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ORDINANCE NO. 6 3 0 8
AIV ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHJNGTON, AMENDING SECTION
19.04.070 OF THE AUBURN CITY CODE, RELATING TO
TRANSPORTATION IMPACT FEE EXEMPTIONS
WHEREAS, the City of Auburn is authorized by Chapter 82.02 of the Revised .
Code of Washington (RCV1) to require new growth and development within the City to
pay a proportionate share of the cost of new facilities to serve such new growth and
development through the assessment of impact fees; and
WHEREAS, on April 2, 2001, the City Council of the City of Auburn, WasFiington,
approved its Ordinance No. 5506 entitled, "The City of Auburn Transportation Impact
Fee Ordinance"; and
WHEREAS, Ordinance No. 5506 established a transportation impact fee system
for the City; and
WHEREAS, on May 21, 2001, the City Council adopted its Ordinance No. 5549
approving a new Downtown Plan that includes policies and implementation strafegies
intended to foster, enhance and promote the livability and economic vitality of the
Aubum Downtown Business District; and
WHEREAS, Aubum Downtown Plan Policy 6-2 `Traffic Impact Fees' states that if
the City adopts a traffic impact fee system, consideration should be given to waiving the
fee within the downtown with the intent that the waiver sunset after a five year period
unless the Council elects to extend it; and
Ordinance No. 6308
May 11, 2010
Page 1 of 4
WHEREAS, City of Auburn Resolution No. 4103 was passed by the City Council
on October 2, 2006, implemented a new fee structure for the traffic impact fee system
for the City; and
WHEREAS, on December 18, 2006, the City Council approved its Ordinance No.
6068, extending the sunset date for the exemption for the Downtown Plan Area an
additional six month period to June 30, 2007; and
- WHEREAS, on May 7, 2007, the City Council approved its Ordinance No. 6089,
establishing Subsection (A)(9) of Section 19.04.070 of the Aubum City Code (ACC),
creating a"Downtown Catalyst Area" as defined in Section 19.04.020 (FF) ACC with the
provision that this exemption would sunset on June 30, 2008, unless otherwise
extended by the City Council; and
WHEREAS,.on May 19, 2008, the City Council approved its Ordinance No. 6178,
extending the sunset date for the "Downtown Catalyst Area" for an additional two year
period, to June 30, 2010; and
WHEREAS, RCW 82.02.060 (2) states that local.ordinances by which impact
fees are imposed may provid'e an exemption for development activities with broad
public purposes provided that the impact fees from such development activity are paid
from public funds other than impact fee accounts; and
WHEREAS, the City Council finds that there is value in continuing the traffic
impact fee waiver for a portion of the Auburn Downtown Plan area; and
WHEREAS, the Cify Council finds that promoting economic development in the
`Downtown Catalyst Area' is beneficial to the City and serves a broad public purpose.
Ordinance No. 6308
May 11, 2010
Page 2 of 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That Section 19.04.070 of the
Aubum City Code, entitled `Exemptions,' regarding City of Aubum Transportation
Impact Fees, is hereby amended to read as follows: 19.04.070 Exemptions.
A. The following shall be exempted from the payment of transportation
. impact fees:
1. Replacement of a structure with a new structure of the. same PM peak
hour trip generation and use at the same site or lot when such replacement occurs
within 12 months of:the demolition or destruction of the prior structure.
2. Alterations, expansion, enlargement, remodeling, rehabilitation or _
conversion of an existing dwelling unit where no additional dwelling units are created .
- and the use is not changed. '
3. Alterations of an existing nonresidential structure that does not expand the
useable space.
4. Miscellaneous improvements, including but not limited to fences, walls,
swimming pools, and signs.
5. A change in use where the increase in PM peak hour trip generation is
less than the threshold stated in ACC 19.04.040(B).
6. Demolition, or moving of a structure out of the city.
7. Any building permit application that has been submitted to the department.
before 5:00 p.m. the business day before the first effective date of the transportation
impact fee rate schedule and subsequently determined to be a complete application by
the city.
8. All development activity within the "downtown plan area" as defined in
ACC 19.04.020(I); provided, that this exemption shall sunset on June 30, 2007, unless
otherwise extended by the city council. •
9. All development activity within the "downtown catalyst area" as defined in
ACC 19:04.020(FF); provided, that this exemption shall sunset on June 30, ,~8482012,
untess otherwise extended by the city council. -
10. fifty percent of all development activity within the "downtown catalyst
accessory area" as defined in ACC 19.04.020(GG), to the effect that the exemption
, provided hereby shall be for 50 percent of the applicable transportation impact fees;
provided, that this exemption shall sunset on December 31, 2008, unless otherwise
extended by the city council.
11. All development activity within the "emergency public interest area" as .
defined in ACC 19.04A20(HH); provided, that this exemption shall sunset on December
31, 2008, unless otherwise extended by the city counciL B. The director shall be authorized to determine whether a particular
development activity falls within an exemption identified in this section. Determinations
Ordinance No. 6308
May 11, 2010
Page 3 of 4
of the director shall be subject to the appeals procedures set forth in ACC 19.04.080.
(Ord. 6199 § 2, 2008; Ord. 6197 § 2, 2008; Ord. 6178 § 1, 2008; Ord. 6089 § 2, 2007; Ord. 6068 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.)
Section 2. Imalementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions ofi this
legislation.
. Section 3. Severabilitv. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
#hereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 4. Effective Date This Ordinance shall take effect antl be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED: MAY I 7, 2010
PASSED: MAY k 7, 2090
APPROVED: UAY 1-7 9f11f1
CITY UBURN ATTEST: ,
PETER B. LEWIS
MAYOR
Danielle E. Daskam, City Clerk
AP R E A TO FO
D Ci Attorn
Published: MAY t0 ?I110
Ordinance No. 6308
May 11, 2010
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