HomeMy WebLinkAbout6418 ORDINANCE NO. 6 41 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 17 09 035, 17 09.050, 17 09 070,
17 09 110, 17 10 020, 17 10 050 AND 17 10 110 OF
THE AUBURN CITY CODE RELATING TO LAND
ADJUSTMENTS AND DIVISIONS
WHEREAS, from time to time, amendments to the provisions of the
Aubum City Code relating to subdivisions are appropriate in order to update and
better reflect the current development needs and standards of the City; and
WHEREAS, the City adopted significant changes to its subdivision
regulations in 2009 and there are housekeeping amendments needed to clarify
those regulations; and
WHEREAS, the state legislature recently passed changes to RCW
58.17 140 related to the filing of final plats and it is appropriate that the City
modify its reguiations accordingly; and
WHEREAS, following proper public notice, the Planning Commission
considered the proposed code amendments at a public hearing on July 3, 2012;
and
WHEREAS, after fully considering the testimony and information
presented at the public hearing, on July 3, 2012, the Pianning Commission made
its recommendations on the code amendments to the City of Auburn City
Council; and
WHEREAS, the Planning and Community Development Committee
reviewed the Planning Commission's recommendation at their July 9, 2012
meeting and forwarded their recommendation to the City Council; and
Ordinance No. 6418
July 11 2012
Page 1 of 15
WHEREAS, the environmental review on the proposed changes has been
completed in accordance with the requirements of the State Environmental Policy
Act (SEPA) with a final Determination of Non-significance (DNS) issued June 13,
2012; and
WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code
arnendments were sent to the Washington State Department of Commerce,
Growth Management Services, and other state agencies as required with
expedited review requested and acknowledgment received on June 14, 2012;
and
WHEREAS, no comments regarding the proposed zoning code
amendments have been received from the Department of Commerce or other
state agencies; and
WHEREAS, the Auburn City Council finds that the proposed amendments
provide clarification to the subdivisiom title and comply with recent changes to
state law
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows.
Section 1. Amendment to Citv Code. That section 17 09.035 of
the Auburn City Code be and the same hereby is amended to read as follows:
17 09 035 Sunrey requirements.
A. A licensed professional land surveyor licensed in the state of
Washington shall complete all lot staking oursuant to RCW 58.09.040(1)�raeF-ta
B All lot comers, including interior lot comers, shall be marked with a
permanent marker that bears the land surveyor's registration number When the
boundary lines follow a meandering line, the "corners" shall be set as directed by
Ordinance No. 64�8 �
July 11 2012
Page 2 of 15
the city of Auburn.
C When the legal description of the shbrt subdivision utilizes pa�tial or
complete section subdivisional breakdown to establish the boundaries, section
subdivision survey information shall be shown in accordance with the
requirements of WAC 332-130-030.
D All reference monuments used in the establishment of the short
subdivision corners shall be identified, described and noted as set or found.
When appropriate, the survey shall reference previous surveys that served as the
basis for the survey
E. When the short subdivision is adjacent to a constructed public right-
of-way and the plat corners or it§ offset represent a quarter corner, section corner
or donation land claim that is not of record or has been lost (or obliterated), a
standard monument shall be placed.
F Whenever a short subdivision is adjacent to existing right-of-way,
the centerline of the right-of-way shall be located on the plat drawing. If the
constructed improvements fall outside of the documented right-of-way, the
surveyor shall identify the existing edge of the pavement and limits of the
maintained right-of-way section on the drawing and show its relationship to said
centerline.
G All requirements of Chapter 58 09 RCW and Chapter 332-130 WAC
governing minimum standards for land boundary surveys shall be met and a note
shall be placed that reads.
THIS SURVEY COMPLIES WITH ALL THE STANDARDS AND
GUIDELINES OF THE "SURVEY RECORDING ACT" CHAPTER
58 09 RCW AND WAC 332-130
H. The side lot lines of each lot, which if extended would intersect with
the curb, shall be marked on the curb (Ord. 6239 § 1, 2009; Ord. 6006 § 3,
2006 Formerly 17 14 035)
Section 2. That section 17 09 �50 of the Auburn City Code be and the
same hereby is amended to read as follows.
17 09 050 Development 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 ACC Title 18. 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 county department of health rules
and regulations. 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.
� B Every lot within a short subdivision shall be capable of being
reasonably served by public or private sewage disposal, water, storm drainage
� facilities and streets. The city will not approve a short subdivision for which a
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Ordmance No. 6418
July 11, 2012
Page 3 of 15
building permit cannot be issued because of insufficient infrastructure.
C Conformance with Adopted Plans. Street, water, sewer and storm
drainage facilities adjacent to or within the short subdivision shall be in
conformance with adopted city ordinances, standards and policies. Easements
for utilities recommended by such plans shall be provided to the city, with the
exact location of such easements to be determined by the city engineer
D Floods, Flood Control and Storm Drainage.
1 Where any portion of the proposed short subdivision lies within an
area of special flood hazard or regulatory floodway, conformance with adopted
city flood hazard area ordinances, standards and policies shall be required.
2. A conceptual storm drainage/site grading plan shall be required to
be submitted, as part of the short subdivision application, unless waived by the
city engineer
3. The proposed subdivision should have one or more new lots in the
regulatory floodplain set aside for open space use through deed restriction,
easement, subdivision covenant, or donation to a public agency The density of
the development in the portion of the development outside the regulatory
floodplain may be increased in accordance with applicable land use and
subdivision regulations.
4 If a parcel has a buildable site outside the regulatory floodplain, it
shall not be subdivided to create a new lot, tract, or parcel within a binding site
plan that does not have a buildable site outside the regulatory floodplain. This
provision does not apply to lots set aside from development and preserved as
open space.
E. Adjacent Streets. When any public street lying adjacent to the
property being short subdivided has insufficient width or for any other reason
� does not confocm to minimum street s tandards, in accordance with the city
design and construction standards, 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 consistent
with Chapter 12.64A ACC Deferral of such improvement requirements shall be
in conformance with the city of Auburn design and construction standards.
F 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 city of Auburn and be in conformance
with the city of Auburn design and construction standards.
2. All private streets, access easements and panhandles shall be
capable of ineeting the fire access requirements of Chapter 15.36A ACC and the
development standards of Chapters 17 14 and 18 31 ACC, in addition to any
other requirements of this title, including, but not limited to, an adequate surface
for access and minimum turnaround requirements on dead-end streets or access
Ordinance No. 6418 �
July 11, 2012
Page 4 of 15
easements as specified by the fire department.
3 All proposals shall ensure that all buildable lots shall have at least
one access road connected to land outside the regulatory floodplain with the
surFace of the road at or above the FPE.
G Dedication of Streets. Dedication of a public street or streets may
be required, whenever the city engineer finds that one or more of the following
conditions applies:
1 The general alignment of a proposed private street, access
easement or panhandle follows the general alignment of a future arterial as
shown in the comprehensive plan; or
2. 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
3 A public street would be necessary to provide adequate access to
adjacent property not subject to the proposed short subdivision.
H. Non-motorized Repuirements. In addition to anv frontaqe
improvement repuirements and compliance with the Citv's Comprehensive
Transportation Plan, sidewalks and other planninq features that assure safe
walkinq conditions for students who walk to and from school shali be considered.
#I. Fire Hydrants. All lots within a short subdivision shall be capable of
being served by a fire hydrant as required by Chapter 13.16 ACC Property
zoned RC, residential conservancy, may be exempt, provided the requirements
of ACC 13 16 030 are met.
IJ The final recorded subdivision plat shall include a notice that part of
the property is in the SFHA, riparian habitat zone and/or channel migration area,
as appropriate. (Ord 6295 § 6, 2010; Ord. 6239 § 1, 2009; Ord. 6186 § 12, 2008;
Ord. 6006 § 3, 2006 Formerly 17 14 055).
Section 3. Amendment to Citv Code. That section 17 09 070 of the
Aubum City Code be and the same hereby is amended to read as follows:
17 09 070 Final short subdivision approval.
A. Timeframe for Final Short Subdivision Approval. A final short
subdivision meeting all requirements of this title and the cbnditions and
requirements of the written decision granting preliminary short subdivision
approval shall be submitted to the Auburn planning and development department
within the
timeframes specified in ACC 17.09.110, unless otherwise extended by the
director or designee.
B. Procedures. Final short subdivision applications shall be processed
as a Type II land use action.
C Application. An application for final short subdivision, approval
meeting all requirements of Chapter 58 17 RCW and this title shall be submitted
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Ordinance No 6418
July 11 2012
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to the department of planning and development accompanied by the following:
1 Application materials consistent with the requirements of ACC
17 02.065
2. A copy of the approved preliminary short subdivision.
3. A final short subdivision drawing meeting the requirememts of
Chapter 58 17 RCW, including certifications, dedications, and title reports;
4 Agency recommendations pursuant to RCW 58.17 150;
5. A recordable survey and surveyor's signature meeting the
requirements of Chapter 58.09 RCW and RCW 58.17.250 The map and legal
descriptions included in the application for final short subdivision shall be
prepared and certified by a professional land surveyor licensed in the state of
Washington in a format acceptable to the city of Auburn and the Survey
Recording Act.
6 A title insurance report, not older than 30 days prior to the date of
application, confirming that the title of the land in the proposed subdivision is
vested in the name of the owners whose signatures appear on the final short
subdivision's certificate.
7 Computation data for all lots, streets and easements located within
the plat.
8. Failure of an applicant to submit all required application materials
shall be considered a lack of compiiance with this section, and the director or
designee may withhold the application from further consideration until such time
as the application is complete.
9 Declaration blocks shall be provided for the original tract owner,
surveyor, approving governmental agencies, and recording certification, in a
manner as prescribed by the director
10 Proof of the date of last legal segregation of the parcel of land to be
short subdivided, if deemed necessary by the planning director
11 Copy of restrictions, if any, to be imposed upon the use of the land.
Such restrictions must be recorded simuftaneously with the short subdivision.
12. 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:
a. 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,
b 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, which notice shall be caused to be included in any deeds or
contracts relating to such sale and such covenants or documents shall be
recorded simultaneously with the short subdivision.
D Preparation. The final short subdivision shall be prepared by a
professional land surveyor licensed by the state of Washington. The preparer
shall, by placing his or her signature and stamp upon the face of the final short
subdivision, certify that the final short subdivision is a true and correct
Ordinance No. 6418
July 11, 2012
Page 6 of 15
representation of the land actually surveyed by the preparer, that the existimg
monuments shown thereon exist as located and that all dimensional and
geodetic details are correct.
E. Scale and Format. The final plat shall be drawn with reproducible
ink on Mylar measuring 18 inches by 24 inches in size, with a one-inch border on
one edge and a one-half-inch border for the other three edges for projects in King
County and measuring 18 inches by 24 inches with a two-inch border on the left
edge and a one-half-inch border for the other three edges for projects in Pierce
County The final short subdivision shall be accurate, legible and drawn to an
engineering (decimal) scale of 100 feet or fewer to the inch. If more than one
sheet is required, an index sheet showing the entire subdivision with street and
highway names and block numbers (if any) shall be provided. Each sheet,
including the index sheet, shall be of the above-specified size. All signatures or
certifications appearing on a final short subdivision shall be in reproducible black
ink.
F Final Short Subdivision Contents. A final short subdivision drawing
shall contain the following information:
1 The name of the short subdivision, if applicable;
2. Legal description of the property being subdivided;
3 Numeric scale, graphic scale, basis of bearings and date of
preparation of the final short subdivision;
4 The boundary line of the short subdivision, referenced to city datum
in accordance with city design and construction standards and based on an
accurate traverse, with angular and linear dimensions and bearings;
5 The exact location, width and assigned name of all streets, alleys
and other public ways within and adjacent to the short subdivision;
6. A table depicting the assigned address for each lot within the short
subdivision;
7 The exact location, width and purpose of all easements and
dedications for rights-of-way provided for public and private services and utilities;
8. True courses and distances to the nearest established street lines,
or section or quarter section corner monuments which shall accurately locate the
short subdivision,
9 Municipal, township, county or section lines accurately tied to the
lines of the plat by distances and courses,
10 Ail lot and biock numbers and lines, with accurate dimensions in
feet and hundredths of feet;
11 The radii, internal angles, points of curvature, tangent bearings and
lengths of all ares;
12. The accurate location of each permanent control monument. One
such monument shall be located at each and every controlling corner on the
boundaries of the parcel of land being subdivided; at each street centerline
intersection, each point of curvature (PC), each point of tangency (PT), and each
point of reverse curve (PRC); and at each intersection of a street centerline with
a plat boundary;
Ordinance No 6418 ^
July 11, 2012
Page 7 of 15
13. All plat meander lines or reference lines along bodies of water shall
be established above, but not farther than 20 feet from, the high water line of
such body;
14 Accurate outlines and legal descriptions of any areas to be
dedicated or reserved for public use, with the purposes of such dedication or
reservation and any limitations indicated thereon and in the dedication;
15 Accurate outlines of any areas to be reserved by deed covenant for
common use of owners of property within the subdivision, together with the
purposes of such reservation;
16 Any restrictions or conditions on the lots or tracts within the short
subdivision, as required by the director, or at the discretion of the property owner;
17 A signed certification stating that the short subdivision has been
made with the free consent, and in accordance with the desires, of the owner or
owners. If the short subdivision includes a dedication, the certificate or a
separate written instrument shall contain the dedication of all streets and other
areas to the public, any individual or individuals, religious society or societies, or
to any corporation, public or private, as shown on the plat, and a waiver of all
claims for damages against any governmental authority which may be
occasioned to the adjacent land by the established construction, drainage or
maintenance of said street or other areas sb dedicated. Such certificate or
instrument shall be signed and acknowledged before a notary public by all
parties having any interest in the lands subdivided. An offer of dedication may
include a waiver of right of direct access to any street from any property Such
waiver may be required by the city engineer as a condition of approval. Roads �
not dedicated to the public must be clearly marked on the face of the plat. Any
dedication, donation or grant as shown on the face of the plat shall be considered
as a quit claim deed to the said donee or grantee for use for the purpose
intended by the donation or grant. At the discretion of the city engineer,
conveyances of right-of-way may be required to be by statutory warranty deed.
The acceptance of right-of-way by the city shall not obligate the city to improve or
develop the lands in the right-of-way;
18. Forms for the appropriate certifications of the city engineer and
planning director, as follows:
CITY ENGINEER'S CERTIFICATE
I hereby certify that this short plat is in compliance with the certificate
of improvements issued pursuant to ACC 17 14 015„ and is
consistent with all applicable City improvement standards and
requirements in force on the date of preliminary short plat approval,
this day of , 20_
Auburn City Engineer
PLANNING DIRECTOR'S CERTIFICATE
I hereby certify on this day of , 20_, that
Ordinance No. 6418
July 11, 2012
Page 8 of 15
this final plat is in substantial conformance with the preliminary plat
and any conditions attached thereto, which preliminary short plat was
approved on the day of , 20_,
� 19�9. A form for the approval of the appiicable county (King/Pierce)
assessor, as follows or as required by the applicable county, if different:
ASSESSOR'S APPROVAL
Examined and approved this day of ,
20
County Assessor
Deputy County Assessor
Account number
� 2�0 A form for the certificate of the applicable county recorder �
(King/Pierce), as follows or as required by the applicable county, if different:
RECORDING CERTIFICATE
Filed for record at the request of the City of Auburn this day
of , 20_ at minutes past .M., and
recorded in Volume of Plats, page Records of (King
or Fierce) County, Washington.
County Recording Number
Manager
Superintendent of Records
� 2�1 Any additional pertinent information as required at the discretion of
the city engineer or planning director
G. Decision-Making Criteria for Final Short Subdivision Approval. The
following criteria shall be used by the director or designee in consideration of final
short subdivision approval:
1 Whether conditions imposed when the preliminary short subdivision
was approved have been met;
2. The completion of the required improvements or their financial
guarantee in conformance with Chapter 17 14 ACC;
3 Whether the final short subdivision is.in conformance with the city's
zoning regulations and all other applicable land use regulations;
4 The director or designee shall not approve a final short subdivision
until he or she determines that it conforms to the approved preliminary short
subdivision and any conditions and restrictions imposed at time of preliminary
Ordinance No. 6418
July 11 2012
Page 9 of 15
approval. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009.)
Section 4. Amendment to Citv Code. That section 17 09 110 of
the Auburn City Code be and the same hereby is amended to read as follows:
17 09 110 Time limitations.
A. Preliminary approvals for short subdivisions shall be valid for a
period of fwe-seven years following the date of the notice of final decision if the
date of the preliminarv short plat aqorovai is on or before December 31, 2014,
and within five vears of the date of oreliminarv short plat aparoval if the
areliminarv short plat aoaroval is on or after Januarv 1, 2015.�SVided-t�qa�#ef
, � ,
B. If the oreliminarv short plat approval is on or before December 31,
2007 then the final short olat shall be submitted to the Citv for aaqroval within
nine vears of the date of preliminarv short olat approval and not subiect to
repuirements adopted under RCW 90.58.
C. Extensions. The director or designee may administratively
authorize through a Type I land use action extensions to preliminary short
subdivision approvals. For purposes of this section, the authority to issue
extensions shall apply to preliminary short subdivision approvals previously
issued by the city Extensions shall be issued in one-year increments up to a
maximum of three years, subject to the following criteria and conditions:
1 An applicant for an extension shall make a written request for the
extension a minimum of 30 calendar days prior to expiration of the preliminary
short subdivision approval.
2. The director or designee shall in consideration of granting an
extension find:
a. There have not been any substantial changes in the laws governing
the development of the short subdivision, with which lack of compliance would be
contrary to the public health, safety and welfare; or
b. The applicant has pursued final platting in good faith. Good faith
shall be evidenced by progress on final surveying, engineering, construction or
bonding of improvements; or
c. There have been substantial changes in economic conditions and
market forces that have substantively limited the ability of the applicant to pursue
final platting.
3. A condition of any extension approval shall be that the subject short
subdivision shall comply with state or federal mandates required of the city
and/or life, health and safety requirements of the city in effect at the time of any
extension approval.
� DS At the same time the director or designee is considering the
extension, he or she may add conditions or requirements upon factual
determination that the addition of conditions or requirements will benefit the
Ordinance No. 6418�
July 11 2012 '
Page 10 of 15
public health, safety and welfare.
� BE. A short subdivision granted preliminary approval, but not filed for
final plat approval within the applicable time period or extended time period, shall
be void. (Ord. 6317 § 1, 2010; Ord. 6239 § 1, 2009 ).
Section 5. Amendment to City Code. That section 17 10 020 of
the Auburn City Code be and the same hereby is amended to read as follows:
17 10 020 Application, submittal and contents.
A. Application. �n addition to the requirements for a completed
application as provided in ACC Title 14, an application for subdivision approval
shall include:
1 Application requirements found in ACC 17 02.065,
2. A preliminary plat meeting the requirements of RCW 58.17 160 for
a preliminary subdivision;
3 A neighborhood circulation plan meeting the requirements of
� Chapter 17 16 ACC and RCW 58.17.110(2) for safe walkinq paths for students;
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 county department of health rules and regulations,
5 A conceptual utility/site grading plan and/or methodology prepared
in accordance with the city's comprehensive plans, standards or ordinance
requirements. The conceptual utility/site grading plan shall include adequate
horizontal and vertical information to ensure that utilities can be constructed
consistent with the preliminary plat layout;
6. The location of other utilities other than those provided by the city;
7 The application shall include a transportation site plan for streets,
pedestrian, and bike facilities. The site plan shall include adequate horizontal and
vertical information to ensure the transportation facilities can be constructed
consistent with the preliminary plat layout;
8 A title report, with liability for errors not to exceed the assessed
value of the lots on the date of application. The title report shall be issued no
more than 30 days prior to the application date,
9 Copy of restrictions, if any, to be imposed upon the use of the land
Such restrictions must be recorded simuitaneously with the subdivision.
B Preparation. The preliminary plat or short 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 or short 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
reproducible black ink on Mylar All geographic information portrayed by the
Ordinance No. 6418
July 11 2012
Page 11 of 15
preliminary plat shall be accurate, legible, and drawn to an engineering (decimal)
scale.
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 or short 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 or short
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 Development Dept.
Date
f. Legal description of preliminary plat.
2. Existing Geographic Features. Existing geographic features, as
detailed in city application requirements, shall be drawn lightly in relation to
proposed geographic features.
3. Proposed Geographic Features. Proposed geographic features, as
detailed in city application requirements, shall be shown.
4 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 inforrrmation 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;
f. For preliminary plats that are related to a planned unit development
(PUD), the following information shall also be provided:
Ordinance No. 6418
July 11, 2012
Page 12 of 15
i. The ordinance and contract of the PUD rezone if previously done;
ii. The location of perimeter walls and fences on the boundary of the
PUD and an indication of the height and mate�ials;
iii. The location and size of any entrance signs;
iv A landscaping plan;
v Any covenants not previously approved. (Ord. 6287 § 2, 2010; Ord.
6239 § 1, 2009; Ord. 5170 § 1, 1998; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996,
Ord 4296 § 2, 1988. Formerly 17 O6 020)
Section 6. Amendment to Citv Code. That section 17 10 050 of
the Auburn City Code be and the same hereby is amended to read as follows:
17 10 050 Hearing examiner review of preliminary plats.
A. Pursuant to the provisions of Chapter 18.66 ACC, the hearing
� examiner shall within a-814 calendar days of the closure of the public hearing
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 10 070
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 recorrimendation 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 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 �014 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 -a-814 calendar days of receipt of the request for
reconsideration or receipt of the additional information requested, whichever is
later (Ord. 6239 § 1, 2009; Ord. 6186 § 4, 2008; Ord. 5140 § 1, 1998; Ord. 4840
§ 1, 1996; Ord. 4296 § 2, 1988. Formerly 17 06.050 )
Section 7. Amendment to Citv Code. That Section 17 10 110 of
the Auburn City Code be and the same hereby is amended to read as follows.
17 10 110 Time limitations.
A. Preliminary approvals for subdivisions shall be valid for a period of #+ve
seven years following the date of the notice of final decision if the date of the �reliminarv
plat aooroval is on or before December 31. 2014, and within five vears of the date of
Ordinance No. 6418 ��
July 11, 2012
Page 13 of 15
preliminarv plat aoproval if the oreliminarv qlat approval is on or after Januarv 1.. 2015.
B If the preliminarv s� olat approval is on or before December 31,
2007 then the final plat shall be submitted to the Citv for approval within nine
vears of the date of preliminarv plat approval and not subiect to requirements
adopted under RCW 90.58.; ,
, � , ,
C. Extensions. The director or designee may administratively
authorize through a Type I land use action extensions to preliminary plat
approvals. For purposes of this section, the authority to issue extensions shall
apply to preliminary plat approvals previously issued by the city Extensions shall
be issued in one-year increments up to a maximum of three years, subject to the
following criteria and conditions:
1 An applicant for an extension shall make a written request for the
extension a minimum of 30 calendar days prior to expiration of the preliminary
plat approval.
2. The director or designee shall in consideration of granting an
extension find:
a. There have not been any substantial changes in the laws governing
the development of the plat, with which lack of compliance would be contrary to
the public health, safety and welfare; or
b The applicant has pursued final.platting diligently, as evidenced.by
progress on final surveying, engineering, construction or the financial security of
improvements; or
c. There have been substantial changes in economic conditions and
market forces that have substantively limited the ability of the applicant to pursue
final platting
3 A condition of any extension approval shall be that the subdivision
shall comply with state or federal mandates required of the city and/or life, health
and safety requirements of the city in effect at the time of any extension approval.
� SD At the same time the director or designee is considering the
extension, he or she may add conditions or requirements upon factual
determination that the addition of conditions or requirements will benefit the
public health, safety and welfare.
� �E. 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. (Ord. 6317 § 3, 2010; Ord. 6239 § 1, 2009; Ord 6186 § 6, 2008; Ord.
5140 § 1, 1998, Ord. 4840 § 1, 1996, Ord 4296 § 2, 1988 Formerly 17 O6 110 )
Section 8. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation, including having the City Clerk and Code Reviser
Ordinance No. 6418
July 11 2012
Page 14 of 15
add a new "Section 17 10 060 - Reserved" to Chapter 17 10 of the City Code, to
accommodate a skip in the section numbering.
Section 9. 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 thereof 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 10. Effective date. This Ordinance shail take effect and be
in force five days from and after its passage, approval and publication as
provided by law
INTRODUCED� �UL 16 ZOJ2
PASSED• JUL 1�6 2012
AP ov : JUL 16 2012
F AU
PETER B LEWIS
MAYOR
ATTEST
� �}.�l,r,�-K/'t�
Danielle E. Daskam, City Clerk
APP VED AS TO FO M:
niel B. ' , City Atto y �
Published: y �e/L,�:..�'`�
�co��,%/."..�aJ
Ordinance No. 6418��
July 11 2012
Page 15 of 15
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