shoreline parcel, the ecological and
community impacts will be difficult, if not
impossible, to reverse.
We respectfully request denial of the proposed
rezoning in its current form.
Ebrahim
Mirjalili,
Resident

2026-25

Opposed to use of parcel 3085002170 as part
of Edgewater Park.

Comments noted.
Amendments 2026-24 and
2026-25 are non-project
applications to rezone two
parcels to Open Space and
Recreation 2 (OSR2.) While if
the amendments are
approved the zoning would
change and allowed uses on
the parcels would therefore
also change,
the amendments do not
approve any projects or
determine development
requirements.
Any development activity on
either parcel 3085002360 or
3085002170 will be subject to
land use development
regulations, including
Shoreline Master Program
requirements.
SEPA analyses will also be
conducted for any
development projects on
either parcel.

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Tichomir
Dunlop,
Resident

James
Dunlop,
Resident

2026-25

Opposed to use of parcel 3085002170 as part of
Edgewater Park.

Comments noted.
Amendments 2026-24 and
2026-25 are non-project
applications to rezone two
parcels to Open Space and
Recreation 2 (OSR2.) While if
the amendments are
approved the zoning would
change and allowed uses on
the parcels would therefore
also change,
the amendments do not
approve any projects or
determine development
requirements.

2026-25

Opposed to use of parcel 3085002170 as part of
Edgewater Park.

Any development activity on
either parcel 3085002360 or
3085002170 will be subject to
land use development
regulations, including
Shoreline Master Program
requirements. SEPA analyses
will also be conducted in
relation to any projects on
either parcel.
Comments noted.
Amendments 2026-24 and
2026-25 are non-project
applications to rezone two
parcels to Open Space and
Recreation 2 (OSR2.) While if
the amendments are
approved the zoning would
change and allowed uses on
the parcels would therefore
also change,
the amendments do not
approve any projects or
determine development
requirements.
Any development activity on
either parcel 3085002360 or
3085002170 will be subject to
land use development
regulations, including
Shoreline Master Program
requirements. SEPA analyses
will also be conducted in
relation to any projects on
either parcel.
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Brendan D. 2026-25
Masini
(Written
comments)

Please accept this formal written testimony
into the official public record regarding the
City’s locally-initiated amendment to the
Lakewood Shoreline Master Program (SMP)
and Comprehensive Plan Map. This
amendment specifically seeks to convert the
property at 9132 Edgewater Drive SW from its
current Residential 3 (R3) classification to an
active Open Space & Recreation 2 (OSR2)
designation.
As the owner of the immediately abutting
Residential parcel to the South, I am writing to
state that while I support the goal of this public
amenity enhancement, the sudden transition
from an R3 high-density residential zone to an
active OSR2 regional park environment creates
immediate privacy, safety, and operational
hazards.
Under the authority of the Washington State
Environmental Policy Act (RCW 43.21C) and
WAC 197-11-660 (Substantive Authority), I
request that the Planning Commission
incorporate the following explicit mitigation
mandates as binding conditions for the
approval of this R3-to-OSR2 amendment:

Comments noted.
The Planning Commission is
not involved in the review of
specific development
applications or their SEPA
reviews. It does not make
decisions regarding
development mitigation
conditions in its legislative
recommendations to the City
Council.
The Planning Commission can
include a finding in its
resolution requesting that the
City Council direct the PPW to
conduct outreach to property
owners adjacent to Edgewater
Park regarding separation of
private property from the park.

I. Demand for a Structural 6-Foot Privacy
Fence to Mitigate OSR2 Aesthetic and Security
Impacts
The OSR2 zoning classification permits highintensity, active recreational facilities. The
proposed placement of an active public picnic
area immediately adjacent to my residential
property line constitutes a massive disruption
to neighborhood character and introduces
severe impacts related to noise, light, and
safety.
1.
Failure of Vegetative Buffers Alone:
While the City proposes a vegetation buffer,
plants do not provide physical security or
trespass deterrence against the high volumes
of foot traffic inherent to an OSR2 zone. Under
WAC 197-11-444(2)(b), the City must evaluate
and mitigate impacts on the built
environment, including land use and
neighborhood cohesion.
2.
Substantive Authority for Structural
Fencing: Under Lakewood Municipal Code
(LMC) 18A.60.090, residential property lines are
permitted to maintain sight-obscuring fencing
up to 6 feet in height. To achieve the
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"compatibility of use" required by the
Lakewood Comprehensive Plan, the City—as
the developer of the active OSR2 park space—
must construct a 6-foot, 100% sight-obscuring
structural fence in tandem with the vegetation
buffer to prevent immediate encroachment
and preserve the privacy mandated for
Residential zones.
II. Mandate for the Complete Removal of the
Existing Overwater Dock Structure
The legacy residential dock located at 9132
Edgewater Drive SW cannot legally or safely be
transitioned from an R3 residential utility into
an OSR2 public park asset. I demand its
complete demolition and removal based on
the following conflicts with state and local
codes:
1.
Violation of the Shoreline Management
Act "No Net Loss" Standard: Under RCW 90.58
and WAC 173-26-186(8), local SMP
amendments must guarantee "no net loss" of
shoreline ecological functions. Converting a
private residential dock into an active OSR2
public overwater structure exponentially
increases human traffic, artificial shading, and
localized water disturbance. This degrades
critical lake habitats and directly violates the
baseline environmental metrics established in
the City of Lakewood SMP.
2.
Public Safety and Navigational Hazards
(WAC 197-11-444): The dock sits at a narrow,
shallow bottleneck of Lake Steilacoom,
immediately adjacent to an active motorized
boat launch and Pocket Beach. Retaining the
dock forms an "attractive nuisance." It will
inevitably attract public swimming, wading,
and casting fishing lines into active, motorized
watercraft lanes. This poses an immediate,
severe public safety hazard that the City fails to
mitigate in its current SEPA Checklist.
3.
Non-Compliance with Public Design
Laws (RCW 49.60): This structure was
engineered exclusively for private residential
utility. Transitioning it to an OSR2 park asset
requires compliance with public accessibility
laws, including the Americans with Disabilities
Act (ADA) and the Washington State Law
Against Discrimination (RCW 49.60). The dock
cannot be modified to safely support highcapacity public loads and stable ADA access
without massive, invasive structural
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expansions that would further degrade the
shoreline.
Conclusion and Request for Remedy
A SEPA Determination of Non-Significance
(DNS) is only legally valid if all probable adverse
environmental and safety impacts are
mitigated.
Therefore, I request the Planning Commission
formally condition its approval of this
Comprehensive Plan and Shoreline Master
Program amendment on two clear
requirements:
1.
The installation of a permanent 6-foot
structural privacy fence along the shared
R3/OSR2 boundary line.
2.
The complete demolition and
environmental removal of the non-compliant
overwater residential dock structure prior to
opening the expanded OSR2 park grounds to
the public.
Thank you for ensuring that the expansion of
Edgewater Park does not occur at the direct
expense of public safety and established
residential property rights.

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2026 Comprehensive Plan
Amendments: Introduction

8/10/26 City Council

Tiffany Speir, Planning Division Manager
Planning & Public Works Department

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Background
Through Resolution 2025-13, the Lakewood City Council set the docket list for the 2026
Comprehensive Plan amendment (26CPA) cycle with 23 potential amendments. The Planning
Commission incorporated two additional amendments into the docket and one private
application was withdrawn, resulting in a final total of 24 docket items.
Planning Commission Action on 26CPA Package
Following a public hearing and its own deliberation, the Planning Commission made the
following recommendations via its Resolution 2026-06:
- Approval for 11 amendments;
- Do not approve for 1 amendment;
- No action for 6 amendments; and
- Continue to a future cycle for 6 amendments.

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The 26CPA amendments can be classified within three types:
- State law changes requiring review and possible amendment of local zoning, land use
policy, and/or development regulations: #2026-1 through #2026-12;
- A variety of private and City-initiated text and zoning map amendments: #2026-13
through #2026-21 and #2026-23 through #2026-25.
- Optional policy or regulatory items for the City Council to consider and decide
whether to pursue: #2026-03, #2026-07, and #2026-19.

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No Action on Amendments #2026-09 through 2026-12, 2026-15, and 2026-16
The City conducted substantive review of each of these six amendments. The Planning
Commission recommended “No action” because the City of Lakewood has already completed
the legislative steps to comply with state law or achieve the intended outcome.
Continuation of Amendments #2026-04, -07, -17, -19, 21, and -20 to future cycles
The Planning Commission recommended continuing each of these six amendments to a future
amendment cycle (2027 or 2029) for a variety of reasons that are provided in the Discussion
section of the Council materials.

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Reorganized Presentation of Draft Amendments
This year, the full language of each amendment’s changes to the Comprehensive Plan,
Zoning Map, or Development Regulations are organized by affected Comprehensive Plan or
LMC section rather than amendment number.
This means if more than one 26CPA docket item would change a particular text/policy, map,
or municipal code section, all of the changes are incorporated into a single draft updated
version of that text/policy, map, or regulation for review by the City Council and the public.
Please see Exhibit A of Resolution 2026-06 in Attachment A.

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NOTE: Planning Commission Request to City Council related to Edgewater Park.
Based on public comment received during the Commission’s public hearing, on
amendments #2026-24 and -25, the Planning Commission is requesting that the City
communicate with property owners adjacent to the updated Edgewater Park boundaries
regarding how separation of the park and its public access will be kept separate from
private properties.

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Why Planning Commission recommends “Do Not Approve” on 2026-03
Under HB 1353’s provisions, when a permit application for an ADU has been self-certified by a
registered architect and after the City determines the application to be complete, the City may
deem the application to be in compliance with applicable code requirements as well as with local
building, electric, plumbing, mechanical, and fire code requirements.

The administrative burden to establish and maintain the ADU self-certification program is likely higher than
the potential benefit of the program. Per the state law creating the program, City would be required to:
- develop program rules,
- conduct audits of applications,
- penalize architects failing the audit,
- develop specialized forms for the program,
- monitor architects’ insurance, and
- provide reports to the state Department of Commerce.
From January 2025 through mid-June 2026, a total of 18 ADU applications were submitted to Lakewood.
Almost all reviews were completed within the statutorily-required timeline; the longest review time was 39
days due to required shoreline regulation reviews. Separate permit reviews by external utilities and agencies
would continue to occur at the pace those entities could conduct them.
The program also would expose City to the potential for life safety liability challenges for the City if the ADU
fails code requirements over time. Even if the City was ultimately found exempt or not liable, the cost of
responding to legal challenges would likely outweigh the benefit to permit applicants of establishing a
program.
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2026-24 | Annual Parcel
Redesignation/Rezone Application Cycle —
Redesignation of Parcel 3085002360 (9102
Edgewater Dr SW) from Residential (R) to
Open Space & Recreation (OSR) and Rezone
from Open Space & Recreation 1 (OSR1) to
Open Space & Recreation 2 (OSR2)
PPW Recommendation: APPROVAL IF
2026-14 IS NOT APPROVED
Compliance Deadline: None specified

What Lakewood Is Proposing
Rezone parcel 3085002360 to OSR2, making it
possible to implement the Edgewater Park
Master Plan.
NOTE: If amendment 2026-14 is approved, the
parcel would be redesignated OSR and
rezoned to the new OSR zone.
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2026-25 | Annual Parcel
Redesignation/Rezone Application
Cycle — Redesignation and rezone of
Parcel 3085002170 (9132 Edgewater
Dr SW) from Residential (R)/
Residential 3 (R3) to Open Space &
Recreation (OSR)/Open Space &
Recreation 2 (OSR2)

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PPW Recommendation: APPROVAL IF
2026-14 IS NOT APPROVED
Compliance Deadline: None specified
What Lakewood Is Proposing
Redesignate/rezone parcel 3085002170
to OSR/OSR2 for public use in
conjunction with the master planning
and redevelopment of Edgewater Park.
NOTE: If amendment #2026-14 is
approved, the parcel would be rezoned
to the new OSR zone.
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Legislative Schedule
- City Council Study Session: August 10
- City Council Public Hearing: August 17
- City Council action: September 21

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TO: Mayor and City Council
FROM: Jeff Rimack, Director Planning & Public Works (PPW)
Angie Silva, Assistant Director PPW
THROUGH: Doug Russell, City Manager
DATE: AUGUST 10, 2026
SUBJECT: Preliminary draft encroachment permit framework
ATTACHMENTS: Preliminary draft code amendments

PURPOSE

Following the May 18, 2026 study session discussion, City Council directed the
Department to prepare code amendments and a permit framework for addressing
temporary and revocable encroachments within public rights-of-way.
The preliminary draft code amendments are intended to establish a process for
evaluating such encroachments while preserving public ownership, access and
future public use of the right-of-way.
The purpose of this study session is to obtain Council’s initial feedback on the draft
framework. Any formal consideration of development regulations must proceed
through the applicable review and public notification process, including Planning
Commission review and recommendation, before final consideration and action by
the City Council.

BACKGROUND

Lakewood Municipal Code (LMC) provides limited avenues for how these situations
should be evaluated or managed.
The preliminary draft is intended to create framework that:
• Maintains public ownership of public rights-of-way.
• Allows consideration of limited, temporary and revocable encroachments
where appropriate.
• Establishes evaluation criteria and permit conditions.
• Clarifies that permits do not create property rights or entitlement to a future
street vacation.

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•
•

Preserves the City's ability to remove encroachments when necessary for
public purposes.
Preserves lake-terminating rights-of-way (street ends) as public assets and
proposes that they are ineligible for street vacation.

PRELIMINARY DRAFT SUMMARY
Draft Chapter
LMC 12.01

LMC 12.04

LMC 12.05

LMC 12.06

Primary Revision
Adds definitions for community-benefit encroachment, effectively
permanent use, lake-terminating right-of-way, private-benefit
encroachment, Right-of-Way Encroachment Permit and
structurally significant improvement.
Establishes permit, its duration and renewal provisions; clarifies the
distinction between a construction right-of-way permit and a
continuing encroachment permit; authorizes financial guarantees
and inspections.
Prohibits vacation of lake-terminating rights-of-way and requires
an Encroachment Agreement for new Encroachment Permit
addressing insurance, indemnification, maintenance, removal,
restoration, recording and cost recovery.
Creates the permit application, eligibility criteria, exclusions, review
of legacy encroachments, permit conditions, fees, appeal,
revocation, removal, restoration and shoreline coordination
provisions.

PRELIMINARY PERMIT FRAMEWORK
Element
Eligible uses

Not eligible

Application
materials

Approval
criteria

Permit
administration

Draft Approach
Temporary and removable fences, landscaping, gates, driveway
extensions, steps, patios, decks, small accessory improvements,
recreational improvements, waterfront-related amenities, and
similar continuing uses.
Permanent buildings or foundations, permanent utility structures,
structurally significant improvements, private storage, exclusive
occupation of public-access areas, or uses that are effectively
permanent or incompatible with public use.
Site plan, written description, photographs, documentation of prior
authorization, utility information, drainage/grading/vegetation
information, owner consent, insurance, signed Encroachment
Agreement, and applicable fees.
Public safety and mobility; utility and drainage conflicts; public
access and views; consistency with adopted plans and policies;
preservation of long-term public use; and whether the proposal is
temporary and removable.
Administrative decision by the Director; term not to exceed five
years; renewal is discretionary; inspections and additional
conditions may be required.

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Draft Approach
Upon expiration, revocation, or non-renewal, the permittee must
remove the encroachment and restore the right-of-way at the
permittee’s expense. The City may recover costs if it performs the
work.

WHAT DOES NOT CHANGE

The preliminary draft does not:
• Sell or transfer ownership of public rights-of-way.
• Vacate lake-terminating street ends.
• Create permanent private property rights.
• Guarantee approval of existing or future encroachments.
• Eliminate the City's authority to require removal of encroachments when
necessary for public use.
• Proposed changes to the City’s Fee Schedule.

NEXT STEPS

Because the proposal includes amendments to the Lakewood Municipal Code
governing development regulations, adoption must follow the applicable statutory
review process. This includes public notice, required agency notification, and
Planning Commission review and recommendation before the amendments return
to the City Council for consideration and final action.
Following the Council discussion, staff will:
• Incorporate Council feedback into revised draft code amendments.
• Complete SEPA review and issue a threshold determination.
• Submit a 60-day Notice of Intent to Adopt to the Washington State
Department of Commerce.
• Present the draft amendments to the Lakewood Planning Commission for
review, including public notice and a public hearing, followed by Commission
deliberation and a recommendation to the City Council.

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Article II. Definitions

12.01.070

Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this title shall
be as set forth in this chapter. Any terms not listed in this chapter shall be defined in
accordance with other titles of the Lakewood Municipal Code (LMC). Any inconsistency in
definitions between titles or chapters in the LMC shall be resolved in favor of the later adopted
definition. Any term not listed in the LMC shall be defined in accordance with the latest
definition in the Revised Code of Washington (RCW), the Washington Administrative Code (WAC)
and LMC 18A.10.040.
“40 CFR” means Title 40 of the Code of Federal Regulations, which is the codification of general
and permanent rules published in the Federal Register by the executive departments and
agencies of the federal government.
“AASHTO” means the American Association of State Highway and Transportation Officials, a
nonprofit organization that develops and maintains technical standards and policy for
transportation systems in the United States.
“AKART” means all known, available and reasonable methods of prevention, control and
treatment and refers to the State Water Pollution Control Act, RCW 90.48.010 and 90.48.520.
“Applicant” means the person, party, firm, corporation, or other legal entity that proposes to
develop property in the City of Lakewood by submitting an application for any of the activities
covered by these regulations on an application furnished by the City and payment of required
fees.
“Arterial” means a road or street primarily for through traffic. The term includes roads or
streets considered collectors. It does not include local access roads which are generally limited
to providing access to abutting property.
“Assembly” means a gathering of people for the purpose of presenting or viewing an exhibition,
theatrical presentation, dance or other public, political or religious event, held on any public
street, highway, alley, sidewalk or publicly owned parking lot.

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“Average daily traffic” or “ADT” means the total traffic during a given time period (in whole days),
greater than one day and less than one year, divided by the number of days in that time period.
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any
given year, also referred to as the “100-year flood.” Designation on maps will always include the
letter “A” or “V.”
“Base flood elevation” means the water surface elevation, in feet, above mean sea level for the
base flood and referenced to the National Geodetic Vertical Datum of 1988 (or Pierce County
Datum or United States Coast and Geodetic Survey 1988 Datum which are the same).
“Bench” means a relatively level step excavated into natural earth or fill material.
“Best management practices” or “BMPs” means the schedules of activities, prohibitions of
practices, maintenance procedures, and structural and/or managerial practices approved by
the Washington State Department of Ecology that, when used singly or in combination, prevent
or reduce the release of pollutants and other adverse impacts to waters of Washington State.
“Certification” means a written engineering opinion, stamped, signed, and dated by an
engineer, concerning the progress or completion of work.
“Change of use” means that the general character of the use in question has been modified.
This determination shall include review of but not be limited to: hours of operation, materials
processed or sold, required parking, traffic generation, impact on public utilities, location or a
change in use type.
“City” means the City of Lakewood or an official representative of the City of Lakewood.
“City Engineer” means the person appointed by the City Manager and defined in LMC 17.02.035.
“Clean Water Act” (formerly referred to as the Federal Water Pollution Control Act or Federal
Water Pollution Control Act Amendments of 1972) means Pub. L. 92-500, as amended, Pub. L.
95-217, Pub. L. 95-576, Pub. L. 6-483 and Pub. L. 97-117, 33 U.S.C. Section 1251 et seq.
“Clearing” means the cutting, moving on site, or removal of standing or fallen timber (including
stumps); the removal or moving on site of stumps; or the cutting or removal of brush, grass,
ground cover, or other vegetative matter from a site in a way which exposes the earth’s surface
of the site.

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“Cluster-style mailbox” means a style whereby mailboxes are assembled together in a
manufactured unit by an approved United States Postal Service (USPS) manufacturer.
“Community-benefit encroachment” means an encroachment that primarily serves a public or
neighborhood benefit, including public art, neighborhood signage, community landscaping,
traffic calming, or similar public-realm improvements and that does not primarily reserve the
right-of-way for private use.
“Compaction” means the densification of a fill by mechanical means.
“Critical area” means wetlands, frequently flooded areas, fish and wildlife habitat conservation
areas, aquifer recharge areas, and geologically hazardous areas as defined in LMC Title 14.
“Cul-de-sac” means a circular pavement symmetrical or offset about the centerline of a deadend street.
“Dedication” means the deliberate appropriation of land by an owner for any general or public
uses, reserving no other rights than those compatible with the full exercise and enjoyment of
the public uses to which the property has been devoted as further defined in Chapter 17.02
LMC.
“Detention” means the short-term storage of storm drainage runoff that has been artificially
collected and then released at a predetermined rate.
“Development” means any action taken either in conjunction with a use or to make a use
possible. Activities do not in and of themselves result in a specific use. Most activities may take
place in conjunction with a variety of uses.
“Deviation” means an exception from the City’s engineering standards that has been approved
by the City Engineer and allows for an adjustment in the application of engineering standards.
“Director” means the person appointed by the City Manager to be the Director of the Planning
and Public Works Department.
“DOE” means Washington State Department of Ecology, also referred to as “Ecology.”
“DOE Stormwater Manual” means the current Stormwater Management Manual for Western
Washington (SWMMWW) published by the Washington State Department of Ecology.

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“Drainage” means rainfall runoff from a basin or contributing area which flows on the surface of
the ground.
“Driveway” means any area, construction, or facility between a public road and private property
which provides access for vehicles from the public roadway to or from private property.
“Earth/earth material” means naturally occurring rock, soil, stone, dirt, or a combination
thereof.
“Earthwork” means any operation involving the excavation, grading, filling, or moving of earth
materials.
“Easement” means a grant by the property owner of the use of a strip of land by the public,
corporation, utility provider, or persons for specific purposes.
“Effective impervious surface” means those impervious surfaces that are connected via sheet
flow or discrete conveyance to a drainage system. Refer to SWMMWW for examples and
exclusions.
“Effectively permanent use” means a use or improvement that, because of its scale, structure,
construction method, duration, exclusivity, or difficulty of removal, functions as a permanent or
exclusive private use of public right-of-way. See also Structurally significant improvement
definition.
“Emergency services access” or “ES” means an all-weather drivable surface constructed and
maintained in accordance with this title that provides emergency access between a public or
private street. Refer to LMC 15.05.080(P) through (S).
“Engineer” (also “project engineer”) means a professional civil engineer, currently licensed in the
state of Washington, retained by and acting on behalf of the applicant.
“Erodible or leachable materials” means wastes, chemicals, or other substances that
measurably alter the physical or chemical characteristics of runoff when exposed to rainfall.
Examples include erodible soils that are stockpiled, uncovered process wastes, manure,
fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage.
“Erosion” means the wearing away of the earth’s surface as a result of the movement of wind,
water, or ice.

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“Event” means any parade, motorcade, run, or assembly which will or may disrupt normal
traffic flow or usage of any public street, highway, sidewalk, alley, or publicly owned travel way
within the City of Lakewood.
“Excavate” means the removal by man of sand, sediment, or other material from an area of
land or water for other than commercial or industrial use.
“Fill” means the placement by man of sand, sediment or other material to create new uplands
or raise the elevation of the land.
“Filling” means the act of transporting or placing (by any manner or mechanism) earth material,
including temporary stockpiling.
“Flood” or “flooding” means a general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters, and/or the
unusual and rapid accumulation of runoff of surface waters from any source.
“Floodfringe” means the area subject to inundation by the base flood, but outside the limits of
the floodway, and which may provide needed temporary storage capacity for floodwaters.
“Floodplain” means the total area subject to inundation by the base flood, including the
floodfringe and the floodway areas.
“Floodway” means the channel of a river, or other watercourse, and the adjacent land areas
that shall be reserved in order to convey and discharge the base flood without cumulatively
increasing the water surface elevation by more than one foot, and those areas designated as
deep and/or fast-flowing water.
“Frontage” refers to length of a property line along a public street or right-of-way.
“Gate” (at driveway entrance) means a movable fence or other blockade designed to prevent
general purpose traffic from entering a private development.
“Grading” means any excavating, filling, or creating of impervious surfaces or combination
thereof.
“Ground water” means subsurface water in the subsoil or in a zone of saturation.
“Grubbing” means the removal and disposing of all unwanted vegetative matter from
underground, such as sod, stumps, roots, buried logs, or other debris.
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“Hard surface” means an impervious surface, a permeable pavement, or a vegetated roof.
“Hearing Examiner” means a person appointed by the City to carry out the functions authorized
under Chapters 1.36 and 18A.20 LMC, Article IV, Administration, Appeals/Reconsiderations, and
Chapter 35A.63 RCW.
“Hyperchlorinated” means water that contains more than 10 mg/L chlorine.
“IBC” means International Building Code.
“IFC” means International Fire Code.
“Impervious surface” means a material or condition which causes water to run off the surface in
greater quantities or at an increased rate of flow from the flow present under natural
conditions prior to development. It is also defined as a surface area which either prevents or
retards the entry of water into the soil mantle as under natural conditions prior to
development. Refer to SWMMWW for examples and exclusions.
“Institute of Transportation Engineers” or “ITE” means the professional organization for
transportation professionals, including engineers, planners, and researchers, that develops
standards and policy for transportation facility design.
“Lake-terminating right-of-way” means a public right-of-way, street end, or unopened right-ofway that terminates at, abuts, or provides potential public access or views to a lake or other
shoreline water body.
“Land disturbing activity” means any activity that results in a change in the existing soil cover
(both vegetative and nonvegetative) and/or the existing soil topography. Refer to SWMMWW for
examples and exclusions.
“Land surveyor” means a professional land surveyor currently licensed by the state of
Washington.
“Landscaping” means the improvement or installation on a parcel or portion thereof of objects
or vegetation for decorative or ornamental effect. Examples include: trees, bushes, shrubs,
flowers, grass, weeds, ornamental rocks or figures, low-lying ground cover, sprinkler systems,
sidewalks, and lighting fixtures.

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“Level of service” or “LOS” means a way to measure the level of traffic congestion, with “A” being
the best level of service, and “F” the lowest.
“Local improvement district” means a special assessment district whereby a capital
improvement is financed and paid for over a period of time through assessments on the
benefiting properties.
“Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area
and dimension to meet minimum zoning requirements for width and area, and developed or
built upon as a unit. The term shall include “tracts” or “parcels.”
“Low impact development” or “LID” means a storm water and land use management strategy
that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage,
evaporation, and transpiration by emphasizing conservation, use of on-site natural features,
site planning, and distributed storm water management practices that are integrated into a
project design.
“Maintained city street” means a road dedicated to the City through various legal instruments
or processes, or claimed through usage, and maintained by City maintenance forces on a
periodic and regular basis, or as determined by the City. The road shall be listed on the City of
Lakewood’s most recent road log or accepted by the City for inclusion into the City’s road
system and not yet shown on the road log.
“Major municipal separate storm sewer outfall” means a municipal separate storm sewer
outfall from a single pipe with an inside diameter of 36 inches or more, or its equivalent
(discharge from a single conveyance other than circular pipe which is associated with a
drainage area of more than 50 acres); or for municipal separate storm sewers that receive
storm water from lands zoned for industrial activity (based on comprehensive zoning plans or
the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12
inches or more or from its equivalent (discharge from other than a circular pipe associated with
a drainage area of 12 acres or more).
“Maximum extent practicable” or “MEP” refers to paragraph 402(p)(3)(B)(iii) of the Federal Clean
Water Act which reads as follows: Permits for discharges from municipal storm sewers shall
require controls to reduce the discharge of pollutants to the maximum extent practicable,
including management practices, control techniques, and system, design, and engineering

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methods, and other such provisions as the Administrator or the State determines appropriate
for the control of such pollutants.
“Median” means the portion of a divided street separating the traveled way for traffic in
opposing directions.
“Motor vehicle” includes every device capable of being moved upon a public highway and in,
upon, or by which any persons or property is or may be transported or drawn upon a public
highway except for mopeds, bicycles and other devices moved by human or animal power or
used exclusively upon stationary rails or tracks.
“Motorcade” means an organized procession containing 10 or more motor vehicles, except
funeral processions, upon any public street, highway, sidewalk, alley, or publicly owned parking
lot.
“Municipal separate storm sewer” or “MS4” means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
manmade channels, or storm drains) (1) owned or operated by a state, city, town, borough,
county, parish, district, association, or other public body (created by or pursuant to state law)
having jurisdiction over disposal of wastes, storm water, or other wastes, including special
districts under state law such as a sewer district, flood control district or drainage district, or
similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and
approved management agency under Section 208 of the Clean Water Act that discharges to
waters of the United States; (2) designed or used for collecting or conveying storm water; (3)
which is not a combined sewer; (4) which is not part of a publicly owned treatment works
(POTW) as defined at 40 CFR 122.2; and (5) which is defined as “large” or “medium” or “small” or
otherwise designated by the Department of Ecology pursuant to 40 CFR 122.26.
“MUTCD” means the Manual on Uniform Traffic Control Devices.
“National Association of City Transportation Officials” or “NACTO” means the nonprofit coalition
of major city and transit agencies that develops standards and policy for transportation
systems.
“National Pollutant Discharge Elimination System” or “NPDES” means the national program for
issuing, modifying, revoking, reissuing, terminating, monitoring and enforcing permits, and
imposing and enforcing pretreatment requirements, under Sections 307, 318, 402, and 405 of

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the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from
point sources. These permits are referred to as NPDES permits and, in Washington State, are
administered by the Washington Department of Ecology.
“Native vegetation” means vegetation comprised of plant species, other than noxious weeds,
that are indigenous to the coastal region of the Pacific Northwest and which reasonably could
have been expected to naturally occur on the site. Examples include trees such as Garry oak,
Douglas fir, western hemlock, western red cedar, alder, big-leaf maple, and vine maple; shrubs
such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern,
foam flower, and fireweed.
“New development” means land disturbing activities, including Class IV general forest practices
that are conversions from timber land to other uses; structural development, including
construction or installation of a building or other structure; creation of impervious surfaces;
and subdivision, short subdivision and binding site plans, as defined and applied in Chapter
58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new
development.
“New impervious surface” means the amount of surface area that is either converted from a
pervious surface to an impervious surface or upgraded to a less pervious surface than the
existing material. Refer to SWMMWW for examples and exclusions.
“Occupancy classification” means the purpose for which a building is used or intended to be
used. The term shall also include the building or room housing such use. Change of occupancy
is not intended to include change of tenants or proprietors. Refer to IBC 302.1 for full definition.
“Outfall” means point source as defined by 40 CFR 122.2 at the point where discharges leave
the MS4 and discharges to waters of the state and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances
which connect segments of the same stream or other waters of the state and are used to
convey waters of the state.
“Owner” means the owner of record of real property as shown on the tax rolls of the Pierce
County Assessor, or a person who is purchasing a piece of property under contract.
“Parade” means a march or procession consisting of people, animals, bicycles, vehicles, or any
combination thereof except funeral processions, upon any public street, highway, sidewalk,

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alley or publicly owned parking lot which does not comply with normal and usual traffic
regulations or controls.
“Parcel” means any portion, piece, or division of land; fractional part or subdivision of block,
according to plat or survey; portion of platted territory measured and set apart for individual
and private use and occupancy.
“Parking area” means an area accessible to vehicles, which area is provided, improved,
maintained, and used for the sole purpose of accommodating a motor vehicle.
“Paved road” means a road that has been treated or covered with asphalt to create an oil mat
surface; a road that has a bituminous surface treatment, asphalt, or cement concrete surface.
“Paved surface” means a minimum of two inches of hot mix asphalt per Washington State
Department of Transportation specifications, or six inches of Portland cement concrete.
“Percolation” means the downward or lateral movement of water through soil under either
saturated or unsaturated ground conditions.
“Permanent erosion control” means continuous on-site and off-site control measures that are
needed to control conveyance and/or the deposit of earth, turbidity, or pollutants after
construction or development.
“Person” means an individual, partnership, corporation, or other legal entity.
“Pervious surface” means any surface material that allows storm water to infiltrate into the
ground. Refer to SWMMWW for examples and exclusions.
“Plat” means a map or representation of a subdivision, showing thereon the division of a tract
or parcel of land into lots, blocks, streets, and alleys or other division and dedications.
“Pollution-generating hard surface” or “PGHS” means those hard surfaces considered to be a
significant source of pollutants in storm water runoff. Refer to SWMMWW for examples and
exclusions.
“Pollution-generating impervious surface” or “PGIS” means those impervious surfaces
considered to be significant sources of pollutants in storm water runoff. Refer to SWMMWW for
examples and exclusions.

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“Pollution-generating pervious surfaces” or “PGPS” means any pervious surface subject to
pollution generating activities. Refer to SWMMWW for examples and exclusions.
“Predeveloped condition” means the native vegetation and soils that existed at a site prior to
the influence of Euro-American settlement. The predeveloped condition shall be assumed to be
a forested land cover unless reasonable, historic information is provided that indicates the site
was prairie prior to settlement.
“Private-benefit encroachment” means an encroachment that primarily benefits an abutting
property owner, tenant, occupant, or private party by occupying or using public right-of-way for
temporary private access, landscaping, recreational, storage, or other private purposes.
“Private drainage system” means a system that is totally owned and maintained by an
individual, joint venture, partnership, corporation, or other legal entity.
“Private street” means a street which is owned, controlled, and maintained by one or more
property owners.
“Private street easement” means an easement or parcel which creates a legal source of access
from a public street to an existing or proposed lot or lots of record or project, across other
parcels of property.
“Private street maintenance” means the regular and continual preservation of the private street
and appurtenant features within the easement in an “as new” condition.
“Process wastewater” means any water which, during manufacture or processing, comes into
direct contact with or results from the production or use of any raw material, intermediate
product, finished product, byproduct, or waste product.
“Project engineer” means a professional civil engineer, currently licensed in the state of
Washington, retained by and acting on behalf of the applicant.
“Project site” means that portion of a property, properties, or right-of-way subject to land
disturbing activities, new impervious surfaces, or replaced impervious surfaces.
“Public drainage system” means a system that is owned by the City of Lakewood or exists
through accepted easements.
“RCW” means Revised Code of Washington.

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“Receiving waters” means bodies of surface water to which runoff is discharged via a point
source or via sheet flow. Ground water to which surface runoff is directed by infiltration. Refer
to SWMMWW for examples and exclusions.
“Reconstruction” means to comprehensively rebuild to a new condition with current design
criteria. Used to rebuild subgrade, roadway base, new roadway surface, roadway
appurtenances, signalization, signage, marking, lighting, trees and plantings, and may also
include replacement of utility lines located within the road right-of-way.
“Record drawings” means drawings that reflect changes made during the construction process,
recording differences between the original design and the completed structure.
“Recorded” means, unless otherwise stated, filed for record with the Auditor of the County of
Pierce, state of Washington.
“Redevelopment” means, on a site that is already substantially developed (i.e., has 35 percent or
more of existing hard surface coverage), the creation or addition of hard surfaces; the
expansion of a building footprint or addition or replacement of a structure; structural
development including construction, installation or expansion of a building or other structure;
replacement of hard surface that is not part of a routine maintenance activity; and land
disturbing activities.
“Replaced hard surface” means, for structures, the removal and replacement of hard surfaces
down to the foundation. For other hard surfaces, the removal down to bare soil or base course
and replacement.
“Replaced impervious surface” means, for structures, the removal and replacement of any
exterior impervious surfaces down to the foundation; or, for other impervious surfaces, the
removal down to bare soil, or base course, and replacement. Exemptions and partial
exemptions are defined in Appendix 1 of the City’s NPDES permit.
“Retention” means the process of collecting and holding surface and storm water runoff with no
surface outflow.
“Right-of-way” or “ROW” means that area of land dedicated for public road uses, including all
road appurtenances, secured by the city or the public for purposes of public traffic, drainage,
and/or franchised utilities.

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“Run” means an organized racing event comprised of 10 or more persons on foot, bicycles,
wheelchairs, beds, or any other nonmotorized vehicles or combinations thereof upon a public
street, highway, sidewalk, alley or publicly owned parking lot.
“Runoff” means that portion of the precipitation on a drainage area that is discharged in the
form of overland flow from the area to downhill properties, watercourses, or pipe systems.
“Safety concern” means geometric or design conditions on an existing, maintained City street
that does not meet the standards of these regulations or the City Engineering Standards
Manual.
“SEPA official” means the City staff person designated by the Director to carry out the duties
and responsibilities of the lead agency under the State Environmental Policy Act (SEPA), Chapter
43.21C RCW and Chapter 197-11 WAC. The SEPA official is responsible for making threshold
determinations, ensuring appropriate environmental review, maintaining SEPA records, and
coordinating with federal, state, local and tribal governments.
“Significant contributor” means a discharge that contributes a loading of pollutants considered
to be sufficient to cause or exacerbate the deterioration of receiving water quality or instream
habitat conditions.
“Site” means a lot, parcel, tract, or combination of lots, parcels, or tracts where a development
is proposed. Refer to SWMMWW for examples and exclusions.
“Site development permit” means a permit issued by the City of Lakewood authorizing the
applicant to access the property; fill, grade or create an impervious surface or any combination
thereof.
“Site-specific traffic” means that traffic generated by a development. This traffic volume(s) shall
be used to determine measures necessary to mitigate significant impacts on the City’s street
system.
“Slope” means an inclined earth surface, the inclination of which is expressed as the ratio of
horizontal distance to vertical distance.
“Soils engineer” means a professional civil engineer, licensed by the state of Washington, and
experienced and knowledgeable in geotechnical engineering.

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“Source control BMP” means a structure or operation that is intended to prevent pollutants
from coming into contact with storm water through physical separation of areas or careful
management of activities that are sources of pollutants. Refer to SWMMWW for details.
“Stockpiling” means the placement of material that will be removed within a six-month period
or material that is placed on the property of a licensed business for sale.
“Storm water” means the portion of precipitation and snowmelt that does not percolate into
the ground or evaporate, but flows via overland flow, interflow, pipes, and other features of a
storm water drainage system into a defined surface water body or construction infiltration
facility.
“Stormwater Management Manual for Western Washington” or “SWMMWW” or “DOE
Stormwater Manual” means the current version of the technical manual prepared by the
Washington State Department of Ecology for use by local governments that contains best
management practices (BMPs) to prevent, control, or treat pollution in storm water.
“Street frontage improvements” means the construction, reconstruction or repair of the
following right-of-way facilities:
1. Curbs, gutters and sidewalks;
2. Asphalt pavement and concrete pavement;
3. Storm drainage facilities;
4. Patching the street from its preexisting edge to the new curb line;
5. Overlayment of the existing public street to its centerline;
6. Relocating utilities as necessary;
7. Street frontage landscaping;
8. Street lights;
9. Other such improvements deemed necessary by the City Engineer and applicable LMC
titles.
“Structurally significant improvement” means an improvement or structure that has a
permanent foundation, footing, or slab; encloses habitable or occupiable space; requires
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significant excavation, grading, or reconstruction to install or remove; or cannot be removed
without substantial damage to the structure or right-of-way. The term does not include steps,
patios, decks, driveways, sheds, or similar minor removable improvements eligible for a Rightof-Way Encroachment Permit under LMC 12.06.090.
“Structure” means anything that is constructed in or on the ground or over water, including any
edifice, gas or liquid storage tank, and any piece of work artificially built up or composed of
parts and joined together.
“Subdivisions” means any division or redivision of land into lots, tracts, parcels, or sites for the
purpose of sale, lease, or transfer of ownership by formal plat, short plat, large lot division, or
planned development district, or other subdivisional process in accordance with Chapter 58.17
RCW and LMC Title 17.
“Surveyor” means a professional land surveyor, currently licensed in the state of Washington
and retained and acting on behalf of the applicant.
“Temporary encroachment” means an encroachment that is revocable, removable, and limited
in duration, and that does not functionally remove the public right-of-way from present or
future public use.
“Threshold discharge area” means an on-site area draining to a single natural discharge
location or multiple natural discharge locations that combine within a distance downstream (as
determined by the shortest flow path). Refer to SWMMWW for details.
“Total maximum daily load” or “TMDL” means a calculation of the maximum amount of a
pollutant that a water body can receive and still meet water quality standards, and an allocation
of that amount to the pollutant’s sources. A TMDL (also known as a water cleanup plan) is the
sum of the allowable loads of a single pollutant from all contributing point and nonpoint
sources. Refer to SWMMWW for details.
“Tract” means any parcel of land, lot, building site, or contiguous combination thereof devoted
to or intended to be devoted to a principal use and any other uses customarily accessory
thereto.
“Traffic impact analysis” or “TIA” means an in-depth analysis of the traffic generated by a new
development, redevelopment or increase of traffic-related trips due to change of use and its
impacts on the surrounding street system. Data shall be presented by a licensed engineer in
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Article II of Chapter 12.01 LMC, Definitions

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the state of Washington who has special training in and practices in the profession of traffic
engineering.
“Traffic impact area” means all public roads within an area which would be impacted by the
proposed project.
“Transportation mitigation fee” or “TMF” means a calculated fee charged for certain
development projects proposed in the Downtown Subarea Plan geographic area consistent
with the Downtown Subarea planned action environmental impact statement (EIS).
“Traveled way” means the improved driving surface of the road normally used by the traveling
vehicle.
“Trip generation analysis” means a reporting of the number of vehicular trips generated, both
average daily traffic (ADT) and p.m. peak hour, by proposed new development, redevelopment
or increase of traffic related trips due to change of use.
“Unopened right-of-way” means a City right-of-way that exists by dedication or deed, but for
which no vehicular roadway has been constructed by the City or other parties through an
approved City permitting procedure.
“Utilities” means public or private facilities including electrical substation, electrical generation
facilities, electrical transmission, energy storage, telephone, broadband, or communication
lines, pipelines, sewer lines, water lines, natural gas lines or similar transmission facilities,
natural gas distribution and storage facilities, storm water and sewage collection, conveyance,
and treatment facilities, waste disposal facilities, waste transfer facilities, and water supply and
treatment facilities.
“Vacation” of a street or alley means that the public is letting go of, or “vacating,” the public
interest in a property. After a street or an alley is vacated, the public no longer has a right to use
the property for access. Easements or other legal access requirements may be placed on the
property to ensure access to utilities or other services and shall be recorded in the county
parcel records.
“Variance” means a request for an exception to the requirements of this title or the Engineering
Standards Manual that does not meet the deviation criteria.

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“Water quality standards” means surface water quality standards, Chapter 173-201A WAC;
ground water quality standards, Chapter 173-200 WAC; and sediment management standards,
Chapter 173-204 WAC.
“Watercourse” means a river, stream, creek, or other course of flowing water which flows
intermittently or perennially and discharges into another watercourse or body of water.
“Waters of the state” means those waters as defined as “waters of the United States” in 40 CFR
Subpart 122.2 within the geographic boundaries of Washington State and “waters of the state”
as defined in Chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters,
underground waters, salt waters and all other surface waters and watercourses within the
jurisdiction of the state of Washington.
“Wetland” or “wetlands” means an area or areas that are inundated or saturated by surface
water or ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. “Wetlands” generally includes swamps, marshes, bogs, and similar areas. “Wetlands”
does not include those artificial wetlands intentionally created from nonwetland sites,
including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals,
detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or
those wetlands created after July 1, 1990, that were unintentionally created as a result of the
construction of a road, street, or highway. However, wetlands may include those artificial
wetlands intentionally created to mitigate conversion of wetlands.
“WSDOT” means Washington State Department of Transportation. [Ord. 846 § 1 (Att. A), 2026.]

The Lakewood Municipal Code is current through Ordinance 850, passed April 6, 2026.
Disclaimer: The city clerk’s office has the official version of the Lakewood Municipal Code. Users
should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited
above.
City Website: www.cityoflakewood.us
City Telephone: (253) 589-2489
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Hosted by General Code.

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Chapter 12.04 LMC, Permitting

Page 1 of 6

Chapter 12.04
PERMITTING
Sections:
12.04.010

General provisions.

12.04.020

Deviations.

12.04.030

Variances.

12.04.040

Site development permit.

12.04.050

Right-of-way permit.

12.04.060

Right-of-way vacation petition.

12.04.070

Oversize load permit.

12.04.080

Miscellaneous permits.

12.04.090

Inspections.

12.04.010

General provisions.

A. Permits shall be required for all construction and right-of-way usage activities regulated by
this title unless specifically exempted.
B. Permit Expiration and Closure.
1. Site Development. Issued site development permits shall become invalid unless the work
authorized by such permit is commenced within 365 days after its issuance or, if after
commencing, the work authorized by such permit is suspended or abandoned for a period
of 180 days.
a. Having required inspections performed and approved within every 180 days is
evidence that work has commenced and is continuing. Permits that do not receive a
required inspection within 180 days of permit issuance, or within 180 days since the
previous approved inspection, will be considered abandoned and shall automatically
expire.

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Chapter 12.04 LMC, Permitting

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b. If no action is taken within 180 days of the expiration date by the applicant/owner
to reactivate the permit, the permit will be closed. The applicant shall be responsible
for requesting a reactivation prior to the 180-day point.
c. If a permit has not been reactivated within the appropriate period of time, such
permit shall be considered closed and a new application shall be required. A closed
permit may not be reissued or reactivated.
2. Right-of-Way Single. Issued single right-of-way permits shall become invalid unless the
work authorized by such permit is commenced within 180 days after its issuance or, if after
commencing, the work authorized by such permit is suspended or abandoned for a period
of 90 days.
a. Having required inspections performed and approved within 90 days is evidence
that work has commenced and is continuing. Permits that do not receive a required
inspection within 90 days of permit issuance, or within 90 days since the previous
approved inspection, will be considered abandoned and shall automatically expire.
b. If no action is taken within 90 days of the expiration date by the applicant or owner
to reactivate the permit, the permit will be closed. The applicant shall be responsible
for requesting a reactivation prior to the 90-day point.
c. If a permit has not been reactivated within the appropriate period of time, such
permit shall be considered closed, and a new application shall be required. A closed
permit may not be reissued or reactivated.
3. Right-of-Way Annual. Issued right-of-way annual permits shall become invalid unless the
work authorized by such permit is commenced and completed within 365 days of issuance.
This permit type is not eligible for reactivation.
4. Right-of-Way Encroachment. Right-of-Way Encroachment Permits issued under Chapter
12.06 LMC are valid for the term specified in the permit, for a term of five (5) years from
the date of issuance, unless a shorter term is specified by the Director. Encroachment
permits are not automatically renewable. The permit remains temporary and revocable
throughout its term under this Title and issuance of a multi-year term conveys no vested
right or entitlement to continued occupation of the right-of-way.
a. An applicant seeking to continue an authorized encroachment beyond the permit
term must apply for renewal through the City online permit center no later than thirty

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Chapter 12.04 LMC, Permitting

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(30) calendar days before the permit expiration date. Any renewal period less than 30
days must be authorized by the Director.
b. Permit renewal is not a matter of right. The Director may approve, approve with
conditions, modify, or deny renewal based on the criteria in Chapter 12.06 LMC, permit
compliance history, public use needs, infrastructure needs and any changed site
conditions.
c. A Right-of-Way Encroachment Permit for which a timely renewal application has not
been submitted shall expire. Upon expiration, the permittee shall remove all
encroachments and restore the right-of-way to the satisfaction of the Director at the
permittee’s sole expense within thirty (30) calendar days, unless another time period is
authorized by the City in writing.
d. Expiration, revocation, or non-renewal of a Right-of-Way Encroachment Permit does
not release any obligation under a recorded Encroachment Agreement until all removal,
restoration, indemnification, fee, and cost-recovery obligations have been satisfied.
e. Expired Right-of-Way Encroachment permits are not eligible for reactivation; a new
application will be required.
C. Financial Guarantees. In accordance with Chapter 3.80 LMC, all construction activities within
City rights-of-way shall require a permit and the posting of a financial guarantee, unless the
Director or City Engineer determines such a guarantee to be unnecessary and waives this
requirement in writing.
Financial guarantees may be required for installation, maintenance, removal, or restoration
associated with a Right-of-Way Encroachment Permit where the Director or City Engineer
determines that a guarantee is necessary to protect the public right-of-way, public
infrastructure and public access.
D. Procedures. Pursuant to LMC 18A.20.020 and 18A.20.030, applications for permits subject to
this title shall be determined by the Director. Applications will be considered incomplete unless
all required documents are submitted and all applicable fees paid.
E. Professional Engineering and Surveying. All development proposals submitted in accordance
with this title for review and approval shall be prepared by a professional engineer registered in
the state of Washington. The City will review the engineer’s work for compliance with these
regulations. Should errors, omissions, or inaccurate data related to the engineer’s work come to
the City’s attention, the engineer shall agree to be responsible for correcting all substantive
deficiencies and shall agree to be responsible for any damages resulting from defective work
conducted in reliance upon the engineer’s work.

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Chapter 12.04 LMC, Permitting

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1. Prior to a development using or proposing to use an existing easement, the applicant
shall research and provide to the City all information applicable to that easement. An
affidavit shall be signed confirming all information was submitted to the best of the
applicant’s knowledge.
2. All surveying and staking shall be performed by or at the direction of a professional
land surveyor licensed by the state of Washington. Construction staking shall be sufficient
to allow the City Engineer to verify conformance to the approved plans.
F. Environmental Considerations. Environmental review requirements, exemptions, approvals,
rules and procedures shall be in accordance with Chapter 14.02 LMC.
G. Suspension or Revocation. The Director may suspend or revoke any permit issued in error or
on the basis of incorrect information supplied by the applicant. The Director may also suspend
or revoke any permit when the applicant fails to comply with the conditions of the permit
approval. Any permit applicant aggrieved by the Director’s decision to suspend or revoke a
permit may appeal this action as provided in LMC 12.02.050. [Ord. 846 § 1 (Att. A), 2026.]

12.04.050

Right-of-way permit.

A. General. City right-of-way shall not be blocked, occupied, privately improved or used for
access or other purposes unless a permit has been issued for such use.
B. Permit Required. A right-of-way permit is required before any person commences to grade
or stockpile material; alter, construct, repair, remove, excavate, place, obstruct, damage or
disturb any structure, utility, facility or improvement located in the public right-of-way; or
commence any other activity that interferes with the free use of the public right-of-way.
1. An annual right-of-way permit for certain activities may be granted by the City Engineer.
C. Roadside Memorials. All public or private roadside memorials within the public right-of-way
must be approved by the Planning and Public Works Director or designee or will be subject to
removal.

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Chapter 12.04 LMC, Permitting

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1. For applicants seeking to place a roadside memorial partially within or encroaching
upon any real property outside the City’s right-of-way, the applicant must include signed
written consent from the owner of such real property.
2. If the City approves a permit application, the applicant shall be responsible for all costs
of fabricating an approved roadside memorial.
D. No Rights Conveyed. Permits issued pursuant to this section shall not be construed to convey
any vested private right or ownership interest in any City right-of-way. Every right-of-way permit
shall state on its face that any City right-of-way subject to the permit shall be open to use by the
general public except in those cases where specific conditions require the closure of the rightof-way to the public for safety reasons.

E. Relationship to Right-of-Way Encroachment Permit. A single or annual right-of-way permit
authorizes construction, repair, maintenance, removal, traffic control, or other temporary
work activity within the right-of-way. It does not authorize a temporary, revocable
improvement, object, structure, or use to remain in the right-of-way after the permitted
work is completed.
A Right-of-Way Encroachment Permit under LMC 12.06.090 is required when an applicant
seeks to place, maintain, or continue a private or community-benefit improvement, object,
structure, or use within the right-of-way on a temporary sustained, recurring, or continuing
basis.
Where construction activity is necessary to install, modify, maintain, or remove an
encroachment, both permits may be required: a right-of-way permit for the work activity
and a Right-of-Way Encroachment Permit for the continuing presence or use of the
encroachment. Issuance of one permit does not constitute approval of the other.

[Ord. 846 § 1 (Att. A), 2026.]

12.04.090

Inspections.

A. All activity regulated under this title, including any permitted encroachments, shall be
subject to inspection by the Director or designee. Work, improvement and encroachments and
shall remain accessible and exposed for inspection purposes until approved by the Director or
designee. Inspections review for compliance with issued plans, permit conditions, safety
requirements, maintenance obligations, and removal or restoration requirements. The

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Chapter 12.04 LMC, Permitting

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applicant, engineer of record, contractor or project representative shall be responsible for
scheduling inspections in a timely manner with the City and applicable utility provider.
B. Approval of inspected work shall not be construed to be an approval of a violation of the
provisions of this code or other provisions of the LMC. Inspections presuming to give authority
to violate or cancel the provisions of this code or of other ordinances of the City shall not be
valid.
C. It shall be the duty of the applicant, project engineer of record, contractor or project
representative to cause the work to remain accessible and exposed for inspection purposes.
The applicant shall be liable for any expense entailed in the removal or replacement of any
material required to allow inspection.
D. Failure to receive the City’s approval may result in removal or modification of construction
at the applicant’s expense to bring the work into conformance with approved plans. [Ord. 846 § 1
(Att. A), 2026.]

The Lakewood Municipal Code is current through Ordinance 850, passed April 6, 2026.
Disclaimer: The city clerk’s office has the official version of the Lakewood Municipal Code. Users
should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited
above.
City Website: www.cityoflakewood.us
City Telephone: (253) 589-2489
Hosted by General Code.

The Lakewood Municipal Code is current through Ordinance 850, passed April 6, 2026.
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Chapter 12.05 LMC, Dedications, Vacations, and Easements

Page 1 of 5

Chapter 12.05
DEDICATIONS, VACATIONS, AND EASEMENTS AND AGREEMENTS
Sections:
Article I.
Dedications
12.05.010

General provisions.

12.05.020

Dedication of land for right-of-way.

12.05.030

Private to public street dedication.
Article II.
Vacations

12.05.200

Authority.

12.05.210

Initiation of vacation.

12.05.220

Petition for vacation.

12.05.230

Hearing procedures.

12.05.240

Limitation on vacations of streets abutting bodies of water.

12.05.245

Prohibition on vacation of lake-terminating street ends.

12.05.250

Vacation by ordinance.

12.05.260

Compensation for vacation.

12.05.270

Recording with County Auditor.
Article III.
Easements

12.05.300

Easements.

Article II.
Vacations

12.05.245 Prohibition on vacation of lake-terminating street ends.
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A. Prohibition. Notwithstanding any other provision of this article, the City shall not vacate
any street, alley, street end, or unopened right-of-way, or any portion thereof, that is a
lake-terminating right-of-way as defined in LMC 12.01.070. No petition for vacation of a
lake-terminating right-of-way shall be accepted for filing, deemed complete, or further
processed and no resolution initiating such a vacation shall be adopted.
B. Findings. Lake-terminating rights-of-way are irreplaceable public assets providing existing
and potential public access, views, and recreational connection to the City’s lakes.
Retention of all lake-terminating rights-of-way in public ownership is necessary to
preserve present and future public use, consistent with the City’s comprehensive plan,
shoreline master program and Parks Legacy Plan.
C. Relationship to State Law and LMC 12.05.240. This section is in addition to, and more
restrictive than, RCW 35.79.035 and LMC 12.05.240. Nothing in Chapter 35.79 RCW, RCW
35A.47.020, or LMC 12.05.240 obligates the City to vacate any right-of-way, and the City
Council retains full legislative discretion to decline any vacation. Where this section
conflicts with LMC 12.05.240, this section controls.
D. Alternative Authorization. Continued or proposed private-benefit or community-benefit
use of a lake-terminating right-of-way may be sought only through a Right-of-Way
Encroachment Permit under LMC 12.06.090, subject to heightened review under
Chapter 12.06 LMC. Any such use remains temporary and revocable and no
encroachment permit, Encroachment Agreement, or period of use creates any right to,
or expectation of, vacation.

Article IV.
Right-of-Way Encroachment Agreement
12.05.400 Encroachment Agreements.

12.05.400

Encroachment Agreements.

A. Purpose. The City shall require a Right-of-Way Encroachment Agreement as a condition
of issuance of any Right-of-Way Encroachment Permit under LMC 12.06.090. The
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agreement shall establish the legal obligations of the permittee and, where applicable,
successors in interest, including indemnification, insurance, maintenance, modification
restrictions, removal, restoration, and cost-recovery obligations.

B. Agreement Required. No Right-of-Way Encroachment Permit shall be issued until the
permittee has executed an Encroachment Agreement in a form approved by the City
Attorney. The agreement shall be recorded before permit issuance and recorded copy
provided to the City. The Encroachment Agreement supplements and does not replace
the associated Encroachment Permit.

C. Form. The City Attorney shall prepare and maintain a minimum standard Encroachment
Agreement form. The Director, in coordination with the City Attorney, may require
additional terms where necessary based on the location, scale, risk, duration, or public
access implications of the proposed encroachment.

D. Recording Requirements. Encroachment Agreements for private-benefit encroachments
shall be recorded against the title of the applicants abutting property before permit
issuance unless the Director determines that recording is unnecessary due to the
temporary, minor, or low-risk nature of the encroachment. Recording and release costs
shall be borne by the applicant.
E.

Community-Benefit Encroachments. For community-benefit encroachments, the Director
may waive recording of the agreement where the encroachment primarily serves a
public purpose and recording is impractical or unnecessary to protect the City’s
interests. In such cases, the executed agreement shall be retained in the permit record
and the Director may require notice to affected property owners or responsible
organizations.

F.

Required Contents. Every Encroachment Agreement shall include, at minimum,
provisions addressing:
1. Identification of the permittee and affected property;
2. A description of the encroachment;
3. Acknowledgment that the right-of-way remains public property and that the
agreement conveys no ownership interest or vested right;
4. Maintenance and repair obligations of the permittee;
5. Prohibition on modification or expansion of the encroachment without City
approval;
6. Removal and restoration obligations upon permit expiration, revocation, or
termination;
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7. Indemnification and insurance requirements;
8. No right to compensation upon revocation or non-renewal; and
9. Provisions binding successors and assigns where applicable.
G. Effect of Agreement. Execution or recording of an Encroachment Agreement does not
convey any ownership interest, easement, vested right, or other property right in the
public right-of-way; does not substitute for any other permit or approval required by
law; does not limit the City’s authority to regulate, improve, maintain, reclaim, or use
the right-of-way; and does not create any right or expectation that the right-of-way will
be vacated.
H. Amendment. The Director may require amendment or replacement of an Encroachment
Agreement upon a change in ownership, permittee, encroachment conditions, or
permit requirements. Any amendment to a recorded agreement shall be recorded at
the permittee's expense.
I.

Change in Ownership or Permittee. The permittee shall notify the City of any change in
ownership, responsible party, or material encroachment condition. The Director shall
require amendment, replacement, or re-recording of an Encroachment Agreement
upon a change in ownership, permittee, encroachment condition, or permit
requirement.

J.

Termination and Release. An Encroachment Agreement terminates upon removal of the
encroachment and satisfaction of all permit obligations, or upon vacation of the
affected right-of-way if so provided by ordinance. Upon written request and verification
that all obligations have been satisfied, the City shall execute any document reasonably
necessary to release a recorded Encroachment Agreement. Release costs shall be
borne by the permittee or property owner.

The Lakewood Municipal Code is current through Ordinance 850, passed April 6, 2026.
Disclaimer: The city clerk’s office has the official version of the Lakewood Municipal Code. Users
should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited
above.
City Website: www.cityoflakewood.us
City Telephone: (253) 589-2489

The Lakewood Municipal Code is current through Ordinance 850, passed April 6, 2026.
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Chapter 12.05 LMC, Dedications, Vacations, and Easements

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Hosted by General Code.

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Chapter 12.06 LMC, Right-of-Way Use

Page 1 of 9

Chapter 12.06
RIGHT-OF-WAY USE
Sections:
12.06.010

Purpose.

12.06.020

General provisions.

12.06.030

Unpermitted objects or activity.

12.06.040

Illegal dumping.

12.06.050

Utilities.

12.06.060

Events.

12.06.070

Cluster style mailbox requirements.

12.06.080

Roadside memorials.

12.06.010

Purpose.

The purpose of this chapter is to regulate activities occurring within the public right-of-way.
These provisions are intended to ensure public safety, protect the integrity of City
infrastructure, and establish consistent requirements for accommodating non-transportation
uses of the right-of-way deemed to be in the public interest. These provisions also establish a
revocable encroachment permit through which the City may authorize limited, temporary and
revocable use of public rights-of-way, subject to conditions that preserve public access, protect
the integrity of City infrastructure and maintain City control over public property. Encroachment
permits do not substitute for the street vacation process under LMC Chapter 12.05, Article II.
[Ord. 846 § 1 (Att. A), 2026.]

12.06.020

General provisions.

A. Permit Required. No person, organization, or agency shall place, erect, or install any object of
any nature whatsoever within a City right-of-way without a right-of-way permit issued by the
Department. A copy of the issued permit and approved plans shall remain on site during the
duration of the work for inspection.

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B. Notification Required. At the time of application for a right-of-way permit, the applicant shall
notify all other public and private utility entities known to be using or proposing to use the
same right-of-way of the proposed timing of such construction. The applicant shall include the
City in the correspondence to the public and private utilities. Within seven days of receiving this
notification, any such entity notified may request a delay of the proposed construction to
coordinate other right-of-way construction with the applicant.
The City Engineer may approve a delay of up to 90 days, except in case of emergencies, if they
determine that such delay will reduce the inconvenience to City street users from construction
activities and that the delay will not create undue economic hardship on the applicant. The City
Engineer shall also coordinate the approval with City street improvements and maintenance
and may also delay the construction under the same circumstances.
C. Equipment and Material Storage. During non-working hours all project sites are to be left in a
manner that allows the public to safely use all rights-of-way. Equipment and materials are not
allowed in the right-of-way during non-working hours unless they are placed in a safe location
or protected by permanent guardrails, lighted barricades, or temporary concrete barriers. The
use of temporary concrete barriers in the right-of-way is permitted only if the City Engineer
approves the installation and location. During work hours, only materials or equipment
necessary for construction are allowed in the right-of-way or roadway. [Ord. 846 § 1 (Att. A), 2026.]
D. Encroachment Permits. Where an applicant seeks sustained, recurring, or continuing use of
City right-of-way beyond routine construction activity, a Right-of-Way Encroachment Permit
under LMC 12.06.090 is required. Where the proposed use is effectively permanent, exclusive,
intensive, or would substantially remove the right-of-way from present or future public use, the
Director shall direct the applicant to pursue the street vacation process under Chapter 12.05
LMC rather than, or in addition to, an encroachment permit. The City right-of-way that
terminates at a lake is not eligible for a vacation. Where vacation is prohibited under Chapter
12.05 LMC, including for street ends terminating at lakes, the proposed use shall be denied or
reduced to a scope eligible for an Encroachment Permit.

12.06.030

Unpermitted objects or activity.

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Chapter 12.06 LMC, Right-of-Way Use

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A. Unauthorized Objects. Any object placed within a City right-of-way without written permission
of the City Engineer is declared illegal and a public nuisance; provided, that this section shall not
apply to mailboxes and attached newspaper boxes placed on the right-of-way, where these are
placed as far removed from the driving portion of the right-of-way as possible, except that said
placement shall be subject to approval of the City Engineer. This section does not apply to
encroachments that are the subject of a valid right-of-way Encroachment Permit issued under
this Title.
B. Responsibility. The adjoining property owner, or any person placing any object or doing any
work within the right-of-way in violation of these regulations, shall be responsible for the
removal of the object and repair of the right-of-way to the satisfaction of the City Engineer
within 48 hours of receipt of written notice from the City.
C. Removal. If the object is not removed or work repaired within 48 hours and it unreasonably
hampers or prevents the proper use of the right-of-way, it may be removed by the City at the
cost of the person(s) placing the object or working in the right-of-way. The notice requirement
may be waived and the object may be immediately removed by the City if it presents an
immediate threat of physical harm to persons or property.
D. Penalties. Placing an object or obstruction within the right-of-way or failing to remove an
object or work from a right-of-way after notice that such object or work must be removed is a
misdemeanor crime, punishable by imprisonment in jail for a term of up to 90 days, by a fine of
up to $1,000, or by both such imprisonment and fine, when such object or work hampers or
prevents proper use of the right-of-way. The property owner or person responsible for
obstructing or placing an object in the right-of-way shall be responsible for the costs of such
removal.
Any object or encroachment in the right-of-way which does not interfere with the proper and
legitimate use of such right-of-way constitutes a Class 2 civil infraction as defined in LMC
1.48.010, punishable by a fine of up to $500.00. Each day, location, violator and incident shall
constitute a separate civil infraction. [Ord. 846 § 1 (Att. A), 2026.]

12.06.090 Right-of-Way Encroachment Permit.

The Lakewood Municipal Code is current through Ordinance 850, passed April 6, 2026.
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Chapter 12.06 LMC, Right-of-Way Use

Page 4 of 9

A. Purpose. The purpose of this section is to establish a revocable, temporary permit
authorizing limited use of public right-of-way where such use is incidental to abutting
property or otherwise approved by the City and does not conflict with present or future
public use of the right-of-way. Nothing in this section conveys a vested property interest,
limits the City’s authority to reclaim or use right-of-way for public purposes, or substitutes
for the street vacation process under Chapter 12.05 LMC.
B. Applicability. A Right-of-Way Encroachment Permit is required for any sustained,
recurring, or continuing private-benefit or community-benefit use, installation, object,
improvement, or structure located wholly or partially within City right-of-way, including but
not limited to:
1. Fences, walls, gates, or hedges placed wholly or partially within the right-of-way;
2. Landscaping, irrigation systems, or vegetation installed beyond the property line
within the right-of-way;
3. Steps, patios, decks, driveways or driveway extensions, sheds or similar small
removeable accessory structures or minor removeable structural improvements.
Minor structural improvements do not exceed 400 square feet in area, are not
structurally significant and without significant excavation or reconstruction;
4. Removable recreational improvements or waterfront-related amenities; and
5. Any other temporary, removable, or continuing encroachment of right-of-way as
determined by the Director.
C. Exclusions. A Right-of-Way Encroachment Permit does not authorize permanent buildings,
permanent foundations, permanent utility structures, structurally significant improvements
or structures, private storage, or the exclusive private occupation of public access areas.
The Director may also determine that a proposed improvement, structure, object, or use is
not eligible for an Encroachment Permit if it is effectively permanent, not readily removable,
inconsistent with public use of the right-of-way, or more appropriately should be reviewed
through the street vacation process or another City permit.
D. Relationship to Other City Permits. Where applicable, an Encroachment Permit does not
substitute for any other permit or approval required by federal, state, or local law, including
but not limited to a right-of-way permit for construction, site development permit, building
permit, shoreline permit, floodplain approval, utility approval, or environmental review.
Where another permit is required, the Director may withhold issuance of the Encroachment
Permit until all other required approvals have been issued.

The Lakewood Municipal Code is current through Ordinance 850, passed April 6, 2026.
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Chapter 12.06 LMC, Right-of-Way Use

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E. Application Requirements. A complete application shall be submitted through the City
online permit center on forms prescribed by the Director and shall include, at minimum:
1. Site plan;
2. Written description of the encroachment including materials, dimensions, and date
of installation and proposed maintenance;
3. Photos of existing conditions
4. Evidence of any prior City or Pierce County authorization, if claimed;
5. Utility locate or utility conflict information where applicable;
6. Drainage, grading, or vegetation information where applicable;
7. Written owner consent where the applicant is not the abutting property owner;
8.

Certificate of insurance naming the City as additional insured;

9. Signed Encroachment Agreement per Chapter 12.05 LMC; and
10. Payment of applicable fees per the City fee schedule.
E. Evaluation Criteria. The Director may approve an Encroachment Permit only if the
proposal satisfies all applicable criteria:
1. Does not obstruct, impair, or conflict with the safe movement of pedestrian, bicycle,
transit, vehicular or emergency vehicle access;
2. Does not conflict with existing or planned public utilities, drainage facilities, or other
right-of-way improvements;
3. Does not unreasonably diminish public access to or view of any public water body,
park, or open space;
4. Does not create a public safety hazard;
5. Consistent with the City's comprehensive plan, subarea plans, Parks Legacy Plan,
and any applicable city plans and adopted by City Council policies;
6. Compatible with the long-term public interest in preserving the public right-of-way;
7. Does not warrant referral to the street vacation process under Chapter 12.05 LMC,
Article II; and
8. Is temporary, removable and appropriate for the encroachment permit process.
F. Lake-Terminating Rights-of-Way. No new encroachment shall be approved or permitted
within a lake-terminating right-of-way or street end. For existing encroachments within laketerminating rights-of-way or street ends, the Director shall apply heightened review to
preserve public access, public views, shoreline use, recreation opportunities and future
public improvements. No existing encroachment may be authorized or continued if it
precludes, substantially interferes with, or privatizes public access to the shoreline or water
body. Existing encroachments may be considered for temporary authorization only if
documented, removable and consistent with public access and safety. Street ends or rightsThe Lakewood Municipal Code is current through Ordinance 850, passed April 6, 2026.
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Chapter 12.06 LMC, Right-of-Way Use

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of-way terminating at lakes are not eligible for street vacation pursuant to LMC 12.05.245,
and no encroachment, Encroachment Agreement, or period of authorized or unauthorized
use creates any right to, or basis for, vacation of the right-of-way.
G. Legacy or Pre-Incorporation Encroachments. Prior City or Pierce County authorization may
be considered by the Director but does not create a vested right to continue an
encroachment. The Director may apply a documentation hierarchy as follows:
1. written City or County permit or approval creates a presumption of eligibility, subject
to current safety, access, utility, shoreline, and public use requirements;
2. evidence of County knowledge, City knowledge, or long-standing public records may
be considered but does not create automatic eligibility;
3. undocumented encroachments shall be reviewed as new encroachments; and
4. any encroachment that materially impairs safety, drainage, utilities, public access,
shoreline access, or public use may be required to be modified or removed
regardless of age.
H. Permit Conditions. Every approved Encroachment Permit shall include at minimum the
following conditions:
1. Maintenance in a safe, clean and orderly condition;
2. Insurance and indemnification as required by the City;
3. Payment of permit fees, occupation fees, renewal, inspection and other applicable
fees per the City’s fee schedule;
4. No modification, relocation, expansion or reconstruction without prior City
authorization;
5. Access for City inspection;
6. Adherence to the terms and conditions of the Encroachment Agreement;
7. Removal of all encroachments at permittee's expense upon revocation or expiration;
and
8. Compliance with all other applicable permits and approvals.
Where applicable, the Director or City Engineer may require additional conditions of
approval depending on the proposed scope and scale or site-specific circumstances.
I. Term and Renewal. Encroachment Permits shall be issued and renewed consistent with
Chapter 12.04 LMC.

The Lakewood Municipal Code is current through Ordinance 850, passed April 6, 2026.
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Chapter 12.06 LMC, Right-of-Way Use

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J. Fees. The applicant shall pay applicable application, renewal, inspection, recording,
release, occupation, and other related cost-recovery fees as established by the City’s fee
schedule. Annual occupation fees may account for square footage occupied, location,
private or community benefit, type and intensity of use, structural or nonstructural
character, waterfront or access value, and administrative costs. The Director may waive or
reduce annual occupation fees for community-benefit encroachments where authorized by
the fee schedule.
COUNCIL POLICY | Occupation Fee Structure

OPTION / MECHANISM

TRADEOFFS & CONSIDERATIONS

Option A

One flat annual fee for all permits regardless of

Simplest to administer. Downside: does not

(Single

size, type, or location eg $500/year.

reflect actual value of ROW used; may

Flat Fee)

undercharge waterfront encroachments.

Option B

Fee = Area (sq ft) x Rate/sq ft/year e.g $2-$5/sq

Proportionate to ROW area. Simple to

(Area-

ft/year.

calculate. Downside: does not capture land

Based

value variation.

Formula)
Option C

Fee = Assessed Land Value/sq ft x

Most equitable; auto-adjusts with assessed

(Land

Encroachment Area x Use Factor. Factors:

value. Downside: most complex to

Value

Structural=1.0, Landscaping=0.5, Driveway=0.75,

administer.

Formula)

Water access/moorage=1.25, Community
benefit=waived.

Option D

Landscaping/vegetation: $150/yr Fence or wall:

Middle ground. Simple to explain and update

(Tiered

$250/yr Driveway extension: $350/yr Structural

by fee schedule amendment. Downside:

Flat Fee)

(deck, steps): $500/yr Water access or moorage:

categories may not capture all types.

$750/yr Community benefit: could be waived
(All amounts are just examples; final fees set by
Council in fee schedule resolution.)

K. Referral to Street Vacation. The Director shall refer an applicant to the street vacation
process and may decline further processing of an Encroachment Permit where the
proposed use is of such scale, permanence, exclusivity, intensity, or duration that it
would effectively remove the right-of-way from public use. Referral factors include
whether the encroachment would occupy the majority of usable right-of-way, preclude
public access, require permanent construction, be practically irremovable orconflict with
planned public improvements. Referral to the street vacation process is not available
for a lake-terminating right-of-way, pursuant to Chapter 12.05 LMC.

The Lakewood Municipal Code is current through Ordinance 850, passed April 6, 2026.
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Chapter 12.06 LMC, Right-of-Way Use

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L. Decisions and Reconsideration. Decisions on Right-of-Way Encroachment Permits are
administrative decisions made by the Director. Following the City’s decision, an applicant or
permittee may appeal the decision to the Hearing Examiner in accordance with LMC
12.02.050 and LMC 1.36.115.
M. Revocation. The Director may immediately revoke an Encroachment Permit if the
encroachment poses an imminent threat to public life, health, safety, emergency access,
utilities, drainage, or City infrastructure. If no immediate threat, the Director may revoke a
permit upon thirty (30) days’ written notice if the right-of-way is needed for public use, the
permittee violates permit conditions, insurance lapses, the encroachment is modified
without approval, continued authorization is inconsistent with approval criteria, a vacation
petition or public project affects the site, or removal is otherwise in the public interest.
N. Removal, Restoration, and Cost Recovery. Upon expiration, revocation, non-renewal, or
termination, the permittee shall remove the encroachment and restore the right-of-way
within the time specified by the Director. If the permittee fails to do so, the City may
perform the work and recover all costs from the permittee and, where allowed, the property
owner or financial guarantor. City removal does not waive any other enforcement remedy.
O. No Property Rights Conveyed. No Encroachment Permit shall be construed as conveying
ownership, easement, vested right, exclusive use, or permanent entitlement in any City
right-of-way. The permit is a temporary, revocable authorization and does not constitute a
step toward, or entitlement to, vacation of the right-of-way.
P. Shoreline Coordination. If an Encroachment Permit is requested within shoreline
jurisdiction under RCW 90.58 and Chapter 16.10 LMC, the applicant shall separately apply
for and obtain any required shoreline permits or approvals. The Encroachment Permit may
not be approved or issued until all applicable shoreline permits or approvals have been
granted.

The Lakewood Municipal Code is current through Ordinance 850, passed April 6, 2026.
The Lakewood Municipal Code is current through Ordinance 850, passed April 6, 2026.
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Chapter 12.06 LMC, Right-of-Way Use

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Disclaimer: The city clerk’s office has the official version of the Lakewood Municipal Code. Users
should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited
above.
City Website: www.cityoflakewood.us
City Telephone: (253) 589-2489
Hosted by General Code.

The Lakewood Municipal Code is current through Ordinance 850, passed April 6, 2026.
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Right-of-Way
Encroachment
Permit Framework
Preliminary Draft Code Amendments | LMC 12.01, 12.04, 12.05, 12.06
Council Study Session | August 10, 2026
Jeff Rimack, Director, Planning & Public Works
Angie Silva, Assistant Director, Planning & Public Works

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Purpose

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Council direction May 18, 2026
Council requested the Department prepare code amendments and a permit framework
for temporary and revocable encroachments within public rights-of-way.

What is included

TONIGHT'S ASK

Initial Council
feedback on the
preliminary draft
framework

Preliminary draft amendments to LMC Title 12 (Public Works)

What comes next
Any development regulation amendments must move through public notice, agency
notification, and Planning Commission review and recommendation before Council final
action.

No formal action is requested at
this study session.

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What the framework is built to do
SIX ORGANIZING PRINCIPLES OF THE PRELIMINARY DRAFT

Keep the right-of-way public

Allow limited, temporary use

Apply consistent criteria

Maintains public ownership of all public
rights-of-way.

Permits temporary, revocable
encroachments where appropriate.

Establishes evaluation criteria and
minimum standard permit conditions.

Convey no property rights

Preserve removal authority

Protect lake street ends

No vested right, ownership interest, or
entitlement to a future vacation.

The City may require removal when the
right-of-way is needed for public use.

Lake-terminating rights-of-way are
preserved as public assets.

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Four chapters of LMC Title 12 are amended
PRELIMINARY DRAFT

LMC

LMC

LMC

LMC

12.01

12.04

12.05

12.06

Definitions

Permitting

Vacations &
Agreements

Encroachment Permit

Adds six terms, including laketerminating right-of-way,
effectively permanent use, and
structurally significant
improvement.

Establishes permit duration
and renewal; distinguishes
construction permits from
continuing encroachment
permits; authorizes financial
guarantees and inspections.

Prohibits vacation of laketerminating rights-of-way and
requires a recorded
Encroachment Agreement
covering insurance,
indemnification, maintenance,
and removal.

Creates the permit itself, the
application, eligibility,
exclusions, legacy review,
conditions, appeals, revocation,
and shoreline coordination.

Attached: full preliminary draft of all four chapters in tracked changes.

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At a glance
CORE PARAMETERS IN THE PRELIMINARY DRAFT

5

years

Maximum permit term
Director may set a shorter term. LMC
12.04.010(B)(4)

400

sq. ft.

Minor structure ceiling
Above this, or if structurally significant, it is
not eligible. LMC 12.06.090(B)(3)

30

days

Renewal filing deadline
Renewal is discretionary, not a matter of
right. LMC 12.04.010(B)(4)(a)–(b)

Administrative decision

Recorded agreement required

Temporary and revocable

Decided by the Director; appealable to the
Hearing Examiner under LMC 12.02.050
and 1.36.115.

No permit issues until an Encroachment
Agreement in a City Attorney approved
form is executed and recorded.

Revocable immediately for imminent
threats, or on 30 days' notice when the
right-of-way is needed.

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What can and cannot be permitted
LMC 12.06.090(B) APPLICABILITY AND (C) EXCLUSIONS

May be considered

Not eligible

▪

Fences, walls, gates, or hedges

▪

Permanent buildings or foundations

▪

Landscaping, irrigation, or vegetation

▪

Permanent utility structures

▪

Steps, patios, decks, driveway extensions

▪

Structurally significant improvements

▪

Sheds and similar minor removable structures

▪

Private storage

▪

Removable recreational or waterfront amenities

▪

Exclusive private occupation of public access areas

The dividing line: minor structural improvements must not exceed 400 square feet, must not be structurally significant and must not
require significant excavation or reconstruction. The Director may also find a use ineligible if it is effectively permanent, not readily
removable, or inconsistent with public use of the right-of-way.

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Lake-terminating street ends

Vacation is prohibited

No new encroachments

Heightened review of
existing uses

New LMC 12.05.245 bars vacation of any
lake-terminating right-of-way. No
petition may be accepted, deemed
complete or processed. More restrictive
than RCW 35.79.035 and LMC 12.05.240.

Under LMC 12.06.090(F), no new
encroachment may be approved within a
lake-terminating right-of-way or street
end.

Existing encroachments face heightened
review and may be authorized only if
documented, removable and consistent
with public access and safety.

No encroachment permit, Encroachment Agreement, or period of use, authorized or unauthorized, creates any right to, or basis for,
vacation of the right-of-way.

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What the preliminary draft does not do
Sell or transfer ownership of public rights-of-way

Vacate rights-of-way or street ends

Create permanent private property rights

Guarantee approval of existing or future
encroachments

Eliminate the City's authority to require removal for
public use

Propose changes to the City's Fee Schedule

Note: the draft code authorizes permit, renewal, inspection, recording, and occupation fees, but sets no dollar amounts. Fee amounts
remain a separate Council action by fee schedule resolution.

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Council policy discussion
PAYMENT OF OCCUPATION FEE — LMC 12.06.090(J)

A

B

C

D

Single flat fee

Area-based formula

Land value formula

Tiered flat fee

One annual fee for every
permit, regardless of size, type,
or location.

Area occupied multiplied by a
rate per square foot per year.

Assessed land value per
square foot × area × a use
factor.

Set rates by encroachment
type, from landscaping
through water access.

Simplest to administer but does
not reflect the value of the rightof-way used.

Proportionate and easy to
calculate but does not capture
land value variation.

Most equitable and self-adjusting
but the most complex to
administer.

Simple to explain and update —
but categories may not capture
every use.

For discussion only. Final fee amounts are set by Council in separate fee schedule resolution.

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Next steps

REQUIRED PROCESS FOR DEVELOPMENT REGULATION AMENDMENTS

1

2

3

4

5

Council feedback

SEPA review

Commerce notice

Planning
Commission

Council action

Staff incorporates
tonight's direction into
revised draft
amendments.

Complete
environmental review
and issue a threshold
determination.

Submit the 60-day
Notice of Intent to
Adopt to the
Department of
Commerce.

Public notice, public
hearing, deliberation,
and recommendation
to Council.

Council consideration
and final action on the
amendments.

Requested tonight: Council initial feedback on the preliminary draft framework prior to Planning Commission review and
consideration.

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TO:
FROM:
DATE:
SUBJECT:
ATTACHMENT:

Mayor, Deputy Mayor, and City Council
Doug Russell, City Manager
August 10, 2026
City Council Retreat Follow-Up
Lakewood City Council Goals 2025-2026

The City Council held a goal setting retreat on Saturday, April 18, 2026, to identify, discuss
and prioritize key goals for the 2027-2028 biennium.
As part of the retreat discussion, the City Council reviewed the four goals from the previous
session conducted in March of 2024 and subsequently adopted in August of 2024 to guide
activities for the 2025-2026 biennium. The City Council reaffirmed the general intent to
maintain the four previously established goals, with some additional areas of interest
expressed. The four reaffirmed goals are as follows:
1. Downtown Park and Multi-Generational Community Center Development
2. Public Safety
3. Parks & Lakes Access
4. Downtown and Lakewood Station District Subareas Revitalization for Sustainable
Growth
In addition to these four goals, the previously adopted goal program identified a
commitment to the following areas. There was no discussion at this year’s retreat
suggesting removing any of these areas.
•
•
•
•
•
•
•
•
•
•
•
•

Financial stewardship;
Community engagement and transparency;
Regional and statewide leadership and partnership;
Ensuring a safe city;
Economic development to attract and create jobs;
Environmental protection and preservation;
Supporting human services, housing and homelessness;
Commitment to diversity, equity, inclusion and belonging;
Recognizing the value and importance of JBLM and Camp Murray;
Rebuilding our roadway system and adding sidewalks for pedestrian and bicycle
access;
The City’s strong leadership to improve parks; and
Providing a wide range of community events and youth programming.

At the retreat in April of 2026, the City Council had consensus on the following additional
areas of specific areas of interest to incorporate into the goal program:
1

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•

•
•
•

•
•
•
•
•
•
•
•
•
•

Multi-generational facility/Community Center- take a focused approach on
determining the best location and configuration for a multi-generations community
center, maximizing public access, operations efficiency and alignment with longterm goals. This could include partnerships with existing government facilities or a
new facility.
Bridgeport Drive- Initiate planning for improvements to Bridgeport Way as an
instrumental component of the Downtown Re-development efforts.
Legacy Plan- Future park investments were discussed as a priority and the desire to
emphasize discussion of those areas with the 2026 Legacy Plan.
Open Space Partnerships- Investigate and evaluate partnerships with the school
district for enhancement of public accessibility and recreational use at existing
open space areas, such as the former Lake City Elementary School site.
Water Access- Continue to implement initiatives that address public access to
street ends and water access for the community.
Conservation Futures- Explore opportunities to enhance open space preservation
and enhancements through the Conservation Futures program.
H-Barn- Provided guidance for moving forward with 60% design based upon criteria
that identified cost savings.
Community Engagement- Leverage and expand opportunities to engage with
residents in an effort to “meet people where they are”.
Housing Development- Initiate housing development at existing city-owned
property in Tillicum.
Homeownership- Leverage new and existing partnerships and revenue sources
(CDBG/HOME/Human Services funding) to support home ownership.
Operational Efficiency- The importance of maximizing operational efficiency was
noted and supported by the Council.
Cannabis- Present legislation for Council to consider authorization of retail sale of
cannabis within the municipality.
Grants- Prioritize grants and grant funded projects that are in alignment with city
plans.
Shelter Beds- Council discussed the growing need for emergency shelter beds and
the importance of not only creating beds but pairing them with appropriate services
in a way that makes sense for our community.

Next steps are for the City Council to review and discuss these proposed goals and areas of
interest to provide direction on what to consider for incorporation and adoption at a future
City Council meeting.
These goals once adopted by the City Council will serve as the policy direction for
developing and implementing the City's Proposed 2027-2028 Biennial Budget and help
guide decision-making at all levels of City government.

2

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Lakewood
City Council Goals
2025-2026

Website
CityofLakewood.Us

Adopted
August 2024
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City of Lakewood

Acknowledgement
City Council
Jason Whalen, Mayor
Mary Moss, Deputy Mayor
Patti Belle, Councilmember
Paul Bocchi, Councilmember
Mike Brandstetter, Councilmember
J. Trestin Lauricella, Councilmember
Ryan Pearson, Councilmember

City Manager
John Caulfield, City Manager

Department Directors
Tho Kraus, Deputy City Manager
Jeff Rimack, Planning & Public Works
Heidi Wachter, City Attorney
Patrick Smith, Police Chief
Lisa Mansfield, Judge Lakewood Municipal Court
Mary Dodsworth, Parks, Recreation & Community Services

Facilitation Team
Michael Vargas, Assistant to the City Manager/Policy Analyst
Michael Pendleton, President at Pendleton Consulting

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City of

Lakewood

About Lakewood
Lakewood is a thriving, urban, South Puget Sound City,
possessing the core values of family, community,
education, economic prosperity, and the equitable delivery
of municipal services.
We will advance these values by recognizing our past,
taking action in the present, and pursuing a dynamic
future.

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City Council

City of Lakewood

Vision
The City Council’s vision for Lakewood at its 30 Year Anniversary is a community:
Inspired by its own sense of history and progress;
Known for its safe and attractive neighborhoods, vibrant downtown, active
arts and cultural communities;
Sustained by robust economic growth and job creation;
Recognized for the excellence of its public and private schools, and its
community and technical colleges;
Characterized by the beauty of its lakes, parks and natural environment;
Acknowledged for excellence in the delivery of municipal services;
That actively cultivates, embraces, and continually strives to create a more
inclusive community with the equitable delivery of City services; and
Supportive of Joint Base Lewis McChord (JBLM), Camp Murray, service
members and their families.

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City of Lakewood

CITY COUNCIL

Goals
The purpose of the City Council Goals is to direct our community toward positive
change and serve as the policy direction for City government as well as the policy
guide for developing and implementing the City’s 2025-2026 biennial budget.
City Council goals guide the allocation of resources through the budget and
capital improvement program to assure that organizational work plans and
projects are developed and achieved that move the community forward.

Goal 1

Goal 2

Downtown Park(s) &
Multi-Generational
Community Center
Development

Goal 3
Parks & Lake Access

Public Safety

1

2

3

4
Goal 4
Downtown and
Lakewood Station
District Subareas
Revitalization for
Sustainable Growth

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City Council

City of Lakewood

Commitment
In addition to specific goals, the City Council maintains its commitment to the
following:
Financial stewardship
Community engagement and transparency
Regional and statewide leadership and partnership
Ensuring a safe city
Economic development to attract and create jobs
Environmental protection and preservation
Supporting human services, housing and homelessness
Commitment to diversity, equity, inclusion and belonging
Recognizing the value and importance of JBLM and Camp Murray
Rebuilding our roadway system and adding sidewalks for pedestrian and
bicycle access
The City’s strong leadership to improve parks
Providing a wide range of community events and youth programming

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CITY COUNCIL

City of Lakewood

Operational Values
Operational values improve and optimize the functional performance of the City
to achieve adopted goals.

Regional
Partnerships

Efficiency

The City encourages and
participates in regional
approaches to service delivery
to the extent that a regional
model produces efficiencies
and cost savings, and
ultimately improves service to
our community members.

The City is committed to
providing public services in the
most efficient manner possible
and maximizing the public’s
return on its investment. The
City will concentrate efforts on
data-driven decisions that
optimize available resources.

Accountability

Proactive
Focus

The City is accountable to the
community for the
achievement of City goals. The
City will identify meaningful
metrics and determine a series
of benchmarks to convey City
efforts within goal areas. The
City will track performance
over the next four years,
adjusting, when necessary, to
optimize services and efforts.

The City proactively focuses on
the entire condition of the City.
The City will promote longterm financial and strategic
planning backed by
quantifiable data and analysis.

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City Council

Goal 1:

City of Lakewood

Downtown Park(s) & Multi-Generational
Community Center Development

By 2030, Lakewood will boast a vibrant and inclusive downtown park(s) and
multi-generational community center that serves as a central hub for recreation,
culture, and community engagement. This space will reflect our commitment to
enhancing quality of life, promoting diversity and inclusivity, fostering a sense of
belonging for all residents, regardless of age, background or circumstances, and
provides a welcoming space for all to enjoy.
Phase 1: Land Acquisition (2025)
Identify and acquire suitable real estate within the downtown area for the
development of an urban park(s) and multi-generational community center.
Phase 2: Planning, Design and Permitting (2026-2027)
Develop a downtown master park plan that incorporates multi-generational
recreational activities and gathering spaces, that may include a splash pad,
play areas, walking and connector pathways and seating areas.
Engage architects, landscape designers, community stakeholders, and
residents.
Ensure the park(s) design is inclusive, accessible, and sustainable, with green
spaces, shaded areas, and eco-friendly features.
Design the multi-generational community center space to be welcoming and
accessible to individuals of all ages, backgrounds, and economic conditions,
promoting social cohesion and community pride.
Integrate public art and areas that celebrate the City's history and cultural
heritage, such as public art installations, festival areas, and historical exhibits.
Phase 3: Project Financing and Construction (2028-2029)
Identify and secure funding.
Begin construction of the urban park(s).
Construct a state-of-the-art multi-generational community center adjacent to
the urban park(s), providing facilities for diverse activities such as sports,
senior programs, teen activities, arts, education, and community events.
Phase 4: Community Engagement and Programming (2028-2030)
Develop partnerships to ensure sustainability of operations.
Launch community programs and events to activate the new space.
Gather feedback for continuous improvement and future initiatives.
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City of Lakewood

City Council

Goal 2:

Public Safety

Continue to reduce crime and create a safer City by implementing
comprehensive public safety strategies, fostering community partnerships, and
investing in people and resources that support crime prevention, emergency
response, accountability, and community well-being. Public Safety is a
collaborative effort that encompasses community policing, court, and social and
human services.
Focus on Community Engagement to increase Community-Based Policing
Promote community policing initiatives that build trust and cooperation
between residents and law enforcement and enhances visibility to include
neighborhood patrols, regular community events and meetings and surveys
to gather input on safety concerns and suggestions.
Maintain open communication with schools, community groups and
businesses to encourage dialogue and partnership with the police
department.
Promote and encourage cooperation between city departments, the
community and other public entities to create a positive environment.
Provide education to the community in every way possible; to include the
Citizen’s Police Academy, Youth Council, during a Ride-Along, and
Community Group Meetings to emphasize crime reduction successes.
Empower police employees to evaluate and take the necessary steps to
improve dire situations affecting the safety of its residents.
Reduce Crime and Fear of Victimization
Reduce violent crime by 5%.
Utilize data-driven approaches to identify and address crime hotspots and
emerging trends.
Ensure efficient deployment of law enforcement resources to maximize
overall effectiveness.
Work effectively to solve crime while prosecuting those responsible.
Increase public safety education and prevention measures for residents.
Share information with local, state and federal agencies to address public
safety.
Maintain effective staff levels to reduce response times.

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City of Lakewood

City Council

Goal 2:

Public Safety

Reduce Traffic Collisions to Create Safer Communities
Use new techniques to reduce traffic eludes.
Enforce traffic laws with emphasis on speed reduction and community safety
measures.
Use of Automated Traffic Safety Cameras in critical areas.
Increase Use of Technological Advancements in Public Safety
Increase Code Red participation among Lakewood residents to enhance city
emergency management preparedness.
Advance the use of license plate readers (LPR’s - Flock and Axon) to reduce
stolen vehicles.
Explore use and implementation of real time crime center for overall
situational awareness.
Explore and Increase technological use for better efficiencies in patrol.
Enhance Police Officer Training, Wellness and Support
Create a positive learning environment to promote best practices and
advancements in law enforcement.
Ensure sound and timely training and communication for officers.
Increase mental health training and individual wellness.
Promote and encourage involvement in wellness activities.
Work to create a positive work environment to support officer development
and fairness in the workplace.
Other Public Safety goals
Foster a supportive environment for residents experiencing crises, ensuring
they have access to necessary resources such as mental health, substance
abuse to include opioids, homelessness, and domestic violence.
Evaluate, and if feasible transition municipal court operations from in-house
to a contracted service.

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City of Lakewood

City Council

Goal 3:

Parks & Lakes Access

Ensure equitable water access by prioritizing acquisition, development and
protection of public open spaces along Lakewood shorelines.

Edgewater Park Master Plan Implementation
Phase 1 (2025-2026): Funding and Timeline
Secure funding through grants and budget allocations to implement
Edgewater Park improvements.
Establish a project timeline with key milestones and deliverables.
Phase 2 (2027-2030): Implementation
Begin phased implementation of the master plan to include design and
permitting. Project enhancements will include access and safety
improvements, environmental restoration, roadway improvements, a fishing
pier and a new boat launch.
Continue to engage with the community to ensure improvements align with
adopted Master Plan goals.

Street End Pilot Projects
Phase 1 (2025): Funding and Design
Identify funding sources to implement street end pilot projects as
recommended by the Parks and Recreation Advisory Board (PRAB).
Develop design for selected street end and obtain necessary permits.
Phase 2 (2026): Implementation
Construct street end pilot projects.

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City of Lakewood

City Council

Goal 3:

Parks & Lakes Access

Camp Murray Boat Launch Improvements
Phase 1 (2025-2026): Camp Murray Boat Launch Joint Master Plan
Enter into a Memorandum of Understanding (MOU) with Camp Murray to
develop a Camp Murray Boat Launch Joint Master Plan for improvements at
the boat launch on American Lake.
Develop a Camp Murray Boat Launch Joint Master Plan to increase equitable
access to American Lake via the Camp Murray Boat Launch, particularly for
the residents of the Tillicum and Woodbrook neighborhoods, who have
limited public access to lakes in the City due to geographic and economic
conditions.
Master Plan issues will address the needs of the community and may include
the following: ADA-accessible walkways and site amenities, security lighting,
parking lot improvements, boat launch improvements, fencing and placemaking signage.
Master Plan will ensure boat launch improvements address City, Lakewood
Police Department, West Pierce Fire and Rescue, and Camp Murray
operational needs, security, and mission readiness.
Phase 2 (2027-2028): Funding and Timeline
Pursue state grants and allocations to implement the Camp Murray Boat
Launch Master Plan. Funding sources may include Washington Recreation
and Wildlife Program (WWRP), Aquatic Lands Enhancement Account (ALEA)
and LWCF.
Establish a project timeline with key milestones and deliverables.
Phase 3 (2028-2030)
Begin phased implementation to include final design and permitting of the
Camp Murray Boat Launch Master Plan.

Interlaaken Bridge (2025)
Conduct a feasibility study that evaluates future options that includes
community input, traffic flow alternatives and impacts, open public spaces,
pedestrian access, safety, environmental impact, community needs, and longterm sustainability.

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City Council

Goal 4:

City of Lakewood

Downtown and Lakewood Station
District Subareas Revitalization for
Sustainable Growth

Promote redevelopment incentives of underutilized spaces in key growth areas
such as the downtown and station district subareas, ensuring the City's vision is
met for sustainable and vibrant urban growth that promotes and supports a
dynamic and robust local economy. The revitalization of downtown and the
district subareas will create vibrant, sustainable, and economically thriving urban
environments that align with the City’s long-term vision.
Update development standards and regulations to accommodate higher
population density and incentivize alternative transportation options, to
include walkable and bike-friendly infrastructure, to address increased
demand and state-mandated changes to parking policy.
Revisit the Downtown and Lakewood Station District subarea plans to ensure
alignment with current City Council goals and vision with a focus on current
and future community needs.
Ensure design standards enhance aesthetic quality and maintain community
character.
Develop strategies to attract investment and encourage redevelopment of
underutilized spaces.
Promote development to create vibrant, livable urban environments.
Provide and promote incentives for businesses to invest in the downtown and
Lakewood Transit subareas.
Enhance public amenities and cultural attractions to increase the appeal of
these areas.
Advance the Downtown Subarea Plan green street loop project through the
awarded $1.1 million RAISE planning grant, which will complete 30% project
design for an updated motorized and non-motorized transportation network
in the downtown area.

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