HomeMy WebLinkAbout48406
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ORDINANCE NO. 4 8 4 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CERTAIN SECTIONS OF TITLES 16 ENTITLED
"ENVIRONMENT", 17 ENTITLED "SUBDIVISIONS" AND 18 ENTITLED
"ZONING" OF THE AUBURN CITY CODE AS NECESSARY TO COMPLY WITH
ENGROSSED SUBSTITUTE HOUSE BILL (ESHB) 1724, AN ACT RELATING
TO IMPLEMENTING THE RECOMMENDATIONS OF THE GOVERNOR'S TASK
FORCE ON REGULATORY REFORM, ON INTEGRATING GROWTH MANAGEMENT
PLANNING AND ENVIRONMENTAL REVIEW, INCLUDING SOME ADDITIONAL
AMENDMENTS FOR HOUSEKEEPING PURPOSES AND AMENDING SECTION
17.06.110 OF CHAPTER 17.06 ENTITLED "PRELIMINARY PLAT" TO
COMPLY WITH REQUIREMENTS OF RCW 58.17.140.
WHEREAS, the Regulatory Reform Act, ESHB 1724, requires
that the City establish a project permit review process which,
among other things, (1) combines the environmental review
process, both procedural and substantive, with the procedure
for the review of project permits; (2) provides for an
integrated and consolidated review and decision on two or more
project permits relating to a proposed action; (3) provides
for no more than one open record hearing and one closed record
proceeding (except for the appeal of a determination of
significance as provided in RCW 43.21C.075); and (4) provides
for the issuance of the City's final decision within 120 days
Ordinance No. 4840
February 28, 1996
Page 1
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(subject to the exclusion of certain time periods) after the
applicant is notified that the application is complete; and
WHEREAS, the Act provides that the time frames for permit
processing shall apply only to project permit applications
filed on or after April 1, 1996; and
WHEREAS, to comply with the provisions of the Act, there
are amendments necessary to Title 16, entitled "Environment",
Title 17, entitled "Subdivisions" and Title 18, entitled
"Zoning" of the Auburn City Code; and
WHEREAS, certain housekeeping amendments are necessary to
keep the titles current; and
WHEREAS, RCW 58.17.140 was amended during the 1995
legislative session providing an additional two year time
period for submission of a final plat.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ Titles 16 entitled "Environment", Title 17
entitled "Subdivisions" and 18 entitled "Zoning" of the Auburn
City Code are hereby amended as set forth in the attached
Ordinance No. 4840
February 28, 1996
Page 2
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Exhibit "A" which is by this reference made a part hereof as
though fully set forth herein.
~ If any section, subsection, sentence, clause,
phrase or portion of this Ordinance or any of the provisions
adopted herein, is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the remaining
provisions thereof.
~ The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~ This Ordinance shall take effect and be in
force from and after April 1, 1996.
INTRODUCED:
PASSED:
APPROVED:
CHARI,ES A. BOOTH
MAYOR
Ordinance No. 4840
February 28, 1996
Page 3
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
City Attorney
PUBLISHED:
Ordinance No. 4840
February 28, 1996
Page 4
Chapters:
16.06
16.08
Title 16
ENVIRONMENT
Environmental Review Procedures
Substantial Shoreline Development Permits
Revised 2-23-96
Sections:
16.06.010
16.06.020
16.06.030
16.06.040
16.06.050
16.06.060
16.06.065
16.06.070
16.06.080
16.06.090
16.06.100
16.06.110
16.06.120
16.06.130
16.06.-.330200
16,06,210
16.06.340220
16.06.350230
16.06.3~.0240
16.06.370250
t 6.06.3~.0260
16.06.390270
Exhibit "A"
of 80 pages
Chapter 16.06
ENVIRONMENTAL REVIEW PROCEDURES
Authority.
Adoption by reference.
Additional definitions.
Responsible official designated.
Timing of environmental review.
Determination of categorical exemption.
Environmentally sensitive areas.
Environmental checklist required.
Environmental impact statement.
Public notice
Internal circulation of environmental documents.
Timing of decision on nonexempt action.
Authority to condition or deny proposals.
Substantive authority.
City responsibilities as consulted agency.
Use of Non-SEPA documents
__ Environmental appeals.
__ Time limitation on appeals.
· Fee to accompany notice of appeal.
· Notice of hearing.
P-ublie hHearing.
Testimony - Recording.
16.06.400300 Substantialweight-Bu~enofproof.
which consists
Ordinance No. 4840
1
16.06.440310 Decision of the hearing examiner.
16.06.42-0320 Dismissal of appeal.
16.06.430330 Council review - Limitations for appeals.
16.06.440340 Violation - Penalty.
Revised 2-23-96
16.06.010 Authority.
This ordinance is adopted under the authority of the State Environmental Policy Act
(SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904, including any
amendments thereto.
16.06.020 Adoption by reference.
The following sections of Chapter 197-11 WAC', including any amendments thereto._are
adopted by reference, as if fully set forth herein:
WAC
197-11-040
197-11-050
197-11-055
197-11-060
197-11-070
197-11-080
197-11-090
197-11-100
197-11-300
197-11-305
197-11-310
197-11-315
197-11-330
197-11-335
197-11-340
197-11-350
197-11-360
197-11-390
197-11-400
197-11-402
Definitions.
Lead agency.
Timing of the SEPA process.
Content of environmental review.
Limitations on actions during SEPA process.
Incomplete or unavailable information.
Supporting documents.
Information required of applicants.
Purpose of this part.
Categorical exemptions.
Threshold determination required.
Environmental checklist.
Threshold determination process.
Additional information.
Determination of nonsignificance (DNS).
Mitigated DNS.
Determination of significance (DS)/initiation of scoping.
Effect of threshold determination.
Purpose of ElS.
General requirements.
, 197-11-405
'197-1~-406
197-11-408
197-11-410
197-11-420
197-11-425
197-11-430
197-11-435
197-11-440
197-11-442
197-11-443
197-11-444
197-11-448
197-11-450
197-11-455
197-11-460
197-11-500
197-11-502
197-11-504
197-11-508
197-11-510
197-11-535
197-11-545
197-11-550
197-11-560
197-11-570
197-11-600
197-11-610
197-11-620
197-11-625
197-11-630
197-11-635
197-11-640
197-11-650
ElS types.
ElS timing.
Scoping.
Expanded scoping.
ElS preparation.
Style and size.
Format.
Cover letter or memo.
ElS contents.
Contents of ElS on nonproject proposals.
ElS contents when prior nonproject ElS.
Elements of the environment.
Relationship of ElS to other considerations.
Cost-benefit analysis.
Issuance of DEIS.
Issuance of FEIS.
Purpose of this part.
Inviting comment.
Availability and cost of environmental documents.
SEPA register.
Public notice.
Public hearings and meetings.
Effect of no comment.
Specificity of comments.
FEIS response to comments.
Consulted agency costs to assist lead agency.
When to use existing environmental documents.
Use of NEPA documents.
Supplemental environmental impact statement - Procedures.
Addenda - Procedures.
Adoption - Procedures.
Incorporation by reference - Procedures.
Combining documents.
Purpose of this part.
Revised 2-23-96
3
197-11-655
197-11-660
197-11-680
197-11-700
197-11-702
197-11-704
197-11-706
197-11-708
197-11-710
197-11-712
197-11-714
197-11-716
197-11-718
197-11-720
197-11-722
197-11-724
197-11-726
197-11-728
197-11-730
197-11-732
197-11-734
197-11-736
197-11-738
197-11-740
197-11-742
197-11-744
197-11-746
197-11-748
197-11-750
197-11-752
197-11-754
197-11-756
197-11-758
197-11-760
Implementation.
Substantive authority and mitigation.
Appeals.
Definitions.
Act.
Action.
Addendum.
Adoption.
Affected tribe.
Affecting.
Agency.
Applicant.
Built environment.
Categorical exemption.
Consolidated appeal.
Consulted agency.
Cost-benefit analysis.
County/city.
Decision maker.
Department.
Determination of nonsignificance (DNS).
Determination of significance (DS).
ElS.
Environment.
Environmental checklist.
Environmental document.
Environmental review.
Environmentally sensitive area.
Expanded scoping.
Impacts.
Incorporation by reference.
Lands covered by water.
Lead agency.
License.
Revised 2-23-96
4
'197-71-762
197-11-764
197-11-766
197-11-768
197-11-770
197-11-772
197-11-774
197-11-776
197-11-778
197-11-780
197-11-782
197-11-784
197-11-786
197-11-788
197-11-790
197-11-792
197-11-793
197-11-794
197-11-796
197-11-797
197-11-799
197-11-800
197-11-880
197-11-890
197-11-900
197-11-902
197-11-916
197-11-920
197-11-922
197-11-924
197-11-926
197-11-928
197-11-930
Local agency.
Major action.
Mitigated DNS.
Mitigation.
Natural environment. ·
NEPA.
Nonproject.
Phased review.
Preparation.
Private project.
Probable.
Proposal.
Reasonable alternative.
Responsible official.
SEPA.
Scope.
Scoping.
Significant.
State agency.
Threshold determination.
Underlying governmental action.
Categorical exemptions.
Emergencies.
Petitioning DOE to change exemptions.
Purpose of this part.
Agency SEPA policies.
Application to ongoing actions.
Agencies with environmental expertise.
Lead agency rules.
Determining the lead agency.
Lead agency for governmental proposals.
Lead agency for public and private proposals.
Lead agency for private projects with one agency with jurisdiction.
Revised 2-23-96
5
Revised 2-23-96
197-11-932 Lead agency for private projects requiring licenses from more ~.han one
agency, when one of the agencies is a county/city.
197-11-934 Lead agency for private projects requiring licenses from a local agency, not
a county/city, and one or more state agencies.
197-11-936
agency.
197-11-938
197-11-940
197-11-942
197-11-944
197-11-946
197-11-948
197-11-960
197-11-965
197-11-970
197-11-980
197-11-985
197-11-990
Lead agency for private projects requiring licenses from more than one state
Lead agencies for specific proposals.
Transfer of lead agency status to a state agency.
Agreements on lead agency status.
Agreements on division of lead agency duties.
DOE resolution of lead agency disputes.
Assumption of lead agency status.
Environmental checklist.
Adoption notice.
Determination of nonsignificance (DNS).
Determination of significance and scoping notice (DS).
Notice of assumption of lead agency status.
Notice of action.
16.06.030 Additional definitions.
In addition to those definitions contained within WAC 197-11-700 through 197-11-799, the
following words and terms shall have the following meanings, unless the context indicates
otherwise:
"Advisory body" means any body established by ordinance of the city council, whose
responsibilities include the review of development proposals for the purpose of making
recommendations to the city council.
"Aquifer recharge areas" means areas which recharge aquifers that are a source of
drinking water vulnerable to contamination that would affect the portability of the water.
These areas include: sole source aquifer recharge areas and wellhead protection areas
designated pursuant to the Federal Safe Drinking Water Act; areas established for special
protection pursuant to a ground water management program as described by Chapters
90.44, 90.48 and 90.54 RCW and Chapters 173-100 and 173-200 WAC; and any other
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Revised 2-23-96
'area meeting the definition of "areas with a critical recharging effect on aquifers used for,
' potable water" as described in Chapter 365-190 WAC and the Auburn comprehensive plan.
"Department" means any division, subdivision or organizational unit of the city established
by ordinance, rules, or order.
"Development" means the rezoning of property, the subdivision of land, the construction of
buildings, or any physical alteration of the land which is subject to city approval and to the
requirements of SEPA.
"Fish and wildlife habitat conservation areas" means lands which are important for the
maintenance of fish and wildlife species in suitable habitats within the natural geographic
distribution of the species. These areas include: areas with which endangered, threatened
and sensitive species have a primary association; habitats and species of local importance;
waters of the state; waters planted with game fish; and any other area meeting the
definition of "fish and wildlife habitat conservation areas" as described in Chapter 365-190
WAC and the Auburn comprehensive plan.
"Frequently flooded areas" means lands in the floodplain subject to a one percent or
greater chance of flooding in any given year. These areas include: streams, rivers, lakes,
wetlands and any other area meeting the definition of "frequently flooded areas" as
described in Chapter 365-190 WAC and the Auburn comprehensive plan.
"Geologically hazardous areas" means areas that because of their susceptibility to erosion,
sliding, earthquake or other geological events, are not suited to siting commercial,
residential or industrial development consistent with public health or safety concerns.
These areas include:
1. Erosion hazard areas: areas identified by the USDA Soil Conservation
Service as having a severe rill and inter-rill erosion hazard;
2. Landslide hazard areas: areas potentially subject to landslides based on a
combination of geologic, topographic and hydrologic factors;
3. Seismic hazard areas: areas subject to severe risk or damage as a result
of earthquake induced ground shaking, slope failure, settlement, soil liquefaction or surface
faulting;
4. Other geologic hazard areas: areas subject to volcanic activity and areas
underlain by, adjacent to, or affected by mine workings; and
5. Any other area meeting the definition of "geologically hazardous areas" as
described in Chapter 365-190 WAC and the Auburn comprehensive plan.
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Revised 2-23-96
"Hearing examiner" means the city hearing examiner as established by Chap~=r 18.66
ACC. ' '
"Ordinance" means an ordinance, resolution, or other procedure used by the city to adopt
regulatory requirements.
"Project permit" or pro_iect permit application" means any land use or environmental
permit or license required from the City for a project action, including but not limited
to building permits, subdivisions, planned unit developments, conditional uses.
shoreline development permits, site plan review, permits or approvals required by
critical area ordinances, site specific rezones authorized by the Comprehensive Plan
or a special planning area plan or other subarea plan. but excluding the adoption or
amendment of a comprehensive plan. or a special area plan. subarea plan, or
development regulations except as otherwise specifically included in this chapter.
"Regulations" includes regulations referenced in this chapter as well as
development regulations as defined in RCW 36.70A.030 of the Growth Management
Act.
"Wetlands" means those areas that are inundated or saturated by surface 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 include swamps, marshes, bogs and similar areas. Wetlands do 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. However,
wetlands do include those artificial wetlands intentionally created from nonwetland areas
created to mitigate conversion of wetlands, if permitted and required by the county or city.
Artificial wetlands created from nonwetland areas for purposes of wildlife enhancement,
education, aesthetic or similar reasons, when not part of a compensatory (required)
mitigation project, are not included within the wetland definition.
"SEPA" means Chapter 43.21C RCW.
"SEPA rules" means Chapter 197-11 WAC adopted by the Department of Ecology.
16.06.040 Responsible official designated.
The director of the Auburn department of planning and community development, or his or
her designee, shall be the SEPA responsible official for the city, and shall carry out the
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Revised 2-23-96
duties'and functions of the city when it is acting as the lead agency or as a consulted
agency under SEPA and the SEPA rules.
16.06.050 Timing of environmental review.
A. The t!.""..e=s at '.-:h!ch =.".':!rc.".menta! ....; .... =shal!
n,.~N~-~ e,k,.,,,,Irl f~b~ r,l-,~,,-~, .,~(. fk~ ,,.,,,.~r~,,.,.~,~f,,,,~l e,f~r,~ ,NE ~
v. vb..v. ..vv..vv ~.,M..v M..vv MV~M..VM I~ j [.,.. v
~'lv I'" I"" .. ,v, ,,, ,~:~ ~--,.v
v,a~va.,,vk ~v ~,.v --vl,,,~, .,,,v..k v, I,,,,,~,,,,,,,U M..~ Mv,,,,,,--,,,~$
,,~4,1~q&,;~,,~ f~,,N,,,;,4~fi I~,, %AIh r'~ 4 0?_4 4 _"~4
........ '~ I'''~''~ --J ...... ~' ' '
A. When a pro_iect permit aDplication is filed with the City_ of Auburn the City_
shall analy~;e the permit's environmental impacts in one pro_iect review process as
provided in the Auburn City_ Code. hereinafter referred to as "ACC". Title 14. The
environmental review shall be integrated with and be processed concurrently with
the attendant pro_iect permit application.
16.06.060 Determination of categorical exemption.
A. The city department which receives an application'for a proposal, or initiates a
proposal which is potentially subject to the environmental review requirements of SEP^,
shall request the responsible official or the responsible official's designee to make
the following determinations:
1. Whether the proposal is an "action" as defined by WAC 197-11-704; and
2. If the proposal is an "action," whether it is categorically exempt from the
requirements of SEP^; and
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Revised 2-23-96
· 3. If the proposal is a nonexempt action, whether appropriate e~vironmental
review of the project has been conducted or commenced.
B. The responsible official or the responsible official's designee shall be
responsible for makina_ the final decision ""-;~* _.., .... d.-'pa."t.m.._..".t ;". ........... ~,.,~,;,,,,= *k,, ....
,4.,,.,,.,.,.;,.~.,;,.,.. required by this section, up
C. The city recognizes that the list of categorical exemptions included in the SEPA
rules cannot be relied upon as the final determination of when a proposed project,
regardless of its environmental impact, must comply with SEPA and this chapter. Where
the responsible official determines that a proposal has a reasonable likelihood of causing
more than a moderate adverse impact on environmental quality, whether that impact is
direct, indirect or cumulative, environmental review under SEPA shall be conducted.
D. It is recognized that a particular development or land use, although otherwise
consistent with city regulations and policies, may create adverse impacts upon facilities,
services, natural systems or the surrounding area when aggregated with the impacts of
prior or reasonably anticipated future developments. The city shall evaluate such
cumulative environmental impacts and make its environmental determinations and
substantive decisions accordingly.
16.06.065 Environmentally sensitive areas.
A. The following areas of the environment are designated as environmentally
sensitive areas pursuant to RCW 36.70A.060 and WAC 197-11-908:
1. Aquifer recharge areas;
2. Fish and wildlife habitat conservation areas;
3. Frequently flooded areas;
4. Geologically hazardous areas; and
5. Wetlands.
B. Within each of these environmentally sensitive areas, the responsible official
shall implement city codes, ordinances, resolutions, plans and policies to conserve these
areas and to preclude land uses and development which cause significant adverse impacts
to these areas.
C. The city's "critical area maps" provides the general location of environmentally
sensitive areas within the city and is adopted by this reference as if fully set forth in this
chapter. Site specific studies will be needed to identify the precise location and to assess
the characteristics of the environmentally sensitive area. Whenever there is evidence of an
10
Revised 2-23-96
environmentally sensitive area located within or in proximity to a nonexempt action, the
'responsible official may require site specific studies to determine the location and
characteristics of the environmentally sensitive area, and potential mitigating measures.
16.06.070 Environmental checklist required.
A. Whenever a department determines that a proposal is a nonexempt action for
which appropriate environmental review has not been conducted or commenced, the
department shall prepare or shall require the action proponent to prepare and submit an
environmental checklist. Upon completion or receipt of a completed environmental
checklist, the department shall immediately transmit the following to the responsible official
or the responsible official's designee:
1. The original, signed copy of the environmental checklist; and
2. A copy of any completed application form in the department's possession
relating to the proposal; and
3. A copy of any project description, conceptual plan or plot plan which may
have been prepared or submitted; and
4. Any additional information in the department's possession touching upon
the environmental impacts of the proposed action.
B. The environmental review process shall .-.ct begin u.".t!! when an semplete
environmental checklist application is received by the responsible official. Incomplete
applications be returned to the applicant for completion as directed by the responsible
official as provided in ACC Title 14. Checklist aDplications include the completed
environmental checklist form together with any site plans, studies or other
information needed to adequately review the application.
C. A department initiating a non-exempt city action may request that the responsible
official or the responsible official's designee assist the department in preparing the
necessary environmental checklist.
D. The provisions of this section shall not.apply when the responsible official and
the proponent of a non-exempt action agree in writing that the proposal is likely to have
significant adverse environmental impacts, and further agree that an Environmental Impact
Statement (ELS) will be prepared.
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Revised 2-23-96
E. The responsible official may determine that the city will complete alt or a part of
an environmental checklist for a private proposal with its own staff, or may contract ~,ith
one or more consultants to prepare or assist in preparation of a checklist, and may charge
and collect fees from the applicant to cover costs incurred by the city in preparation of the
checklist, if either of the following circumstances exist:
1. The city has technical information on a question or questions that is
unavailable to the applicant; or
2. The applicant has provided inaccurate or incomplete information on
previous proposals or on proposals currently under consideration.
F. If fees are to be collected, the applicant shall be advised of the estimated costs,
and shall be required to secure payment of such costs prior to the actual preparation of all
or part of the environmental checklist.
16.06.080 Environmental impact statement.
A. Whenever the responsible official has issued a determination of significance for a
nonexempt action, it shall be the responsibility of the individual, corporation, agency or city
department initiating or proposing the action to prepare a draft ElS and a final ElS under
the supervision of the responsible official. The proposing individual, corporation, agency or
department may contract with one or more consultants to prepare or assist in the
preparation of an ElS, subject to the approval of the responsible official. Consultants shall
be selected based on their expertise and knowledge related to the scoped environmental
elements to be analyzed in the ElS documents. Regardless of who is involved in the
preparation of an ElS, it is the ElS of the city and the responsible official shall be satisfied
that it complies with this chapter, with SEPA and with the SEPA rules before it is issued.
B. The responsible official may determine that the city will complete all or a part of
an ElS for a private proposal with its own staff, or may contract with one or more
consultants to prepare or assist in preparation of an ElS, and may charge and collect fees
from the applicant to cover costs incurred by the city in preparation of the ElS, if one or
more of the following circumstances exist:
1. The city has technical information on a question or questions that is
unavailable to the applicant; or
2. The applicant has provided inaccurate or incomplete information on
previous proposals or on proposals currently under consideration;
12
Revised 2-23-96
3. The responsible official and the applicant agree that the city will be
'responsible for completing the ElS.
C. If fees are to be collected, the applicant shall be advised of estimated costs, and
shall be required to secure payment of such costs prior to the actual preparation of the ElS.
D. Prior to the preparation of an ElS the applicant and the Cit7 shall enter into
a written ao_reement that shall at a minimum Contain who is to prepare the ElS. its
estimated cost. and estimated time frame to complete the ElS process.
16.06.090 Public notice
A. Whenever public notice is required under the SEPA rules, the responsible official
shall cause notice to be given in the following manner:
1. By posting the subject property (site specific proposals only); and
2. By publishing notice in a newspaper of general circulation within the city.
B. Additional public notice may be provided for proposals having or potentially
having unusually widespread, unique or significant adverse impacts, or for other proposals,
at the discretion of the responsible official.
C. Where notice is required for a proposed action which has been proposed or
initiated by a party other than the city or a city department, the cost of newspaper
publication of such notice or notices shall be borne by the city_ with fees paid by the
proponent or applicant.
16.06.100 Internal circulation of environmental documents.
Relevant environmental documents shall accompany proposals through existing city project
review processes. The responsible official shall ensure that environmental documents are
provided to decision makers in the following manner:
A. Where a nonelected city official is to make a final decision on a nonexempt '
action, the responsible official shall provide that deciding official with a copy of a
determination of nonsignificance (DNS) or a final ElS upon issuance of the DNS or FEIS.
B. Where the planning commission, hearing examiner or other advisory body is to
make a recommendation on a nonexempt action, the responsible official shall transmit to
the advisory body a copy of one of the following:
1. Environmental checklist;
2. Determination of nonsignificance (DNS);
3. Draft environmental impact statement (DEIS);
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Revised 2-23-96
, 4. Final environmental impact statement (FEIS). '
Transmittal of the appropriate environmental document shall either precede or accompany
transmittal of a staff report or staff recommendation on the proposal.
C. ^ final staff recommendation to the hearing examiner or city council on a
nonexempt major action should normally be preceded by, or accomPanied by either a final
DNS or an FEIS.
16.06.110 Timing of decision on nonexempt action.
A. For nonexempt actions, the procedural requirements of SEPA, the SEPA rules
and this chapter shall be completed prior to the city's issuance of a license, permit or other
approval, prior to the city committing to a particular course of action, or prior to the city
making a decision that would either have adverse environmental impacts or limit the choice
of reasonable alternatives.
B. ^ final decision on a nonexempt action for which a DNS has been issued or ElS
has been required, shall not be made until after expiration of the environmental appeal
period if not appealed or, if appealed, shall not be made until the decision on the appeal
becomes final.
16.06.120 Authority to condition or deny proposals.
^. The policies and goals set forth in and referenced by this chapter are
supplementary to those in the existing authorization of the city.
B. The city may attach conditions to a permit or approval for a proposal so long as:
1. Such conditions are necessary to mitigate probable significant adverse
environmental impacts identified in environmental documents prepared pursuant to this
chapter; and
2. Such conditions are in writing; and
3. The mitigation measures included in such conditions are reasonable and
capable of being accomplished; and
4. The city has considered whether other local, state, or federal mitigation
measures applicable to the proposal are sufficient to mitigate the identified impacts; and
5. Such conditions are based on one or more policies, plans, rules or
regulations designated in ACC 16.06.130 as a basis for the exercise of substantive SEP^
authority under RCVV 43.21C.060, and cited in wdting in the license, permit, ordinance or.
other decision document.
14
Revised 2-23-96
' C. The city may deny a permit or approval for a proposal on the basis of SEPA so
long as:
1. A finding is made that approving the proposal would result in probable
significant adverse environmental impacts that are identified in a final ElS or final
supplemental ElS prepared pursuant to this chapter; and
2. A finding is made that there are no reasonable mitigation measures
capable of being accomplished that are sufficient to make the identified impact
nonsignificant; and
3. The denial is based on one or more policies, plans, rules or regulations
designated in ACC 16.06.130 as a basis for the exercise of substantive SEPA authority
under RCW 43.21C.060, and cited in writing in the license, permit, ordinance or other
decision document.
D. If the lead agency determines, after the initial review of a project, that a proposed
action could not comply with adopted plans, policies,' rules or regulations, and where the
city has authority other than SEPA to deny the proposal, the project can be denied outright
without making a threshold determination, and shall be cited in writing. Proposed actions
which are subsequently modified, amended or deemed to be consistent with adopted
plans, policies, rules or regulations shall not receive final approval until the proposed action
is in full compliance with SEPA, the SEPA rules and this chapter.
E. Where the responsible official has issued a mitigated DNS, the decision maker
shall not approve the associated proposal until:
1. The proponent has modified the proposal, either through modification of
plans and other application materials or through a separate written instrument attached to
the application, such that the mitigating measures of the mitigated DNS become part of the
proposal; or
2. The decision maker has incorporated the mitigating measures of the
mitigated DNS into the license, permit, ordinance or other approval, through conditions
attached pursuant to this chapter; or
3. A combination of subdivisions 1 and 2 of this subsection.
F. Where mitigating measures are agreed to under subdivision 1 of subsection E of
this section, or imposed under subdivision 2 of subsection E of this section, and where the
proponent fails to implement such mitigating measures, the city shall have the authority to
revoke any permit, license or other approval granted on the basis of such mitigating
measures.
15
Revised 2-23-96
16.06.130 Substantive authority.
The city adopts by reference the following policies, plans, rules and regulations, as may be
amended, as a basis for the exercise of substantive authority to approve, condition or deny
proposed
A.
Appendix
B.
C.
D.
E.
F.
G.
H.
actions under RCW 43.21C.060 of SEPA:
Auburn Comprehensive Plan and related reports and studies outlined in
B;
Shoreline Management Master Program;
Auburn City Code;
Auburn Downtown Plan;
Auburn Capital Improvements Plan;
Six-Year Street Plan; ~
Auburn Municipal Airport Master Plan;
Energy Management Plan.
16.06.330200 City responsibilities as consulted agency.
In carrying out the city's duties as a consulted agency, the responsible official shall request
information from any department potentially affected by or having expertise on a proposal.
Information timely received by the responsible official in response to such request shall be
transmitted to the lead agency. The responsible official may transmit such information by
forwarding copies of any department responses or by consolidating all department
responses into a single city response.
t6.06.2t0 Use of Non-SEPA documents
A, If determined by the Responsible Official. existing plans, regulations, rules.
or other laws that provide a functionally equivalent analysis, of the specific adverse
impacts of a proposed project, that has already occurred and is available or will
occur before action is taken on a proposed pro_iect may be used to forego the
environmental analysis required under this title. If non ~ SEPA documents are used
the Responsible Official shall make appropriate findings and conclusions to support
the use of such documents.
B. If determined by the Responsible Official. existing plans, regulations, rules.
or other laws that adeo_uately mitigate the pro_iects specific adverse environmental
impacts may be used. in lieu of SEPA mitigating conditions as long as the pro_iect
16
Revised 2-23-96
approval is explicitly conditioned on compliance with the requirements or mitigation
measdres so that the specific adverse environmental impacts are adequately
mitigated. If non - SEPA documents are used the Responsible Official shall make
appropriate findings and conclusions to support the use of such mitigation and to
ensure compliance with the requirements of the non-SEPA documents.
16.06.340220 Environmental appeals.
Any person aggrieved of a final threshold determination of significance, final determination
of nonsignificance, or inadequacy of a final ElS may file an appeal with the city hearing
examiner. Appeal of intermediate steps under SEPA (e.g., lead agency determination,
scoping, draft ElS adequacy) shall not be allowed.
16.06.350230 Time limitation on appeals.
A written notice of appeal identifying the grounds for appeal must be filed with the city clerk,
on forms provided by the City_ Clerk. within t~4-1-0 days of the date of mailing issuarme
ef the final threshold determination of significance, final determination of nonsignificance or
final ElS. The City shall extend the appeal period for an additional seven days for
Final Mitigated Determinations of Non-Significance and Final EIS's.
16.06.3~0240 Fee to accompany notice of appeal.
A fee of $100.00 shall accompany the written notice of appeal and be filed within the
appeal period with the city clerk. No notice of appeal shall be accepted unless
accompanied by full payment of the filing fee. This fee shall be utilized to cover publication
costs, mailing, and other costs directly associated with the appeal.
16.06.3702~50 Notice of hearing.
A Nnotice of appeal timely filed shall be transmitted by the city clerk to the hearing
examiner and the SEPA responsible official. The hearing examiner shall determine the
date, time, and place of a~..~...""~'~" hearing to consider the appeal of Final ElS's, and shall
notify the parties thereof. Other appeal hearings shall be scheduled in accordance with
Section 18.66.130 of the Auburn City_ Code.
16.06.380260 P-ublie h-Hearing.
A ""~'~" hearing upon an appeal '-~ ~ ,h...~...~.~ .~..~......~....,~.... shall be conducted by the
hearing examiner and where applicable, the appeal hearing shall be consolidated with
17
Revised 2-23-96
any other hearing required on the related proposed action as required in ACC Title
14.
16.06.390270 Testimony - Recording.
All testimony taken at anyr---..-""~'"'" hearing shall be taken under oath. The hearing shall be
recorded electronically.
16.06.400300 Substantial weight - Burden of proof.
A threshold determination by the responsible official is entitled to substantial weight, The
burden shall be on the appellant to establish that the determination is in error.
16.0~310 Decision of the hearing examiner.
A. Upon the basis of all of the information received in pub!!c a hearing, and all
information relied upon by the responsible official, the hearing examiner shall'prepare 'a
written decision, including findings of fact and conclusions.
B. The hearing examiner may sustain, sustain with conditions, reverse, or remand
to the responsible official the threshold determination.
16.06.42-0320 Dismissal of appeal.
The hearing examiner may summarily dismiss an appeal without hearing, when such
appeal is determined by the hearing examiner to be without merit on its face, frivolous, or
brought merely to impede a proposal or secure a delay.
16.06.430330 Council review - Limitations for appeals.
^. The decision of the hearing examiner on a threshold determination appeal may
be appealed to the city council in accordance with the provisions of RCW 43.21C.060
and RCW 43.21C.075. "'""~'~ ...... p~'";~'~"~ ~'' ~r,r, ~ ~ ~n Any such appeal allowed
by RCW 43.21C.060 and RCW 43,21 C.075 must be brought within the time limits specified
in ACC 18.66.160.therein.
B. Such council review shall be conducted on the record compiled by the hearing
examiner, consistent with other applicable law.
16.06-,440340 Violation - Penalty.
18
Revised 2-23-96
Any violation of this chapter or of the standards, regulations or procedures adopted
'pursuant to this chapter shall be enforced pursuant to the provisions of Chapter 1.25 A~C.
19
Revised 2-23-96
Sections:
Chapter 16.08
SUBSTANTIAL SHORELINE DEVELOPMENT PERMITS
16.08.010
16.08.020
16.08.030
16.08.040
16.08.050
16.08.060
16.08.070
16.08.080
16.08.090
16.08.100
16.08.110
16.08.120
16.08.130
~6.08.140
16.08.150
16.08.160
16.08.170
16.08.180
16.08.190
16.08.200
16.08.210
16.08.220
Chapter purpose and intent. ~
Definitions.
Administration and enforcement.
Application - Generally.
Application - Notices.
Application - Review criteria - Additional information.
Development conformance - burden of proof
Application - Hearing - Required.
Application - Hearing - Official conducting.
Application - Hearing - Continuance.
Application - Hearing - Decision.
Application -
Hearing - Rules of conduct.
Application - Decision final.
Grant or denial decision - Notifications.
Development commencement time.
Termination or review and extension for nondevelopment.
Conditions or restrictions authorized.
Issuance limitations.
Decision appeals.
Rescission or modification.
Violation - Penalty.
Administration rules promulgation.
16.08.010 Chapter purpose and intent.
It is the intention of the city council that the provisions of this chapter will promulgate and
adopt a program for the administration and enforcement of a permit system that shall
implement by reference the State Shoreline Management ACt of 1971, Chapter 286, Laws
of 1971, Extraordinary Session, Chapter 90.58, and the State Department of Ecology
regulations and guidelines adopted as Chapters 173-14 and 173-16 WAC together with
amendments and/or additions thereto, and to provide for the implementation of the policy
2O
Revised 2-23-96
and standards as set forth in the aforesaid laws and regulations which are by reference
~nade a part of this chapter with the force and effect as though set out in full in thi~ chapter.
16.08.020 Definitions.
As used in this chapter: ,.
A. "Act" means Chapter 286 of the State Laws of 1971, Extraordinary Session, the
Shoreline Management Act and state departmental regulations pursuant thereto, including
any amendments thereto.
B. "Committee" means the planning and community development committee of the
city council.
C. "Definitions by reference" means the definitions and concepts set forth in Section
3 of the Act, and state departmental definitions adopted pursuant thereto which shall
also apply as used in this chapter as they would pertain to shorelines within the city limits.
D. "Director" means the director of the department of planning and community
development of the city, or his duly authorized deSignee.
16.08.030 Administration and enforcement.
A. The director shall have the responsibility for the administration of the permit
system pursuant to the requirements of the Act and regulations adopted and promulgated
by the State Department of Ecology as pertains to the city.
B. The city attorney shall bring such injunctive, declaratory or other actions, which
shall include the provisions of Chapter 1.25 ACC, as are necessary to insure that no uses
are made of the shorelines of the city in conflict with the provisions of this chapter or the
Shoreline Management Act or in conflict with the master plan, rules or regulations adopted
pursuant thereto, and to otherwise enforce the provisions of this chapter and the Act.
16.08.040 Application - Generally.
In addition to the requirements for a completed application as set forth in ACC Title
14. A~applications for substantial development permits, variances and conditional use
permits shall be completed on forms provided by the director. The application shall be
substantially consistent with the information required by WAC 173 -'14 - '1'10. The
director shall determine if the application is complete based u~on the information
required by this Chapter. The application may be submitted by the property owner,
21
Revised 2-23-96
lessee, contract purchaser, other person entitled to possession of the propert.y, or by an
auihorized agent.
16.08.050 Application - Notices.
The director shah ~ive notice of the application by the following methods.
A, Publishing a notice within a newspaper of ~eneral circulation of the City.
B. Mailing of the notice to the latest recorded real property owners as shown
by the records of the King County_ Assessor's Office within at least three hundred
feet of the boundary of the property_ upon which the deve[opment is proposed.
C. The director shall post three copies of a "Notice of Application ,qabli,s-Hear~9"
prominently on the property concerned and in conspicuous public places within 300 feet
thereof.
The notices shall include a statement that any person desiring to present his view to the
director with regard to the application may do so in writing to the director, and any person
interested in the hearing examiner's action on an application for a permit may submit his
views or notify the director of his interest within 30 days of the last date of publication of
the notice. Such notification or submission of views to the director shall entitle said persons
to a copy of the action taken on the application.
Ar~ .'.q~..~(.~rl ..~..,~r,,q e,k~ll k~ ,,llr,~u~rl +r~ e,s.k.,,q;4, lq;,~ ~;~ue, .sr,*N, ~.lq~ ,-~.N,-,I;,-*,~(';,N,q ,~.'
~r.,r.,..v~,.v.., ... ~,..~...~, ,v ~..v vs~j, .,.~..... vv ~M]v v. ~..v ..s.~. ~,,~,,v~...v.. v. vMv..
22
Revised 2,23-96
16.08.060 Application - Review criteria - Additional information.
A. The director shall review an application for a permit based on the following:
1. The application;
2. The environmental impact statement, if one has been prepared or other
environmental documents;
3. Written comments from interested persons;
4. Information and comments from other city departments affected and from
the city attorney;
5. Independent study of the planning department staff and evidence
presented at the public hearing held pursuant to provisions of this chapter.
B. The director may require that an applicant furnish information in addition to the
information required in the application forms prescribed. ,,,,_....__ ...... _.. ----~---~'4 ..... ,~
v~v,..v..~I ~..v. .~ ~.~......~ ~ ~v....,.l ..,.~.. ~..v v.~.v
. .v.v.
16.08.070 Development conformance burden of proof.
The burden of proving that the proposed development is consistent with the criteria set
forth in Section 2 of the Act and the master plan be!~, ''[_-..,~r...'''''-'4 for the city shall be on
the applicant, plus the requirements pursuant to Section 14(6) of the Act.
16.08.080 Application - Hearing - Required.
Hearing Examiner shall hold at least one public hearing on each application for a
substantial development on shorelines within the city..... .... ..-...-..-...-*"t'"~ ~,~,d -]k" ,~.... .... ..._.....*"". ,-""~'".-.-
shall be held not less than 30 days_. ...... ..._._ ,k.,,,..._.. ,,n_v --]-'d .... following the final publication of
the notice required by ACC 16.08.050 a~d ~ct !atcr :h~ 39 d~-:,'s therc~ff~-.''.
B. The noti(;:e and conduct of the public hearing shall be in accordance with
Chapter 18.66 of the Auburn City_ Code.
23
Revised 2-23-96
16'.08.090 Application - Hearing - Official conducting.
The public hearing required by ACC 16.08.080 shall be conducted by the Hearing
Examiner ,.k.,.' .... ~f the .... ~
16.08.100 Application - Hearing - Continuance.
If, for any reason, testimony on any matter set for public hearing, or being heard, cannot be
completed on the date set for such hearing, the hearing examiner may; before adjournment
or recess of such matters under consideration, publicly announce the time and place of the
continued hearing and no further notice is required.
16.08.110 Application - Hearing - Decision.
When the hearing examiner renders a decision, the hearing examiner shall make and enter
written findings from the record and conclusions thereof which supportthe decision. The
findings and conclusions shall set forth the manner in which the decision is 'consistent with
the criteria set forth in the state act and departmental regulations.
16.08.120 Application - Hearing - Rules of conduct.
The hearing examiner shall have the power to prescribe rules and regulations for the
conduct of hearings and to issue summonses for and compel the appearance of witnesses,
to administer oaths, and to preserve order. The privilege of cross-examination of witnesses
shall be accorded all interested persons or their counsel in accordance with the rules of the
hearing examiner
16.08.130 Application - Decision final.
The decision of the hearing examiner shall be the final decision of the city, unless appealed
to the city council. Oen all applications and the hearing examiner shall render a written
decision and transmit copies of such decision to persons who are required to receive
copies of the decision pursuant to ACC 16.08.140.
16.08.140 Grant or denial decision - Notifications.
The director shall notify the following persons in writing of the hearing examiner's final
approval, disapproval or conditional approval of a substantial development permit
application within ¢w-e eight days of its final decision:
24
Revised 2-23-96
' A. The applicant; '
:B. The State Department of Ecology;
C. The State Attorney General;
D. Any person who has submitted to the director written comments on the
application; ,..
E. Any person who has written the director requesting notification.
16.08.150 Development commencement time.
Development pursuant to a substantial development permit shall' not begin and shall not be
authorized until 30 21 days from the date the director files the approved substantial
development permit with the State Department of Ecology and Attorney General, or until all
review proceedings initiated within 30 21 days of the date of such filing have been
terminated.
16.08.160 Termination or review and extension for nondevelopment.
Construction or substantial progress toward construction of a project for which a permit has
been granted pursuant to this chapter must be undertaken within two years after permit
approval or the permit shall terminate. If such progress has not been made, a new permit
application will be required if a project for which a permit has been granted has not been
completed within five years after permit approval, the director shall, at the expiration of the
five-year period, review the permit; and, upon a showing of good cause, either extend the
permit for one year or terminate the permit: provided, that no permit shall be extended
unless the applicant has requested such review and extension prior to the permit expiration
date.
16.08.170 Conditions or restrictions authorized.
In granting or extending a permit, the director may attach thereto such conditions,
modifications and restrictions regarding the location, character and other features of the
proposed development as he finds necessary to make the permit compatible with the
criteria set forth in the Act and state departmental regulations. Such conditions may include
the requirement to post a performance bond assudng compliance with other permit
requirements, terms and conditions.
16.08.180 Issuance limitations.
25
Revised 2-23-96
Issuance of a substantial development permit does not obviate requirements ~or other
federal, state and county permits, procedures and regulations.
16.08.190 Decision appeals.
A. Any person aggrieved by the granting, denying or rescission of a substantial
development permit by the hearing examiner may seek review from the city council by filing
a request for the same with the council within five ten days ef-rec,,eipt of mailing the
hearing examiner's final decision.
B. Any person aggrieved by the granting, denying or rescission of a substantial
development permit by the city council may seek review from the State .Shorelines
Hearings Board by filing a request petition for review ~,ec~-,~m~e with the board within
30 21 days of ~ ,the date of filing as defined by RCW 90.58.'140(6). of the council's
final decision. Ccnc"."rc.".tl¥ ,,,"*~'...... Within seven days_ of the filing of a.".¥ ....... .,.,,v,,* for the
petition for review with the board, the person seeking review shall-f-lie serve a copy of his
~ petition with the State Department of Ecology, the office of the Attorney General
and the director.
16.08.200 Rescission or modification.
A. Any permit granted pursuant to this chapter may be rescinded or modified upon a
finding by the director that the permittee has not complied with the conditions of his permit.
B. The director may initiate rescission and modification proceedings by serving
written notice of noncompliance on the permittee.
C. Before a permit can be rescinded or modified, a public hearing shall be held by
the hearing examiner no sooner than 30 days following the service of notice upon the
permittee. The hearing examiner shall have the power to prescribe rules and regulations for
the conduct of such hearings.
16.08.210 Violation - Penalty.
A. The criminal and civil penalties contained in the provisions of the State Act are
hereby adopted.
B. In addition to the penalties adopted in subsection A of this section, any violation
of this chapter may be enforced pursuant to the provisions of Chapter 1.25 ACC.
16.08.220 Administration rules promulgation.
26
Revised 2-23-96
The director is authorized to adopt such rules as are necessary and appropriate
'implement this chapter. The director may prepare and require the use of such forms as are
necessary to its administration.
27
Chapter 17.06
PRELIMINARY PLAT
Revised 2-23-96
Sections:
17.06.010
17.06.020
17.06.030
17.06.040
17.06.050
17.06.060
17.06.070
17.06.080
17.06.090
17.06.100
17.06.110
Preapplication conference.
Application, submittal and contents.
Public hearing.
Administrative review.
Hearing examiner review.
City council review.
Findings of fact.
Notice of decision to applicant.
Transfer of property.
Adjustments of an approved preliminary plat.
Time limitations.
17.06.010 Preapplication conference.
Persons considering making application to subdivide land laying within the city are
encouraged to request that a preapplication conference be held with appropriate city staff.
Such request shall be directed to the planning director, and upon its receipt the director
shall schedule a conference between the prospective applicant and appropriate city staff.
The purpose of a preapplication conference is for the prospective applicant and city staff to
gain a common understanding of the nature of the contemplated subdivision and
subsequent development, and any procedures, rules, standards and policies which may
apply. The prospective applicant is encouraged to bring to the conference whatever
information deemed appropriate to help describe the existing nature of the site and its
surroundings and the proposed nature of the contemplated subdivision and subsequent
development. Such information may include photographs, sketches, and maps. The
director or the prospective applicant may request that an additional conference or
conferences be held to further the purpose of this section.
17.06.020 Application, submittal and contents.
28
Revised 2-23-96
A. Application. In addition to the requirements for a completed application as,
provided in ACC Title 14 Application for subdivision approval shall be submitted to the
department of planning and community development, shall be accompanied by applicable
fees as established by ordinance and shall include the following:
1. A completed subdivision application form, blank copies of which are
available from the department;
2. A completed environmental checklist form, blank copies of which are
available from the department, unless the director and the applicant agree that an
environmental impact statement must be prepared;
3. One sepia or photo vellum reproducible copy and ten-si~'paper copies of
a preliminary plat, prepared according to the provisions of this chapter;
4. Where any lot is proposed to be served by an on-site sewage disposal
system, results of preliminary percolation tests for each such proposed lot, conducted
under the King County Board of Health rules and regulations. The city engineer may
require that such tests be conducted under high ground water (winter) conditions;
5. A conceptual utility ctcrm '~"";-, -,, .... .-u.-,/~i~,~,. ... grading plan and/or
methodology prepared in accordance with the city's comprehensive plans, standards or
o,..,.,.. ,4.~ .... ordinance requirements.
6. The location of other utilities other than those provided by the City.
An application for preliminary plat approval shall be approved, approved with conditions,
returned to the applicant for modifications or denied pursuant to the department, unless the
applicant agrees in writing to an extension of this time period. The department shall not be
considered to be in receipt of an application for preliminary plat approval unless and until
such time as the application meets the requirements of this section, as determined by the
director.
B. Preparation. The preliminary plat shall be prepared by a professional engineer or
professional land surveyor registered or licensed by the state of Washington. The preparer
shall, by placing his or her signature and stamp upon the face of the plat, certify that all
information is portrayed accurately and that the proposed subdivision complies with the
standards and requirements of this title, the Auburn zoning ordinance and any other
applicable land use and development controls.
C. Scale and Format. The preliminary plat shall be drawn with India ink or other
reproducible black ink on mylar. All geographic information portrayed by the preliminary
plat shall be accurate, legible, and drawn to an engineering (decimal) scale. The horizontal
29
Revised 2-23-96
Scale of a preliminary plat shall be 100 feet or fewer to the inch, except that the location
sketch and typical street cross sections may be drawn to any other appropriate scale. A
preliminary plat shall be 24 inches by 36 inches in size, and if more than one sheet is
needed each sheet shall be numbered consecutively and an index sheet showing the entire
property and orienting the other sheets, at any appropriate scale, shall be provided.
D. Preliminary Plat Contents. A preliminary plat shall provide the following
information:
1. General Information. The following information shall appear on each sheet
of a preliminary plat:
a. The name of the proposed subdivision, together with the words
"preliminary plat";
b. The name and address of the applicant;
c. The name, address, stamp and signature of the professional
engineer or professional land surveyor who prepared the preliminary plat;
d. Numeric scale, graphic scale, true north point and date of
preparation;
e. A form for the endorsement of the planning director, as follows:
APPROVED BY RESOLUTION ~ OF THE CITY COUNCIL ON (Date)
Director, Planning and Community Development Dept.
Date
f. Legal description of preliminary plat;
2. Vicinity Map. A vicinity map sufficient to define the location and
boundaries of the proposed subdivision with respect to surrounding property, streets, and
other major manmade and natural features shall appear on the preliminary plat;
3. Existing Geographic Features. Except as otherwise specified herein, the
following existing geographic features shall be drawn lightly in relation to proposed
geographic features:
a. The boundaries of the property to be subdivided, and the
boundaries of any adjacent property under the same ownership as the land to be
subdivided, to be indicated by bold lines,
b. All existing property lines lying within the proposed subdivision
which are to be vacated, and all existing property lines lying within 100 feet of the property
3O
Revised 2-23-96
to be subdivided or within 100 feet of property lying adjacent to and under the same ,
'owners'hip as the property to be subdivided,
c. The location, right-of-way widths, pavement widths, and names of
all existing or platted streets, whether
adjacent to the proposed subdivision,
d. The location,
public or private, and other public ways within or
widths and purposes of any existing easements,
including recording numbers, lying within or adjacent to the proposed subdivision,
e. The location and size of existing sanitary sewer, storm sewer and
water lines lying within or adjacent to the proposed subdivision,
f. The location of existing section and municipal corporation
boundary lines lying within or adjacent to the proposed subdivision,
g. The location of any well used for domestic water supply existing
within the proposed subdivision or within _,~400 feet of the boundaries of the proposed
subdivision,
h. Existing contour lines at intervals of five feet for average slopes
exceeding five percent, or at intervals of one foot for average slopes not exceeding five
percent. Existing contour lines which will be altered through filling or excavation shall be
indicated by broken lines (final contour lines shall be indicated by solid lines, as provided by
subsection (D)(4)(f) of this section). Contour lines shall be labeled at intervals not to exceed
20 feet, and shall be based upon city datum, e.g. NGVD USGS -'" "~' ~""' ~-~
i. The location of any existing structures lying within the proposed
subdivision. Existing structures to be removed shall be indicated by broken lines, and
existing structures not to be removed shall be indicated by solid lines;
j. The location of all areas of FEMA flood designations.
4. Proposed Geographic Features. The following proposed geographic
features shall be shown:
a. The boundaries and approximate dimensions of all proposed lots,
and the proposed identifying number or letter to be assigned to each lot and/or block,
b. The right-of-way location and width, the proposed name of each
street, alley or other public way to be created and adequate horizontal and vertical
street geometrics to ensure comDliance_ with city_ standards ,,,k~,~...._._
c. The location, width and purpose of each easement to be created,
31
Revised 2-23-96
d. The boundaries, dimensions and area of public and common park
and open space areas,
e. Identification of all areas proposed to be dedicated for public use,
together with the purpose and any conditions of dedication,
f. Proposed final contour lines at intervals of five feet for average
slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding
five percent. Final contours shall be indicated by solid lines (existing contours which are to
be altered shall be shown by broken lines, as provided by subsection (D)(3)(h) of this
section). Contour lines shall be labeled at intervals not to exceed 20 feet, shall be based
upon city datum e.g., NGVD '__~=_'~-~ ""v. ~___ _.._~"'~ ~-~,__ and shall be indicated by lines drawn
lightly relative to other proposed geographic features;
5. Additional Information. The following additional information shall be shown
on the face of the preliminary plat:
a. For proposed subdivisions involving residential land uses, a table
providing the following information for each distinct residential area:
i. Proposed land use (e.g,, single-family, duplex, multifamily),
ii. Number of dwelling units,
iii. Gross acreage,
iv. Existing zoning designation,
v. Proposed zoning designation,
vi. Approximate area of smallest lot,
b. Proposed source of domestic water supply,
c. Proposed sewage disposal system,
d. Typical street cross section(s).
e. Proposed storm drainage sYstem
17.06.030 Public hearing.
A. Upon receipt of a complete application for preliminary plat approval, the director
shall tentatively set a date for a public hearing to be held before the hearing examiner.-at
k~ .... , ..... , ..... ,~,.,., · ..... k~..k ...~ ..... *,. ,...*~ ..... k~, ,.~ .... Every hearing held
for the purposes of this chapter shall be open to the public, and a record of the hearing
shall be kept and made available for public inspection. A public hearing held under this
chapter shall not be continued beyond the originally scheduled .date of public hearing
32
Revised 2-23-96
unless the applicant consents, in writing, to an extension of the time period allowed for a~
~ecisio~ under RCW 58.17.140.
B. Any notice of public hearing required by this section shall include the hour, date
and location of the hearing and a description of the property to be subdivided. The
description may be in the form of either a vicinity location sketch or a written description
other than a legal description.
C. Except as provided in RCW 36.70B.'110 Aat a minimum, the planning director
shall cause notice of the hearing to be given in the following manner:
1. Notice shall be published not less than 10 days prior to the hearing in a
newspaper of general circulation within the county where the real property which is
proposed to be subdivided is located;
2. Notice shall be published not less than 10 days prior to the hearing in a
newspaper of general circulation in the area where the real property which is proposed to
be subdivided is located;
3. Notice shall be mailed to the owners of real property, as shown by the
records of the county assessor, located within 300 feet of any portion of the boundary of
the proposed subdivision; provided, that where the owner of the real property which is
proposed to be subdivided owns another parcel or parcels of real property which lie
adjacent to the real property proposed to be subdivided, notice under this subsection shall
also be given to owners of real property located within 300 feet of any portion of the
boundaries of such adjacently located parcels. Five public notices shall also be posted
within 300 feet of the proposal;
4. Where any boundary of the proposed subdivision lies adjacent to or within
one mile of the municipal boundaries of any city or town other than the city, notice shall be
mailed to the appropriate city or town authorities;
5. Where the proposed subdivision adjoins the municipal boundaries of the
city, notice shall be mailed to the appropriate county officials;
6. Where the proposed subdivision is located adjacent to the right-of-way of
a state highway, notice shall be mailed to the Washington State Department of
Transportation;
7. Where the proposed subdivision is located within two miles of a publicly
owned airport, notice shall be mailed to the WashingtOn State Secretary of Transportation.
17.06.040 Administrative review.
33
Revised 2-23-96
A. The director shall forward to the city engineer, one copy of the proposed
preliminary plat, together with copies of any appropriate accompanying documents. The
city engineer shall review the preliminary plat as to the adequacy of the proposed means of
sewage disposal and water supply; the conformance of the proposal to any plans, policies
or regulations pertaining to streets,_.v....o*'-""" a,.o;_._..._~,v ...... v. utilities; and regarding any other
issues related to the interests and responsibilities of the city engineer and the department
of public works. The terms of a recommendation for approval submitted to the hearing
examiner under this subsection shall not be modified by the director of public works or the
city engineer without the consent of the applicant.
B. The director shall solicit the comments of any other appropriate city' department,
local utility provider, local school district, and any other appropriate public or private entity,
concerning the proposed subdivision. Comments received in a timely manner, as well as
any written comments received in response to a notice of public hearing, shall either be
transmitted to the hearing examiner or incorporated into a report prepared by the director
and submitted to the hearing examiner, prior to the scheduled public hearing.
C. The director shall ensure that, to the extent possible, the preliminary plat will be
processed simultaneously with other approvals related to the subject property.
17.06.050 Hearing examiner review.
A. Pursuant to the provisions of Chapter 18.66 ACC the hearing examiner shall
within 10 calendar days of the closure of the public hearing recommend to the city council
to approve, deny, or approve with conditions the preliminary plat. The hearing examiner
shall not recommend approval of the preliminary plat unless he finds the proposed
subdivision is in conformance with the findings of fact as outlined in ACC 17.06.070.
B. Pursuant to the provisions of ACC 18.66.150, the planning director or any
interested party affected by the recommendation of the examiner who asserts that the
hearing examiner based that recommendation on an erroneous procedure, errors of law or
fact, error in judg~nent, or the discovery of new evidence which could not be reasonably
available at the prior hearing, may make a written request for review by the examiner within
seven calendar days after the written decision of the examiner has been rendered. The
request for reconsideration shall set forth the specific errors relied upon by such appellant,
and the examiner may, after review of the record, take further action as the examiner
deems proper. The examiner may request further information which shall be provided
within 10 calendar days of the examiner's request. The examiner's written decision on the
34
Revised 2-23-96
request for consideration shall be transmitted to all parties of record within 10 calendar '
days of receipt of the request for reconsideration or receipt of the additional information
requested, whichever is later.
17.06.060 City council review.
A. Upon receipt of the hearing examiner's recommendation, the city council shall at
its next public meeting tentatively approve, remand the recommendation to the examiner
or schedule a closed record public hearing, pursuant to Section 18,66.170 of the
Auburn City_ Code. on the proposed preliminary plat. Any aggrieved person may request
the council to conduct its own closed reCord hearing. The council must first conduct a
closed record public hearing if the council modifies or reverses the recommendation of the
hearing examiner.
B. In its deliberations on a proposed preliminary plat, the council shall consider, but
shall not be bound by, the findings, conclusions and recommendations of the hearing
examiner, and all testimony and other evidence presented during the c~u~c!! Hearing
Examiner public hearing,~. After considering the preliminary plat, the council
may t-e~atively-approve, ~ approve with conditions, reject or return the plat to
the applicant for corrections or modifications.
C. When the council makes its ~ decision on the preliminary plat, it shall
adoot ;""'* .... * *~'~ ";*" "** ...... *" _ -
_ . ..............., ........, ._ p:=~.=r~ a resolution prepared by the City Attorney.
meetir~ A resolution prepared under this subsection shall include formal findings of fact
and conclusions supporting the decision. If the decision is for approval or approval with
conditions, the findings shall affirm that the subdivision conforms with all applicable city
land use regulations. If the decision is for approval with conditions, the conditions shall be
specified in the resolution.
17.06.070 Findings of fact.
Preliminary plats shall only be approved if findings of facts are drawn to support the
following:
A. Adequate provisions are made for the public health, safety and general welfare
and for open spaces, drainage ways, streets, alleys, other public ways, water supplies,
sanitary wastes, parks, playgrounds, and sites for schools and school grounds;
35
Revised 2-23-96
B. Conformance of the proposed subdivision to the general purposes of the
comprehensive plan;
C. Conformance of the proposed subdivision to the general purposes of any other
applicable policies or plans which have been adopted by the city council;
D. COnformance of the proposed subdivision to the general PUrposes of this title, as
enumerated in ACC 17.02.030;
E. Conformance of the proposed subdivision to the Auburn zoning ordinance and
any other applicable planning or engineering standards and specifications as adopted by
the city;
F. The potential environmental impacts of the proposed subdivision are mitigated
such that the preliminary plat will not have an unacceptable adverse effect upon the quality
of the environment.
17.06.080 Notice of decision to applicant.
Following adoption of a resolution approving or rejecting a preliminary plat, the director
shall notify the applicant of the decision. The notice shall be accompanied by a copy of the
adopted resolution. If the resolution is for approval or approval with conditions, the notice
shall advise the applicant to prepare an improvement method report, as described by
Chapter 17.08 ACC, and shall inform the applicant regarding the applicable time limitations
on final plat submittal. This notice of decision is in addition to any notice of decision
reauired under ACC Title 14.
17.06.090 Transfer of property.
If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract or
parcel of land following preliminary plat approval but prior to final plat approval, is expressly
conditioned on the recording of the final plat containing the lot, tract or parcel under this
chapter~ the offer or agreement does not violate any provision of this chapter. All payments
on account of an offer or agreement conditioned as provided in this section shall be
deposited in an escrow or other regulated trust account and no disbursement to sellers
shall be permitted until the final plat is recorded.
17.06.100 Adjustments of an approved preliminary plat.
A. Minor Adjustments. Minor adjustments may be made and approved by the
planning director. Minor adjustments are those which may affect the precise dimensions of
36
Revised 2-23-96
the 151at but which do not affect the basic character or arrangement of the lots and'streets'.
Such dimensional requirements shall not vary more than 10 percent from the original. The
adjustments cannot be inconsistent with the requirements of the preliminary plat approval.
The adjustments cannot cause the subdivision to be in violation of this title, the zoning
ordinance, any other applicable city land use control, Chapter 58.17 RCW, or any other
applicable state law or regulation.
B. Major Adjustments. Major adjustments are those when determined by the
planning director, substantially change the basic design, layout, open space or other
requirements of the plat. When the planning director determines a change constitutes a
major adjustment a new application for a preliminary plat is required and shall be
processed as a new and separate application.
17.06.110 Time limitations.
A. A preliminary plat, approved prior to April 17. 1995 shall be valid for a three-year
period following council approval of the preliminary plat. An applicant who files a written
request with the council at least 30 days before the expiration of the three-year period shall
be granted a one-year extension upon showing that a good faith effort has been attempted
in applying for a final plat. A good faith effort is defined to be at minimum the submittal of a
complete engineering-construction drawing(s) to the city. Additional extensions of one year
may be similarly requested by the applicant and granted by the council, subject to a finding
of good faith effort.
B. A preliminary_ plat. approved on or subsequent to April 17. '1995 shall be valid
for a five year period following Council approval of the preliminary_ plat. The City_
Council miry allow iln(;remental one year extensions pljrsuant to the same process
and criteria as outlined in section '17.06.'1'10(A). At the same time the Council is
considering the extension it may also add. alter or delete any conditions or
requirements that were made part of the preliminary_ plat approval.
C. A plat granted preliminary approval but not filed for final plat approval within the
applicable time period or extended time period shall be null and void.
37
CHAPTER 17.14
SHORT SUBDIVISIONS
Revised 2-23-96
Sections:
17.14.010
17.14.020
17.14.030
17.14.040
17.14.050
17.14.060
17.14.070
17.14.080
17.14.090
17.14.100
17.14.110
General provisions.
Preapplication conference.
Application.
Accompanying documents.
Administrative review.
Planning director's decision.
Distribution and filing.
Conditional approval requirements.
Release of improvement guarantee.
Improvement requirements.
Unbuildable lots.
17.14.010 General provisions.
Land shall be divided by the short subdivision method according to the provisions of this
title, if the two following criteria are met:
A. The division will not result in the creation of more than four lots, tracts or parcels;
B. The lot being divided had not been created by a short subdivision within the
previous five years except that when the short plat contains fewer than four parcels the
owner who filed the short plat may file a revised short plat within the five-year period to
create up to a total of four lots within the original short plat boundaries.
17.14.020 Preapplication conference.
Persons considering making application to short subdivide land lying within the city are
encouraged to request that a preapplication conference be held with appropriate city staff.
Such request shall be directed to the planning director, and upon its receipt the director
shall schedule a conference between the prospective applicant and appropriate city staff.
The purpose of a preapplication conference is for the prospective applicant and city staff to
gain a common understanding of the nature of the contemplated short subdivision and
subsequent development, and any procedures, rules, standards and policies which may
apply. The prospective applicant is encouraged to bring to the conference whatever
38
Revised 2-23-96
info?marion deemed appropriate to help describe the existing nature of the site arid its ,
surrou'ndings and the proposed nature of the contemplated short subdivision and
subsequent development. Such information may include photographs, sketches, and maps.
The director or the prospective applicant may request that an additional conference or
conferences be held to further the purpose of this section.
17.14.030 Application.
In addition to the requirements for a completed application as set forth in ACC Title
t4 an Aa.oplication for short subdivision approval shall be submitted to the department of
planning and community development on forms to be provided by the department, and
shall provide the following information:
A. The name, address and telephone number of the applicant;
B. A certification by the applicant showing the entire contiguous land in which there
is any interest by reason of ownership, contract for purchase, earnest money agreement or
option by any person, firm or corporation in any manner connected with the development,
and the names and addresses and telephone numbers of all such persons, firms or
corporations;
C. The existing zoning classification;
D. The square footage computation of each lot or parcel sufficiently accurate to
show that such lot or parcel contains at least sufficient footage to meet minimum zoning
and health requirements. The square footage of land contained in access easements or
access panhandles shall not be included in the lot size computations;
E. The source of water supply for each lot, including proposed well locations and
easements, if any;
F. The method of sewage disposal and, if septic tanks are to be used, preliminary
percolation test must be submitted. The percolation tests must be conducted in accordance
with King County regulations. A separate percolation test must be performed on each lot of
the proposed short subdivision and submitted to the department of public works for
approval. The city engineer may require that such tests be made under high groundwater
(winter) conditions. In lieu of requiring that percolation test results be submitted at the time
of application, the planning director may approve a short plat, subject to a condition that the
required test results be submitted and approved by the city engineer before the plat can be
recorded. If septic tanks and drainfields are used for a sewage disposal system then the
39
Revised 2-23-96
'subdivider shall be required to sign a nonremonstrance agreement if a futur,e'local, '
improvement district is formed providing for public sanitary sewers to serve the short plat;
G. A short plat prepared on the forms supplied with the application and containing
the following information:
1. A legal description of the short subdivision and of all the lots, tracts or
parcels therein, together with the legal description of private roads and easements therein,
2. The date, scale and north arrow,
3. The boundary lines to scale of the tract to be subdivided and of each lot
contained therein. All boundary lines to be properly dimensioned,
4. The number assigned to each lot,
5. The location and widths of any easements for public services and utilities
within the area contained within the short subdivision,
6. The boundaries of all lands reserved in the deed for common use of the
property owners of the short subdivision,
7. The map and legal descriptions included in the application for a short
subdivision shall be prepared and certified by a registered land surveyor;
H. Any additional pertinent information required by the planning director.
17.14.040 Accompanying documents.
An application for short subdivision approval shall be accompanied by the following:
A. Proof of date of last segregation of the parcel of land to be short subdivided;
B. A completed environmental checklist form, blank copies of which are available
from the department, if the responsible official deems it necessary;
C. Copy of restrictions, if any, to'be imposed upon the use of the land. Such
restrictions must be recorded simultaneously with the short subdivision;
D. In any short subdivision where lots are served or to be served by a private road,
the subdivider shall furnish a copy of such further covenants or documents that will result
in:
1. Each lot owner having access thereto and having responsibility for
maintenance of any private road contained within the short subdivision in such a condition
as to allow free access for emergency vehicles,
2. Allowing access for emergency vehicles,
3. Such covenants or documents shall obligate any seller to give actual
notice to any prospective purchaser of the method of maintenance of the private road,
40
Revised 2-23-96
,which notice shall be caused to be included in any deeds or contracts relating to s'uch sal'e
and such covenants or documents shall be recorded simultaneously with the short
subdivision;
E. A current (within 30 days) title company certification of:
1. The legal description of the total parcel sought to be sh~rt subdivided,
2. Those individuals or corporations holding an ownership interest in said
parcel,
3. Any easements or restrictions affecting the property to be short
subdivided with a description of purpose and referenced by auditors file number and/or
recording number.
17.14.050 Administrative review.
A. An application for short plat approval shall be approved, approved with
conditions, returned to the applicant for modifications or denied within 30 days of its receipt
of a complete application by the department unless the applicant agrees, in writing, to an
extension of this time period. The department shall not be considered to be in receipt of ar~
complete application for short plat approval unless and until such time as the application
meets the requirements of ACC 17.14.030 and 17.14.040, as determined by the director.
This time _period may be extended if an environmental checklist is re~.uired by
Chapter 16.06 of the Auburn City_ Code and such extension does not conflict with
applicable requirements contained in ACC Title '14.
B. Upon receiving a complete application for short subdivision approval, the director
shall transmit a copy of the short plat, together with copies of any accompanying
documents as the director deems appropriate, to the following:
1. City engineer, who shall review the proposed short subdivision with
regard to its conformance to the general purposes of adopted traffic and utility plans;
adequate provisions for storm drainage, streets, alleys, other public ways, water and
sanitary sewer; and conformance to any applicable improvement standards and
specifications;
2. City fire marshal, who shall review the proposed short subdivision with
regard to adequate provisions for emergency access;
3. Any other city department, utility provider, school district or other public or
private entity as the director deems appropriate.
41
Revised 2-23-96
in transmitting the proposed short plat to the parties referenced above, the d, ii'ector ~hall
solicit their comments and recommendations, and note the date by which comments and
recommendations must be received by the department in order to be considered. Any
comments received by that date shall be incorporated into the formal findings which will
form the basis of the director's decision on the short subdivision. If no comments are
received from any of the parties referenced above, the planning director shall make such
findings as the director deems just. However, in every case a proposed short Plat shall
contain a statement of approval from the city engineer, as to the survey data, the layout of
streets, alleys and other rights-of-way, design of bridges, sewer and water systems and
other structures. The planning director shall not approve a short plat which does not
contain such a statement signed by the city engineer.
C. The planning director shall review the proposed short subdivision and determine
its conformance to the general purposes of this title, its conformance to the Auburn
comprehensive land use plan, and its conformance to Title 18, and any other applicable
land use controls. These determinations shall be incorporated into the formal findings
which will form the basis of the director's decision on the short subdivision.
17.14.060 Planning director's decision.
A. The planning director shall, within the time period described by ACC
17.14.050(A), take one of the following actions:
1. Approve the short subdivision with or without conditions;
2. Return the short plat to the applicant for correction or modification or for
the construction of improvements as requested by the city engineer or fire marshal; or
3. Disapprove the short subdivision.
B. The director may require, as a condition of plat approval, that any required
improvements be guaranteed by one of the methods described by ACC 17.08.010, prior to
short plat approval.
C. Upon reaching a decision, the director shall so notify the applicant. Notification
shall include a recitation of the findings and conclusions upon which the decision is based,
and any conditions of approval and such notification shall comply with any applicable
requirements contained in ACC Title 14.
D. Any person aggrieved by the decision of the planning director may appeal,
within 14 days of mailing the decision, the decision to the hearing examiner in
accordance with procedures prescribed in ACC 18.70.050(B) through (E). The City_ shall
42
Revised 2-23-96
.exte~(t the a.opeal .period for an additional seven days for short .olats that are
accompanied by a Final Mitigated Determination of Non-Significance or Final ElS.
After public hearing thereon, the hearing examiner may approve, disapprove or return the
short plat to the applicant for modification, correction, construction of improvements, or
meeting conditions of approval. The hearing examiner's decision shall be. final unless
appealed to the city council as prescribed in ACC 18.66.160.
17.14.070 Distribution and filing.
The planning director shall either forward the original of the approved short plat to the
county auditor for recording, or shall return the original to the applicant for recording. The
director shall retain one copy of the approved short plat in the files of the planning
department, and shall forward one copy to the city engineer.
17.14.080 Conditional approval requirements.
VVhere a short plat is approved subject to conditions, no building permit shall be issued for
property subject to the short subdivision prior to the conditions either being fulfilled or
guarantees provided to ensure the conditions are met.
17.14.090 Release of improvement guarantee.
If an improvement bond or other guarantee has been submitted under ACC 17.14.060(B),
such guarantee shall be released upon acceptance by the city of a properly executed bill of
sale for such improvements. A portion of the guarantee equivalent to 10 percent of the
value of public improvements installed may be retained by the city for a period of time up to
one year after acceptance, to ensure the adequate operation of such improvements,
following which any unused portion of such guarantee shall be released.
17.14.100 Impro~/ement requirements.
A. Lot Area and Dimensions. Each lot created by short subdivision shall contain
sufficient square footage and lot dimensions to meet the requirements of Title 18 of this
code. Each lot to be served by an on-site sewage disposal system shall be a minimum of
15,000 square feet in area and shall also meet the minimum lot area requirements of the
King County Board of Health rules and regulations, as determined by the public works
department. Land contained in access easements, tracts or panhandles shall not be
included in lot area or lot dimension calculations for the purposes of this section.
43
Revised 2-23-96
B. Conformance with Adopted Plans. Street, water, sewer and storm drainage
facilities adjacent to or within the short subdivision shall be in conformance with the
adopted city ordinances, standards and policies. Easements for utilities recommended by
such plans shall be provided to the city, the exact location of such easements to be
determined by the city engineer.
C. Floods, Flood Control and Storm Drainage.
1. Where any portion of the proposed short subdivision lies within the one
percent flood hazard area or the regulatory floodway, the director shall impose a condition
on the short plat requiring the subdivider to conform to the Federal Emergency
Management Agency (FEMA) flood hazard'requirements.
2. A conceptual storm drainage/site grading plan may be required to be
submitted, as part of the short plat, as determined by the city engineer.
D. Adjacent Streets. When any public street lying adjacent to the property being
short subdivided has insufficient width or for any other reason does notconform to
minimum street standards, as described in ACC 17.12.090 through 17.12.150, sufficient
additional right-of-way shall be dedicated to the city and appropriate improvements shall be
made by the subdivider to conform the abutting half of the street to such standards. Such
improvements may be delayed if guaranteed to the satisfaction of the city engineer. Any
such guarantee shall be recorded with the plat and shall be binding upon the property
owner and the owner's heirs, successors and assigns. In deciding whether a delay should
be allowed, the city engineer shall consider the present and future need for such
improvement, the improved or unimproved nature of adjacent right-of-way, and whether or
not street grades have been established.
E. Access.
1. All short subdivisions shall border on an opened, constructed and
maintained public street. All lots within a short subdivision shall either border on an opened,
constructed and maintained public street or shall be served by a private street, access
easement, tract or panhandle having direct access to such a public street. Where private
streets and access easements are provided, they shall be improved or guaranteed to the
standards considered appropriate to the situation by the city engineer, but in all cases shall
be paved to a minimum depth of two inches and a minimum width of 20 feet.
2. All private streets, access easements and panhandles shall be capable of
meeting the fire access requirements of Chapter 13.16 ACC, in addition to any other
requirements of this title, including but not limited to: all-weather surface material as
Revised 2-23-96
,provided by city engineer, where not otherwise required to be paved, and minimu~n
turnaround requirements on dead-end streets or access easements as specified by the fire
department.
3. A private street, access easement or panhandle providing access to not
more than one dwelling unit shall be a minimum of 20 feet in width.
4. A private street, access easement or panhandle serving one or more
residential lots capable of supporting more than one but fewer than 25 dwelling units in the
aggregate, under the zoning requirements in effect on the date of short plat approval, shall
be a minimum of 30 feet wide, except that where more than one such access way is
provided to such lot or lots, the minimum width of each shall be 20 feet.
5. A private street, access easement or panhandle serving one or more
residential lots capable of supporting 25 or more dwelling units in the aggregate, under the
zoning requirements in effect on the date of short plat approval, shall be a minimum of 50
feet wide, except that where more than one such access way is provided to such lot or lots,
the minimum width of each shall be 30 feet.
6. A private street, access easement or panhandle providing access to one
or more commercial or industrial lots shall be a minimum of 30 feet wide; provided, that the
planning director may require such access to be up to 60 feet wide Upon finding that such
greater width is necessary to provide for adequate access and circulation.
7. The maximum number of lots to be served by a private street or access
easement shall be four.
8. Cul-de-sacs/dead ends shall not be more than 600 feet in length.
F. Dedication of Streets.
1. Dedication of a public street or streets may be required, whenever the
planning director finds that one or more of the following conditions applies:
a. The general alignment of a proposed private street, access
easement or panhandle follows the general alignment of a future arterial recommended by
the traffic circulation element of the comprehensive plan; or
b. The general alignment of a proposed private street, access
easement or panhandle can be reasonably modified to provide a desirable through
connection between two or more existing or planned public streets or arterials; or
c. A public street would be necessary to provide adequate access to
adjacent property not subject to the proposed short subdivision.
45
Revised 2-23-96
2. Whenever the director makes such a finding the short plat shall be ~
returned to the applicant and a public hearing scheduled on the proposed street de~lication.
The hearing shall be conducted by the hearing examiner pursuant to ACC 18.66.150 and
the examiner shall make a recommendation to the city council pursuant to ACC 18.66.170.
Subsequent to the council's decision, the applicant shall prepare a st,.atutory warranty deed,
dedicating the street, and together with the deed return the short plat to the director for final
action.
G. Fire Hydrants. All lots within a short plat shall be capable of being served by a
fire hydrant as required by Chapter 13.16 ACC. Property zoned RR, rural residential, may
be exempt provided the requirements of ACC 13.16.030 of this code are met.
17.14.110 Unbuildable lots.
Every lot within a short plat shall be capable of being reasOnably served by public or private
sewage disposal, water, and streets. The city will not approve a short plat for which a
building permit cannot be issued if the necessary infrastructure is not reasonably provided
for.
46
Chapter 17.16
LOT LINE ADJUSTMENTS
Revised 2-23-96
Sections:
17.16.010 Scope.
17.16.020 Application.
17.16.030 Administrative review.
17.16.010 Scope.
The boundary lines separating two or more lots of record may be adjusted under the
provisions of this chapter; provided, that such adjustment:
A. Will not result in the creation of any additional lot, tract, parcel, site or division;
B. Will not create any lot, tract, parcel, site or division which contains insufficient
area and dimensions to meet the requirements of Title 18 of this code;
C. Will not adversely affect access, easements or drainfields;
D. Will be consistent with any applicable health, building or similar regulations;
E. Will not increase the nonconforming aspects of an existing nonconforming lot.
17.16.020 Application.
A. In addition to the requirements for a completed application as set forth in
ACC Title '14 an Aapplication for lot line adjustment shall be made on forms to be provided
by the planning department, and shall be submitted to the planning department together
with the applicable fee and two copies of a plan, drawn to scale and accurately
dimensioned, clearly showing the following information:
1. The proposed lot lines for all affected lots, indicated by heavy solid lines;
2. The existing lot lines proposed to be changed, indicated by heavy broken
lines;
existing within or
5.
3. The location of all structures existing upon the affected lots;
The location and dimensions of any drainfield, easement or right-of-way
adjacent to any affected lot;
The area and dimensions of each lot following the proposed adjustment;
6. The existing and, if applicable, proposed future method of sewage
disposal for each affected lot. Where any lot affected by a proposed lot line adjustment is
47
Revised 2-23-96
§erved or is likely to be served in the future by an on-site sewage disposal system, a'
percolation test for each such lot may be required by the city engineer when the cit~,
engineer finds that the proposed adjustment could adversely affect the ability of such lot to
be adequately served by such on-site system.
B. Whenever a lot line adjustment involves a detailed metes and bounds legal
description the planning director may require the lot line adjustment to be prepared by a
licensed land surveyor in order to ensure the accuracy of the new legal descriptions and
drawings.
17.16.030 Administrative review.
An application for a lot line adjustment shall be approved, approved with conditions,
returned to the applicant for modifications or denied within 15 days of its receipt of a
complete application by the department. The department shall not be considered to be in
receipt of a complete application unless and until such time as the application meets the
requirements of ACC 17.16.020, as determined by the director.
A. The planning director shall forward one copy of the proposed lot line adjustment
plan to the public works and fire department who shall review the plan and submit
comments to the planning director within 10 days of receipt.
B. Following receipt of the comments of those consulted under subsection A of this
section, but no later than 15 days following receipt of a complete application, the planning
director shall approve or deny the requested lot line adjustment. In making a decision, the
director shall make appropriate findings of fact in writing. Following a decision, the director
shall notify the applicant. The applicant shall then record the lot line adjustment with King
County within 30 days or the lot line adjustment shall be null and void.
C. An aggrieved person may appeal the director's decision on a lot line adjustment
within 14 days of mailing the Director's decision, to the hearing examiner, in
accordance with procedures prescribed in ACC 18.70.050(B)through (E). The hearing
examiner's decision shall be final unless appealed to the city council prescribed in Section
18.66.160 of the Auburn City Code.
48
Revised 2-23-96
Chapter 17.24
AMENDMENTS
'Sections:
17.24.010
17.24.020
17.24.030
'17,24.040
Public hearing and notice.
Planning commission recommendation.
Council action.
Initiation of amendments
17.24.010 Public hearing and notice.
The planning director shall schedule a public hearing to be held before the planning
commission, for any proposal to amend this title or to adopt or repeal any ordinance under
the authority established by Chapter 58.17 RCW. The director shall cause notice of such
hearing to be given as follows:
A. By submitting to the State Planning and Community Affairs Agency a copy of the
proposed ordinance or amendment, together with a notice indicating the time and place of
public hearing;
B. By sending to any individual or organization which has submitted a request for
notification, a notice indicating the time and place of public hearing, describing the general
nature of the proposal, and indicating how copies of the proposed ordinance or amendment
can be obtained; and
C. By publishing in a newspaper of general circulation in the area, a notice
indicating the time and place of public hearing, describing the general nature of the
proposal, and indicating how copies of the proposed ordinance or amendment may be
obtained.
17.24.020 Planning commission recommendation.
After the public hearing has been closed, the planning commission shall recommend to the
council either adoption, adoption with modifications, or rejection of the proposed ordinance
or amendment. In formulating its recommendation, the commission shall consider, among
other things, the relationship between the proposed ordinance or amendment and the
comprehensive plan, other, applicable city policies, and other existing land use controls.
49
Revised 2-23-95
17.24.030 Council action.
The planning director shall forward the planning commission's recommendation, in writing,
to the council. The council may elect to hold its own public hearing, either before the full
council or before a council committee, in which case the city clerk shall cause adequate
notice to be given. The council shall consider, but shall not be bound by, the planning
commission's recommendation in reaching its own decision.
17.24.040 Initiation of amendments
1. The city council, or planning and community_ development committee of
the city council, upon its own motion may request the planning commission to
conduct a public hearing to amend any portion or all of this title:
2. The planning commission may upon its own motion call for a public
hearing to amend any portion or all of this title:
3. Any resident or property_ owner of the city_ may petition the city_ to request
an amendment to the text of this title.
50
Chapter 18.62
SURFACE MINING
Revised 2-23-96
SECTIONS:
18.62.010
18.62.020
18.62.030
18.62.040
18.62.050
18.62.060
18.62.070
Intent.
Scope.
Permit.
Surface mining standards.
Reclamation plan.
Non-conforming mining sites.
Revocation of permits.
18.62.010 Intent.
The intent of this chapter is to respond to the regional need for the aggregate resources
located in the City in a manner which enhances, rather than detracts from, the orderly
development of the City; to establish management policies which rigidly control the
operation of all pits in the City, in order to reduce the inherent adverse impacts that such
activities produce in an urban environment, and to provide a process which may allow the
surface mining of materials to include coal, clay, stone, sand, gravel, metallic ore, top soil
or similar solid materials.
18.62.020 Scope.
This chapter shall regulate all surface mining of materials with the exception of:
A. Excavation for the construction of public facilities and appurtenances for water, sanitary
sewer, streets, and other underground utilities;
B. Cemetery graves;
C. Excavation for basements or footings which is part of a valid building permit;
D. Excavation of materials which does not exceed one thousand (1000) cubic yards over
the lifetime of the property. This shall not preclude the owner/operator from securing a
grading permit from the Building Division, prior to excavation;
E. Excavation of materials in order to maintain drainage or floodway facilities.
18.62.030 Permit.
Any surface mining of material shall only be allowed after a surface mining permit has
been issued, after proper public hearings, and an ordinance adopted by the City Council. If
a ~request for a surface mining permit dc:s "'-* ""q .... s ~ rs-'-c.".s, .......... ,. .............
51
Revised 2-23-96
be heard by the Hearing Examiner in accordance with the provisions of Chap~ter 18.6, ~.
The Hearing Examiner shall make a recommendation to the City Council. 1~
· . ,~,,~1:..~-~ ,~,,~,,~, f,~-~ ~1~ ~q,,,~ ~ ~% ......... ~ .......... ~ .....
A. Application:
All requests for a su~ace mining permit, including new operations, renewals or
extensions of existing operation, shall be accompanied by an application and shall
contain the following:
1. Phasing plan.
A phasing plan shall be submitted with the application which indicates how the
material can be removed in phases and how the subsequent rehabilitation will occur.
2. Soils repo~.
Each application shall be accompanied by a current, within 180 days, soils repo~,
prepared by a licensed soils engineer. The repo~ shall contain data regarding the
nature, type, distribution and strength of materials and a statement that the site
contains material of a commercial quality and quantity.
3. Storm drainage and erosion control plan.
A conceptual storm drainage and erosion control plan shall be submitted with each
application and shall be approved by the Public Works Depa~ment prior to the
mining permit being approved. A final plan must be approved prior to any materials
being removed.
4. Haul routes.
A haul route plan shall be submitted with each application which shall illustrate
which public streets will be used.
5. Dust Control.
A dust control plan shall be submitted which shows how dust will be controlled
within the mining site and on the public streets.
6. Rehabilitation plan.
A rehabilitation plan shall be submitted with the application and shall address those
elements outlined in Section 18.62.050.
7. Site plan.
Each application shall be accompanied by a site plan and shall illustrate the
following:
a. Vicinity map,
b. Name, address and phone number of prope~y owner,
c, Name, address and phone number of engineer or agent,
d. Sta~ing date of mining,
52
f.
g,
h.
i.
j.
k.
lines,
Completion date of mining,
Hours of operation,
Fence detail,
Location of utility lines,
Revised 2-23-96
Location of structures,
Location of accessory uses such as crushers, sorters, or scales,
Existing contours, drawn at five (5) foot intervals and indicated by light dashed
I. Proposed contours, drawn at five (5) foot intervals and indicated by:solid dark
lines,
m. Cross sections, shall be taken at or near each proPerty line and then spaced at
three hundred (300) foot intervals thereafter. Cross sections shall be taken in both
north/south and east/west directions. Additional cross sections may be required if
necessary to determine the impacts of the proposal,
n. Boundaries and dimensions of the site.
o. Cubic yards of material per phase.
The site plan shall be properly dimensioned and drawn at a scale not less than one (1)
inch equals forty (40) feet and on a sheet size twenty-four (24) inches by thirty-six (36)
inches, more sheets may be allowed if necessary. A reproducible mylar and seven (7)
copies of the site plan shall be submitted at the time of application.
18.62.040 Surface mining standards.
A. Minimum Acreage:
The minimum number acres to be devoted to a mining operation shall be ten (10).
B. Phasing:
All mining operations shall be done in phases with the minimum size of each phase to
be ten (10) acres. The purpose of phasing is to ensure that the mining site is being
rehabilitated in a timely manner prior to additional material being removed from the site.
The scope of the phasing shall be determined at the time of permit issuance
C. Years of operation:
The maximum number of years a surface mining permit shall be issued is five (5). A
lesser number of years may be granted if it is determined to be in the best public
interest. Renewals may be granted, after public hearing thereon, by the Hearing
Examiner, and a new ordinance adopted by the City Council. Renewals shall only be
granted if the owner/operator has acted in good faith and complied with all
requirements of the prior permit, and it is in the best public interest to continue the
mining operation. If the mining permit is not renewed then the site shall be reclaimed
pursuant to the rehabilitation plan.
53
Revised 2-23-96
D., Slopes and drainage terraces: ,
Finished slopes shall not be steeper than two (2) feet horizontal to one (1) foot vertical.
One and one-half (1 1/2) to one (1) slopes may be approved by the Hearing Examiner
or Planning Commission and City Council upon evidence, submitted by a licensed soils
engineer, that substantiates the steeper slopes. Finished slopes exceeding fifty (50)
feet in vertical height shall be terraced at their approximate mid-height. Drainage
terraces are to be fifteen (15) feet in width and designed to eliminate erosion by
carrying surface water to a safe disposal area. Terraces shall be cut every fifty (50)
feet vertically, except that where only one (1) is required, it shall be at mid-height.
E. Hours of operation:
No mechanical equipment shall be operated before the hour of seven a.m. and no later
than the hour of seven p.m., six (6) days per week. No mechanical equipment shall be
operated on Sundays or legal holidays. The hours and/or days of operation may be
reduced by the Hearing Examiner, Planning Commission or City Council if determined
to be in the best public interest.
F. Fills:
No undercutting of finished slopes shall be allowed. In the event that fills are necessary
such fills shall be compactible to a minimum of ninety (90) percent maximum density,
said density shall be certified by a soil testing agency. No organic materials shall be
permitted in fills.
G. Fences, landscaping and berms:
Fences, landscaping and/or berms may be required to mitigate any impacts associated
with the mining site.
H. Noise:
Sound pressure levels, as measured on properties adjacent to property in the mining
site, shall conform to the provisions of Washington Administrative Code, Section 173-
60-040, Maximum Permissible Environmental Noise Levels For Noise Originating in a
Class C-EDNA (Industrial Area).
I. Blasting:
No blasting shall be allowed.
J. Rock crushing:
A portable rock crusher may be permitted if expressly allowed through the surface
mining permit. The location of the crusher may be conditioned in order to mitigate any
noise impacts.
K. Status reports:
The owner/operator shall be required to submit a report to the City providing
information which shows the mining site is in conformance with the mining permit. The
report shall be submitted once every six (6) to twelve (12) months. The length of time
54
Revised 2-23-96
sha~l be determined by the Hearing Examiner or Planning Commission and Ci,t.~,
Council.
L. Dust:
Dust, dirt, fly ash, or other particulate matter shall not be emitted in quantities as to
adversely affect adjacent property. Reasonable precautions shall be taken with
storage, transportation, processing, roadways and other open areas so as to prevent
the particulate matter from becoming airborne. It shall be sufficient cause to revoke a
permit if the operator causes or permits untreated open areas located within a private
lot or roadway to be maintained without taking reasonable precautions to prevent
particulate matter from becoming airborne.
M. Setbacks:
No excavation shall occur within fifty (50) feet of an adjoining property
N. Department of Natural Resources Permit;
Prior to any material being removed the owner/operator shall submit an approved
permit from the State of Washington Department of Natural Resources.
O. Paved apron:
A paved apron or similar device may be required in order to prevent rocks, dirt, and
mud being tracked on to public streets. The width and depth to be determined at the
time of permit issuance.
P. Street cleaning:
All adjacent public streets shall be kept clear of rocks, dirt and mud. Street sweeping
and washing may be required at the time of permit issuance.
Q. Traffic control:
Warning signs ;and/or flagmen may be required as a condition of permit approval.
R. Inspections:
The City shall have the right to make inspections of any property at any reasonable
time as deemed necessary to determine compliance with the permit. The City shall
notify, as deemed necessary, any operator of a.proposed inspection, however, lack of
such notification shall not be cause for denying the right to inspect. The operator shall
have the option of accompanying the inspector.
S. Adjacent wells or aquifers:
Additional setbacks or limitations on the depth of excavation may be required to protect
adjacent wells or aquifers.
T. Performance bond:
A performance bond shall be submitted prior to the adoption of the ordinance, the
purpose of which is to guarantee the mining operation complies with the conditions of
the permit and to guarantee rehabilitation of the site. The value of the bond shall be the
cost to rehabilitate the site. The bond amount may be for each phase of mining. The
55
Revised 2-23-96
bond shall be written to the City of Auburn, only, and shall not be cancele~ witho, ut the
express written approval of the City of Auburn.
§6
Revised 2-23-96
18.62.050 Reclamation plan.
In order to ensure the creation of usable land, subsequent to the completion of mining
activities, a reclamation plan shall be prepared and address the following elements:
A. Subsequent use of land:
In conjunction with the mining permit a subsequent use of the mining ~ite shall also be
approved. The owner/operator shall submit a plan, in sufficient detail, to determine that
the subsequent use of the mining site will be in conformance with the Comprehensive
Plan and this Title. The owner/operator shall submit evidence that the amount of
material to be removed is commensurate with the subsequent land use.
B. Revegetation:
All disturbed areas shall be revegetated with plants and grasses that are native or
suitable to the area. A vegetative cover survival o--Tseventy-five (75%) percent,
uniformly distributed over the area requiring vegetation, for one (1) growing season will
normally be considered acceptable. Revegetation of finished slopes shall be completed
within one hundred-eighty (180) days from the time the materials have been removed.
C. Time schedule:
The reclamation plan shall include a schedule indicating how and when restoration will
occur before, during, and after mining operations. Reclamation shall be planned in
stages compatible with the ongoing mining operation.
18.62.060 Non conforming mining sites.
Mining sites which are operating without a City of Auburn mining permit shall within a
three (3) year period secure a mining permit or phase out the mining operation. The
Building Official shall within one hundred-twenty (120) days from the adoption of this
chapter notify all mining operations of their nonconformance. Notification by the Building
Official shall commence the three (3) year period. The Hearing Examiner may grant an
extension if the owner/operator can demonstrate an extreme hardship in complying with the
three (3) year period. The extension may only be granted for two (2) additional years. The
Hearing Examiner may impose conditions as necessary to ensure the extension will not
result in any adverse environmental impacts. The extension shall be processed as outlined
in Section 18.70.040 and shall be a recommendation to the City Council.
18.62.070 Revocation of permits.
Failure of the owner/operator to comply with any or all of the provisions of this chapter
or any or all of the provisions of the individual surface mining permit may cause the
Building Official to revoke the permit. If the permit is revoked all mining operations shall
cease until such time that the noncompliance is corrected. 57
Chapter 18.64
ADMINISTRATIVE AND CONDITIONAL USE PERMITS
Revised 2-23-96
Sections:
18.64.010 Intent.
18.64.020 Process.
18.64.030 Application.
18.64.040 Findings of fact.
18.64.050 Conditions of approval.
18.64.060 Time limitations.
18.64.070 Revocation of permit.
18.64.010 Intent.
It is the intent of this chapter to provide for a process to allow for uses that are not
permitted outright within a zone. These uses typically require a special degree of control to
make sure the uses are consistent with and compatible to other existing and permitted
uses within the zone and to prevent and abate public nuisances. Only those uses listed as
requiring either an administrative or conditional use permit, within a particular zone, qualify
for this process. The Planning Director may determine that other similar uses, which are
not listed, may qualify for this process. This process is not to replace the variance
procedure or to permit uses that are not allowed within the zone.
18.64.020
A.
Process.
Conditional use permits:
1. If = A request for a conditional use permit docs .-.ct "cq"~-" = ."c-'-cr.c then thc
ccnd!!!cn=! 'ccc pcrm!t shall be heard by the Hearing Examiner in accordance with
the provisions of Chapter 18.66. The Hearing Examiner shall make a
recommendation to the City Council.
58
Revised 2-23-96
Administrative use permits:
An administrative use permit is a process to allow certain uses which require some
review in order to properly site them within the zone. It is intended to, provide an.
administrative process to provide an efficient review of uses to ensure the use is
compatible and consistent with other existing and permitted uses in the zone. This
process shall only be used in those zones which specifically allow administrative uses.
1. The Planning Director shall review and approve all administrative uses. Upon
receipt of a proper application the Director shall within fifteen (15) working days
approve or deny the permit.
2. The Director's decision shall be forwarded to the applicant and all property owners
within two hundred (200) feet of the proposed administrative use. Five (5) public
notices shall also be posted within 200 feet of the proposal.
3. Any affected party may appeal the Planning Director's decision to the Hearing
Examiner. An appeal must be filed within tern(--l-0-)-14 working days of the date of
mailing of the Director's decision. Mailing of the notice shall be by certified mail.
The appeal shall be scheduled for the next regularly scheduled meeting of the
Hearing Examiner, for which proper public notice can be prOvided. The City_ shall
extend the appeal period for an additional seven days for administrative use
permits that are accompanied by a Final Mitigated Determination of Non-
Significance or Final ElS.
4. The appeal shall be processed the same as a conditional use permit with the
Hearing Examiner making a recommendation to the City Council.
18.64.030 Application.
A. In addition to the requirements for a complete application as set forth in ACC
Title 14. Aan application shall be required for approval of an administrative or
conditional use permit which shall include a site plan that illustrates the following:
1. Vicinity map;
2. Name, address, phone number of property owner;
3. Name, address, phone number of engineer or agent;
4. Boundaries and dimensions of property;
59
5. Adjacent public streets;
6. Easements, existing and proposed;
7. Location and size of all existing and proposed
8. Location of building, including setbacks;
9. Location and layout of off-street parking;
10. Location and height of fences;
11. Location and size of signs;
12. landscape detail;
13. Indication of height of buildings.
Revised 2-23-96
utilities;
B. The site plan shall be properly dimensioned and drawn ata scale not less than one (1)
inch equals forty (40) feet. The site plan must be easily reproducible and on a sheet
size no larger than 24 inches by 36 inches, more sheets may be allowed if necessary.
A reproducible and seven (7) copies of the site plan shall be submitted at time of
application.
C. The site plan shall be adopted and made part of the permit. Subsequent building
permits and construction activity shall be in accord with the approved site plan.
Adjustments to the site plan may be approved as follows:
1. Minor adjustments:
Minor adjustments may be made and approved by the Planning Director. Minor
adjustments are those which may affect the precise dimensions or siting of
buildings, but which do not affect the basic character or arrangement of buildings
approved, nor the development coverage of the development or the open space
requirements. Such dimensional adjustments shall not vary more than ten (10)
percent from the original.
2. Major adjustments:
Major adjustments are those when determined by the Planning Director,
substantially change the basic design, coverage, open space or other requirements
of the permit. When the Planning Director determines a change constitutes a major
adjustment, no building or other permit shall be issued without prior review and
approval by the Hearing Examiner and City Council of such adjustment.
18.64.040 Findings of fact.
60
Revised 2-23-96
, Adrpinistrative and conditional use permits may only be approved if findings o~ fact ar'e
drawn to support the following:
A. The use will have no more adverse effect on the health, safety or comfort of persons
living or working in the area, and will be no more injurious, economically or otherwise,
to property or improvements in the surrounding area, than would any ~se generally
permitted in the district.
Among matters to be considered are traffic fiow and control, access to and circulation
within the property, off-street parking and loading, refuse and service area, utilities,
screening and buffering, signs, yards and other open spaces, height, bulk, and location
of structures, location of proposed open space uses, hours and manner of operation,
and noise, lights, dust, odor, fumes and vibration;
B. The proposal is in accordance with the goals, policies and objectives of the
Comprehensive Plan;
C. The proposal complies with all requirements of this Title;
D. The proposal can be constructed and maintained so as to be harmonious and
appropriate in design, character, and appearance with the existing or intended
character of the general vicinity;
E. The proposal will not adversely affect the public infrastructure.
F. The proposal will not cause or create a public nuisance.
18.64.050 Conditions of approval.
In order to mitigate any significant adverse impact or support a finding of fact or prevent
and abate public nuisances associated with the proposal, conditions may be imposed
which could increase requirements in the standards, criteria, or, regulations of this Title or
other City Legislation or adopted policies.
18.64.060 Time limitations.
Unless specified elsewhere, an administrative or conditional use permit shall be
imptemented within two (2) years of the approval. If a building permit or occupancy permit
has not been issued within the two (2) year period then the administrative or conditional
use permit shall be null and void.
61
Revised 2-23-96
18.64.070 Revocation of permit.
The Building Official may revoke or suspend any permit granted under the chapter if
any of the following conditions is found to exist:
A. Fraud in obtaining the permit;
B. Concealment or misrepresentation of any material fact on the application or on any
subsequent applications or reports;
C. The operation is found to be in violation of the approved plans, conditions of approvals,
or the terms of the permit and the owner has failed to correct the violation after proper
notice thereof.
62
Chapter 18.66
HEARING EXAMINER
Revised 2-23-96
Sections:
18.66.010 Title.
18.66.020 General objectives.
18..66.030 Creation of Hearing Examiner.
18.66.040 Appointment and term.
18.66.050
18.66.060
18.66.070
18.66.080
18.66.090
18.66.100
18.66.110
18.66.120
18.66.130
18.66.140
18.66.150
18.66.160
18.66.170
18.66.180
18.66.190
Removal.
Qualifications.
Examiner pro tempore duties.
Hearing Examiner, conflict of interest.
Freedom of the Hearing Examiner.
Duties of the Hearing Examiner.
Applications.
Report by Planning Department.
Public hearing.
Examiner's decision or recommendation, findings required.
Request for reconsideration.
Appeal of final decisions.
Hearing Examiner's recommendation.
Council action.
Review of chapter by Council.
18.66.010 Title.
This chapter shall be hereafter known as the "Hearing Examiner" chapter and may be
cited as such; will be hereinafter referred to as "this chapter".
18.66.020 General objectives.
It is the general objective of this chapter to:
A. Provide a single, efficient, integrated, land use regulatory decision-making process and
public hearing system;
B. Render land use regulatory decisions and recommendations to the City Council;
63
Revised 2-23-96
C. Provide a greater degree of due process in land use regulatory decision making.~nd
public hearings;
D. Separate land use policy formulation from land use policy administration processes.
18.66.030 Creation of the Hearing Examiner.
The office of the Hearing Examiner, hereinafter referred to as Examiner, is hereby
created. The Examiner shall interpret, review, and implement land use regulations as
provided in this title and other ordinances. The term Examiner shall likewise include the
Examiner Pro Tern.
18.66.040 Appointment and term.
The Hearing Examiner shall be appointed by the Mayor and subject to confirmation by
the Auburn City Council. In the event that the appointed Examiner is unable to perform the
duties of office for whatever reason, or in the event of a vacancy in office, the Mayor shall
appoint an Examiner Pro Tern who shall have the authorities herein provided.
18.66.050 Removal.
The Examiner or the Examiner Pro Tem may be removed from office at any time by the
Mayor.
18.66.060 Qualifications.
The Examiner and the Examiner Pro Tem shall be appointed solely with regard to their
qualifications for the duties of the office which shall include, but not be limited to
appropriate educational experience such as in urban planning, land use law, and public
administration. Wherever feasible, the Mayor shall endeavor to appoint qualified
candidates who reside in the Auburn area.
18.66.070 Examiner pro tempore, duties.
The Examiner Pro Tem, in the event of the absence or inability of the Examiner to act,
shall have all the duties and powers of the Examiner.
18.66.080 Hearing Examiner, conflict of interest.
The Examiner shall not conduct or participate in any hearing or decision in which the
'Examiner has a direct or indirect personal interest which might exert such influence upon
64
Revised 2-23-96
the Examiner that might interfere with his decision making process. Any actual orI potent!al
conflict of interest shall be disclosed by the Hearing Examiner to the parties immediately
upon discovery of such conflict. Participants in the land use regulatory process have the
right, insofar as possible, to have the Examiner free from personal interest or pre-hearing
contracts on land use regulatory matters considered by him. It is recognized that there is a
countervailing public right to free access to public officials on any matter.' If such personal
or pre-hearing interest contact impairs the Examiner's ability to act on the matter, the
Hearing Examiner shall state and shall abstain therefrom to the end that the proceeding is
fair and has the appearance of fairness, unless all parties agree in writing to have the
matter heard by said Examiner. If all parties do not agree and the'HearingExaminer must
abstain, the Mayor shall be notified and the Mayor shall appoint a Hearing Examiner Pro
Tern to sit in the Hearing Examiner's stead.
18.66.090 Freedom from improper influence.
No Council member, City official, or any other person shall attempt to interfere with, or
improperly influence the Examiner or Examiner Pro Tempore in the performance of his
designated duties.
18.66.100 Duties of the Examiner.
Applications and decisions. For cases and actions as prescribed by ordinance, the
Examiner shall receive and examine available information, conduct public hearings,
prepare a record thereof, and enter findings of fact, conclusions based upon those facts,
and a decision. As provided by ordinance, such decision may be a recommendation or a
final action subject to appeal as provided by ordinance.
18.66.110 Applications.
A. Applications fcr requiring a determination by the Hearing Examiner shall be filed with
the Planning Department.
1. Within b::c ~ ..... ,.-'-.. ~nfu eioht (28) days of receipt of an application the
Planning Department shall determine whether the application is complete. If
complete, the application shall be accepted. If not complete, the Planning
Department shall request that the applicant provide additional information as
necessary to complete the application. Where' applicable, this process shall
meet the requirements for completion as set forth in ACC Title 14.
65
Revised 2-23-96
The applicant shall be advised of the date of acceptance of the ap~plicatio, n and
of the environmental determination, if one is made. The applicant shall be
advised of the date of any public hearing at least ten (10) calendar days prior to
the hearing. If .pursuant to ACC Title 14, an open record predecision
hearing is required and the threshold determination r~quires .oublic notice
pursuant to Chapter 16.06, of the Auburn City_ Code. then the threshold
determination shall be issued at least fifteen ('15) days prior to the open
recOrd predecision hearing.
66
Revised 2-23-96
18.66.120 Report by Planning Department.
When such application has been set for public hearing, if required, the Planning
Department shall coordinate and assemble the comments and recommendations of other
City departments and other governmental agencies having an interest in the subject
application and shall prepare a report summarizing the issues involved, Planning
Department findings of fact, recommended conditions and/or recommended action. This
report shall be transmitted to the Examiner at least four (4) calendar days prior to the
scheduled hearing. Copies of this report shall be mailed to the applicant prior to the
hearing and shall be made available to the public for the cost of reproduction prior to the
scheduled hearing.
18.66.130 Public hearing.
A. Before rendering a decision or recommendation on any application for which a public
hearing is required, the Examiner shall hold at-least-erin public hearing thereon.
Unless otherwise required by the Auburn City Code all hearings conducted by
the Examiner shall be open record hearings, Notice of the place and time of the
public hearing shall be given as provided in the ordinance governing the application. If
none is specifically set forth, such notice shall be given_. ~'*
,.,.;..... ..... h h==r~....g in accordance with section 18.70.040 of the Auburn City
Code.
B. The Examiner shall have the power to prescribe rules and regulations for the conduct of
hearings under this chapter subject to review by the City Council, and to administer
oaths and preserve order.
C. At the close of the testimony the Examiner may close the public hearing, continue the
hearing to a time and date certain, or close the public hearing pending the submission
of additional information on or before a date certain.
D. Until a final action on the application is taken, the Examiner may dismiss the application
for failure to diligently pursue the application after notice is given to all parties of record.
E, If a project consists of different actions, which require separate hearings to be
held for each action, one consolidated hearing shall be held as required by ACC
Title 14.
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18.66.140 Examiner's decision and recommendations, findings required.
A. Unless the time is extended pursuant to this section, within ten (10) calendar days of
the conclusion of a hearing, or the date set for submission of additional information
pursuant to this chapter, the Examiner shall render a written deci..sion, including findings
from the record and conclusions therefrom, and shall transmit a copy of such decision
by regular mail, postage pre-paid, .to the applicant and other parties of record in the
case who have requested notice of the decision at the public hearing. The person
mailing the decision shall prepare an affidavit of mailing, in standard form, and the
affidavit shall become a part of the record of the proceeding. In the case of applications
requiring City Council approval, the Examiner shall transmit his decision to the City
Council.
B. In extraordinary cases, the time period for filing of the recommendation or the decision
of the Examiner may be extended for not more than th!."t.~,· ~'~n~,_v, ~_n~v,..,._,: ~20}. . calendar
days after the conclusion of the hearing if the Examiner finds that the amount and the
nature of the evidence to be considered, or receipt of additional information which
cannot be made available within the normal decision period, requires the extension.
Notice of the extension, stating the reasons therefor, shall be sent to all parties of
record in the manner set forth in this Section for notification of the Examiner's decision.
C. Conditions. The Examiner's recommendation or decision may be to grant or deny the
application, or the Examiner may require of the applicant such conditions, modifications
and restrictions as the Examiner finds necessary to make the application compatible
with the environment and carry out the goals and objectives of the Comprehensive
Plan, this title, the Land Division Ordinance, other codes and ordinances of the City of
Auburn, and the approved preliminary plat, if applicable. Conditions, modifications and
restrictions which may be imposed shall be founded in the body of legislation approved
by the City Council. Performance bonds may be required to insure compliance with the
conditions, modifications and restrictions.
D. Termination of Decision. The City declares that circumstances surrounding land use
decisions change rapidly over a period of time. In order to assure the compatibility of a
decision with current needs and concerns, any such decision shall be limited in
duration, unless the action or improvements authorized by the decision is implemented
promptly. Any application, except a rezone, approved pursuant to this chapter shall be
implemented within two (2) years of such approval unless other time limits are
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Revised 2-23-96
prescribed elsewhere. Any application which is not so implemented shall terminate at
the conclusion of that period of time and become null and void. The Examiner may
grant one (1) extension of time for a maximum of one (1) year for good cause shown.
The burden of justification shall rest with the applicant. For large-scale or phased
projects the Examiner may at the time of approval or recommendation, set forth time
limits for expiration which exceed those prescribed in this Section for such extended
time limits as are justified by the record of the action.
18.66.150 Request for reconsideration.
The Planning Director or an interested party affected by the final decision or
recommendation of the Examiner who asserts that the Hearing Examiner based that
recommendation or decision on an erroneous procedure, errors of law or fact, error in
judgment, or the discovery of new evidence which could not be reasonably available at the
prior hearing, may make a written request for review by the Examiner within seven (7)
calendar days after mailing the written decision of the Examiner has been rendered. The
request for reconsideration shall set forth the specific errors relied upon by such appellant,
and the Examiner may, after review of the record, take further action as the Examiner
deems proper. The Examiner may request further information which shall be provided
within ten (10) calendar days of the Examiner's request. The Examiner's written decision
on the request for consideration shall be transmitted to all parties of record within ten (10)
calendar days of receipt of the request for reconsideration or receipt of the additional
information requested, whichever is later.
18.66.160 Appeal of final decisions.
The Planning Director or any interested party affected by the Examiner's written final
decision re!=t!.".g *._ ..... _.., '-'--,-g' '--~_._..._..__ ....... __..~..*~"-, may submit a notice of appeal to the
City Clerk upon a form supplied by the City Clerk, within ten (10) calendar days from the
date of mailing of the Examiner's report. The notice of appeal shall be accompanied by a
fee, if any, in accordance with the fee schedule of the City. The Hearing Examiner's
decision shall be scheduled by the City Clerk for a closed record public hearing before
the City_ Council. Notice of the closed record public hearing shall be posted and sent to
all parties of record at least ten (10) calendar days prior to that hearing' date. The hearing
date shall be the earliest feasible City Council meeting following the expiration of the notice
period. Upon its-ew~ conducting a closed record public hearing and upon its review of
Revised 2-23-96
the record of the Hearing Examiner's final decision, the City Council may affirr~, rejec, t,
modify, or remand the Hearing Examiner's decision or take whatever action it deems
appropriate pursuant to law. At the closed record hearing no or limited new evidence
or information is allowed to be submitted and only a.o_~eal argument is allowed
18.66.170 Hearing Examiner's recommendation.
A. For actions requiring the Hearing Examiner's recommendation as provided by
ordinance, the Examiner's recommendation shall be forwarded to the City Council
within ten (10) calendar days of the ''~_,___,_ ....... _.~ *~'-'..,v ..__,...~'-'~-~-- .,~,f the Examiner's
decision. The recommendation shall be placed on the next agenda of the City Council.
The City Council upon its review of the record, may:
1. Affirm the recommendation;
2. Remand the recommendation to the Hearing Examiner;
3. Schedule a closed record public hearing before the City Council.
Any aggrieved person may request the City Council to conduct its own closed record
hearing. Upon its own closed record hearing the City Council may affirm, reject,
modify the Hearing Examiner's recommendation or take whatever action it deems
appropriate pursuant to law.
18.66.180 Council action.
Any application requiring action by the City Council shall be evidenced by minute entry
unless otherwise required by law. When taking any such final action, the Council shall
make and enter findings of fact from the record and conclusions therefrom which support
its action. Unless otherwise specified, the City Council shall be presumed to have adopted
the Hearing Examiner's findings and conclusions.
A. All applications requiring Council action shall be placed on the Council's agenda for
consideration.
B. The action of the Council approving, modifying or rejecting the Hearing Examiner's
decision or recommendation shall be final and conclusive, subject to any writ of review
pursuant to law.
18.66.190 Review of chapter by Council.
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Revised 2-23-96
The, City Council may onan annual basis review the content and effect of this ',chapte!
on the City of Auburn and its citizens. The method of review may include a public hearing
open to all interested citizens. The Council after review and consideration, shall at that
time decide to modify, repeal, or retain all of or part of this chapter.
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Chapter 18.68
AMENDMENTS
Revised 2-23-96
Sections:
18.68.010
18.68.020
18.68.030
18.68.040
18.68.050
18.68.060
Intent.
Initiation of amendments.
Public hearing process.
Public hearing notice requirements.
Amendments to rezone requests.
Contract rezones.
18.68.010 Intent.
The purpose of this chapter is to provide for a process to amend either the text or map of
this title.
18.68.020 Initiation of amendments.
A. Zoning Map.
1. One or more property owners of the parcel may submit an application requesting
a reclassification of the parcel;
2. The city council, or planning and community development committee of the city
council, upon its own motion may request the planning commission or hearing examiner to
conduct a public hearing on the reclassification of a parcel or parcels of property;
3. The planning commission may upon its own motion call for a public hearing on
the reclassification of a parcel or parcels of property.
B. Text.
1. The city council, or planning and community development committee of the city
council, upon its own motion may request the planning commission to conduct a public
hearing to amend any portion or all of this title;
2. The planning commission may upon its own motion call for a public hearing to
amend any portion or all of this title;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of thiS title.
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Revised 2-23-96
18.68.030 Public hearing process.
A. Text Amendments. The planning commission shall conduct at least one public hearing
on all amendments to this title. The planning commission shall make a recommendation to
the city council who may or may not conduct a public hearing.
B. Zoning Map Amendments.
1. Rezones initiated by an applicant other than city: all applications for a rezone
shall be reviewed by the planning director prior to the scheduling of a public hearing. After
review of the application the director shall determine which of the following two processes
should occur to properly hear the rezone:
a. If the rezone is consistent with the comprehensive plan then the hearing
examiner shall conduct a public hearing on the rezone and make a recommendation to the
city council pursuant to ACC 18.66.170;
b. If the rezone is in conflict with the comprehensive plan, or there are no policies
that relate to the rezone, or the policies are not complete, then a comprehensive plan
amendment must atse be presessed e!ther c~.-.c'.'r."=.-.t ':.'!th c." approved by the City_
Council prior to the rezone being scheduled for a public hearing in front of the
Hearina Examiner .4f-the ...... ~ ......... ,4~,~ ~,,,. ,~,,~.,, ,r, ...... p,.~.,..o~....
,.....'-" ...... _......_..._...'~'--"-* ._"- --'*.._..-.=c===a.%'. The planning commission shall conduct a public
hearing on the comprehensive plan amendment and make a recommendation to the city
counci! '.':he =ha!! =!se ce.-.d'_'ct _-. pub!!c
2. Rez-ene~,......_...~"-,'h,,~-,, aArea wide zoning and rezoning, initiated by the city:
a. The planning commission shall conduct a public hearing and make a
recommendation to the city council '"~"- ,k~..,, ..... a'"'* - p"5!!c k,,,,,,,,, If
applicable, a comprehensive plan amendment may also be processed.
C. City Council Decision. The city council may affirm, modify or disaffirm any
recommendation of the planning commission or hearing examiner with regard to
amendments of the text or map of this title.
18.68.040 Public hearing notice requirements.
A. Text Amendments.
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Revised 2-23-96
1. Planning commission: notice of a public hearing shall be given by 15,ublica~!on, in
a newspaper of general circulation in the area, at least 10 days prior to the public hearing
and by posting the notice in three general public locations.
2. City council: notice of a public hearing shall be given by publication, in a
newspaper of general circulation in the area, prior to the public hearing and by posting the
notice in three general public locations.
B. Zoning Map Amendments.
1. Rezones initiated by an applicant other than city:
a. Pta,",,",!.",; .... ;o~;'"- =.-.d hHearing examiner: notice ora public hearing shall
be given by publication, in a newspaper of general circulation in the area, at least 10 days
prior to the public hearing and by posting the notice in five conspicuous places within 300
feet of the proposed rezone.
The notice shall also be mailed to all property owners, as shown by the records of
the county assessor, located within 200 feet of the proposed rezone.
b. City council: notice of a public hearing shall be given by publication, in a
newspaper of general circulation in the area, prior to the public hearing and by posting the
notice in five conspicuous places within 300 feet of the proposed rezone.
2. Rezones, including area wide zoning, initiated by the city:
a. Planning commission: as a minimum, notice of public hearing shall be given by
publication, in a newspaper of general circulation in the area, at least 10 days prior to the
public hearing. Additional mailing or posting of notices may, at the option of the planning
commission, be required.
b. City council: as a minimum, notice of public hearing shall be given by publication,
in a newspaper of general circulation in the area, prior to the public hearing. Additional
mailing or posting of the notices may, at the option of the city council be required.
18.68.050 Amendments to rezone requests.
A requested rezone may be changed, conditioned or modified by the hearing examiner,
,. ......... ~ ............... , or city council when under their appropriate jurisdiction without
requiring additional hearings, to those previously prescribed subject to the following:
A. The modification or change shall not result in a more intense zone than the one
requested;
B. The area of the request shall not be enlarged, however, the area may be lessened.
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Revised 2-23-96
18.68.060 Contract rezones.
In order to mitigate any impacts that may result from a rezone the city may enter into a
contract with the property owner. The contract shall outline the conditions of approval, and
the obligations of the property owner. The contract shall be binding upon the owner and
his heirs, assigns and successors. The contract shall run with the land, be signed by the
property owner(s) and be recorded with the King County records division. Any amendments
to the contract shall be approved by the city council.
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Revised 2-23-96
Chapter 18.70
VARIANCES, SPECIAL EXCEPTIONS, AND ADMINISTRATIVE APPEALS
Section:
18.70.010 Variances.
18.70.020 Special exceptions.
18.70.030 Application.
18.70.040 Hearing date and notice.
18.70.050 Administrative appeals.
18.70.060 Appeal of Hearing Examiner decision.
18.70.010 Variances.
A. Subject to conditions, safeguards and procedures provided by this Title, the Hearing
Examiner may be empowered to hear and decide applications for variances from the
terms of this Title provided the Hearing Examiner may approve a variance only if the
request conforms to all of the following criteria. The Examiner must enter findings of
fact and conclusions of law which support the following criteria and any conditions:
1. That there are unique physical conditions including narrowness or shallowness of
lot size or shape, or exceptional topographical or other physical conditions peculiar
to and inherent in the particular lot; and that, as a result of such unique physical
conditions, practical difficulties or unnecessary hardships arise in complying with
provisions of this Title.
2. That, because of such physical conditions, the development of the lot in strict
conformity with the provisions of this Title will not allow a reasonable and
harmonious use of such lot.
3. That the variance, if granted, will not alter the character of the neighborhood, or be
detrimental to surrounding properties in which the lot is located. For nonconforming
single family homes, this finding is determined to be met if the features of the
proposed variance are consistent with other comparable features within 500 feet of
the proposal.
76
Bo
Revised 2-23-96
4. ,That the special circumstances and conditions associated with the variance, are nO, t
a result of the actions of the applicant or previous owners.
5. Literal interpretation of the provisions of this Title would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district.
6. The approval of the variance will be consistent with the purpose of. this Title and the
zoning district in which the property is located.
7. The variance will not allow an increase in the number of dwelling units permitted by
the zoning district.
8. The authorization of such variance will not adversely affect the Comprehensive
Plan.
9. The variance shall not allow a land use which is not permitted under the zoning
district in which the property is located.
The variance shall not change any regulations or conditions established by surface
mining permits, conditional use permits or contract rezones authorized by the City
Council.
In authorization of a variance, the Hearing Examiner may attach thereto such
conditions regarding the location, character and other features of the proposed
structure or use as he may deem necessary to carry out the spirit and purpose of this
Title and in the public interest.
A variance so authorized shall become void after the expiration of one (1) year, or
longer period if specified at the time of issuance, if no building permit, occupancy permit
or business registration has been issued in accordance with the plans for which such
variance was authorized. The Hearing Examiner may extend the period of variance
authorization for one (1) additional year without public hearing upon a finding that there
has been no basic change in pertinent conditions surrounding the property at the time
of the original application.
10.
18.70.020 Special exceptions.
A. Only the following special exceptions may be granted by the Hearing Examiner after a
public hearing is held pursuant to Section 18.70.040:
1. Platted lots within the same block and same zone, but separated by a public alley,
may be used as a single building site for the purpose of calculating the number of
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Revised 2-23-96
· dwelling units permitted in a structure to be erected on one side of the ,alley, subject
to the following requirements:
a. Each portion of the property shall abut a minimum of one hundred (100) feet
upon the alley.
b. The two (2) portions of the property shall be directly oppo,.site for a distance
representing at least fifty (50%) percent of the width of the portion of the property
not to be occupied by the proposed building.
c. The portion of the property not occupied by the building Shall not be sold,
segregated or used for building purposes so long as the building remains on the
portion of property on the opposite side of the alley.
2. Whenever there is a change from a residential use to a nonresidential use in an
existing building a special exception may be issued to exclude the floor area within
the building, that cannot be effectively utilized by the proposed use, from the off-
street parking requirements.
3. A nonresidential structure or use which becomes a legal nonconforming structure or
use after the effective date of this Title may be permitted, by means of a special
exception, to expand the existing use or structure up to twenty-five (25%) percent of
the use or structure existing at the time of the adoption of this Title. Provided
further, that the addition otherwise meets the standards of this Title and other
requirements of the City.
This section does not allow the expansion of a use or structure which would be
inconsistent with a previously authorized conditional use permit, special property
use permit, contract rezone, or binding agreement between the City and the
property owner. This section also does not allow the expansion of any
nonconforming hazardous material storage.
4. Pursuant to Section 18.54.060(G) a Special Exception may be issued for the
replacement of a nonconforming structure or part thereof which do not comply with
the appropriate development standards.
5. Pursuant to Section 18.54.070(B) a Special Exception may be issued for residential
uses, in commercial or industrial zones, to reoccupy if unoccupied for longer than
180 days.
B. In considering applications for special exceptions, the Hearing Examiner shall consider
the nature and condition of all adjacent uses and structures, and no such special
exception shall be authorized by the Hearing Examiner unless the Hearing Examiner
78
Revised 2-23-96
fin.ds that the authorizing of such special exception will not be materially detrimental t.o
the public welfare or injurious to property in the zone or vicinity in which the property is
located, and that the authorization of such special exception will be consistent with the
spirit and purpose of this Title. In authorizing a special exception, the Hearing
Examiner may impose such requirements and conditions with respect! to location,
,installation, construction, maintenance and operation and extent of open spaces in
addition to those expressly set forth in this Title as may be deemed necessary for the
protection of other properties in the zone or vicinity and the public interest.
18.70.030 Application.
In addition to the requirements for a complete application as set forth in ACC
Title 14, Aa site plan shall be required with each application for a variance or special
exception. The site plan shall be accurately drawn using an appropriate engineering scale
and shall illustrate the following:
A. Adjacent street;
B. Boundaries and dimensions of site;
C. Location of buildings;
D. Location of parking areas;
E. Location of feature needing variance.
18.70.040 Hearing date and notice.
When an application addressed to the Hearing Examiner has been filed in accordance
with the provisions of this chapter, the Planning Department shall set a date for hearing the
same. Notice of such hearing shall be given not less than ten (10) days prior to the date of
the hearing, shall set forth the time, place and purpose of such hearing and the notification
shall be made by:
A. Posting not less than five (5) notices in conspicuous places within three hundred (300)
feet of the property submitting the application;
B. Mailing notices thereof to owners of all lands lying within two hundred (200) feet from
the exterior boundaries of the land involved as the names appear on the latest County
Treasurer's Real Estate Tax Records;
C. Publishing in a newspaper of general circulation of the area.
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Revised 2-23-96
18.70.050 Administrative appeals.
Appeals from any administrative decision made under this Title may be appealed to the
Hearing Examiner pursuant to Chapter 18.66.
A. Any person wishing to appeal an administrative decision shall first render in writing a
request for an administrative decision from the appropriate City official. The City
Official shall issue in writing a decision within five (5) working days of the written
request.
B. If the requester seeks to appeal that decision to the Hearing:Examiner, any such
appeal shall be filed with the Planning Director within '14 days of mailing the City's
written decision. The City_ shall extend the appeal period for an additional seven
days for appeals that are accompanied by a Final Mitigated Determination of
Non-Significance or Final ElS.
C. The Planning Director shall notify any other City Official that may be affected by the
appeal.
D. The appeal shall then be processed in the same manner as any other application for a
Hearing Examiner decision pursuant to Chapter 18.66.
E. The Examiner shall conduct a public hearing pursuant to section 18.70.040 and
consider any facts pertinent to the appeal. The Examiner may affirm the decision,
remand for further proceedings, or reverse the decision if the decision is:
1. In violation of constitutional provisions;
2. In excess of the authority of the official;
3. Made upon an unlawful procedure;
4. Affected by other error of law;
5. Clearly erroneous; or
6. Arbitrary or capricious.
18.70.060 Appeal of Hearing Examiner's decision.
The Hearing Examiner's decisions regarding variances, special exceptions and
administrative appeals may be appealed to the City Council in the manner prescribed
by Chapter 18.66.
80