HomeMy WebLinkAbout5811 ORDINANCE NO. 5 8 1 1
AN ORDINANCE of the City Council of the City of Auburn,
Washington relating to the Auburn City Code, amending
Sections 1.27.030, 14.07.040, 14.18.030, 16.06.090,
16.08.050, 17.06.030, 18.64.020, 18.68.040 and 18.70.040
of the Auburn City Code relating to posting public notification
for projects requiring a public notice
WHEREAS, the City of Auburn strives to encourage public interaction in the
development review process through use of extensive notification measures, and
WHEREAS, several sections of the Auburn City Code (ACC) address the
requirements for public notice to adjacent properties and properties within the vicinity of
the underlying proposal; and
WHEREAS, the ACC provides that the notice shall include the posting of signs
and notices together with direct mailing; and
WHEREAS, pursuant to City of Auburn Ordinance 5341, the requirement was
added that applicants post large public notice signs (large enough to be viewed from the
street) on the subject property to provide for uniformity and readability for all land use
notices; and
WHEREAS, the current requirement to post five notices (8 % X 11) can be
difficult because there may not always be sufficient available acceptable locations for
such postings, and as a result the actual notice to the public could be inadequate; and
WHEREAS, the City Council finds that signs on large public notice mounting
boards provide better public notice of pending land use actions than was previously
provided by the prior posting requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON DO ORDAIN as follows:
SECTION 1. AMENDMENT TO CODE SECTION. Section 1.27.030 of the
Auburn City Code is amended to read as follows:
1.27.030 Definitions.
A. Type I Mounting Board. For projects that are on property that is less than 10,000
square feet in area, one Type I mounting board shall be erected on the subject property.
Ordinance No. 5811
November 25, 2003
Page 1
The size of a Type I mounting board is two feet vertical by four feet horizontal.
B. Type II Mounting Board. For projects that are on property that is 10,000 square feet
to acre in area, one Type II mounting board shall be erected on the subject property.
The size of a Type II mounting board is four feet vertical by four feet horizontal.
C. Type III Mounting Board. For projects that are on property that is greater than one
acre in area and less than ten acres, one Type III mounting board shall be erected on
the subject property. The size of a Type III mounting board is four feet vertical by eight
feet horizontal An ,-,aa;H,-,,~.~l T .... III ..... ,;,~,-, I-,,-,.~,-a oF,~II I., ....., ,,~,-I ,(,..,, ..... ...,....,,1",
b,-,..,-a ....... IA ,~,,-,~. ..... iH,~ ..~aai+i,-,,-,~! ,-,,,All,-, ~,-,+;,..,~ (Ord 5341 § 1 2000)
D. At a minimum, the Planninq Director may require the placement of an additional
mounting board on each of the proiect's street.
SECTION2. AMENDMENT TO CODE SECTION. Section 14.07.040 is
amended to read as follows:
14.07.040 Methods of providing notice.
Unless otherwise required in the city's code, the city shall use at a minimum the
following methods to give notice of application to the public and agencies with
jurisdiction:
A. Mailing notice to owners of real property within 300 feet of the project site.
B. g,,o*;,,-, Requiring the subject property posted in accordance with the applicable
requirements of Auburn City Code 1.27 (for site specific applications).'~-~3~}~--o~
C. Publishinq in a newspaper of general circulation of the area.
CD. Mailing notice of application with information included in this section, to each
person who has requested such notice and paid any applicable fee as established by
the city. (Ord. 4835 § 1, 1996.)
SECTION 3. AMENDMENT TO CODE SECTION.
Auburn City Code is amended to read as follows:
14.18.030 Public hearincl.
Section 14.18.030 of the
Ordinance No. 5811
November 25, 2003
Page 2
A. Upon determination of a complete application for development, other than an
individual single-family home, the director shall tentatively set a date for a public hearing
to be held before the planning and community development committee. 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.
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. The description may be in the
form of either a vicinity location sketch or a written description other than a legal
description.
C. 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 is located;
2. Five "' '~'~;" "'"*; .... h.., o~o,-, ~ .... +...4 within '~nn ¢.~.~, ,.¢ ,h ........ ~ Re uirin
~. ......................... ~, .................. ~,,v~, .... q .q
the subject property posted in accordance with the applicable requirements of
Auburn City Code 1.27= (Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.)
SECTION 4. AMENDMENT TO CODE SECTION. Section 16.06.090 of the
Auburn City Code is amended to read as follows:
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 in accordance with the applicable provisions of
Auburn City Code 1.27(site-specific proposals only); and
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. (Ord. 4840 § 1, 1996.)
SECTION 5. AMENDMENT TO CODE SECTION. Section 16.08.050 of the
Auburn City Code is amended to read as follows:
16.08,050 Application - Notices,
The director shall give notice of the application by *~'"., ,.. ~:"",..,,....,,; .... ,~,, ,...,*~'""~ °',.......
Ordinance No. 5811
November 25, 2003
Page 3
A, p~hliehinn nnfinA tA~;fhin nA~A~on,~nAr nf nAnAr-~l nirn~ ~l,~finn n~ fha ~,ift~
nrnnz~r'l'~J Ann,'~rnzs~ ,"~nJ in Annon;n~ ~Am ~C nm ,1'~1;~, r~"--,',~o ,,,;+h;n "~r~K~ ~,~,~+ +h,~,'~,',,~ n
accordance with the applicable provisions of Auburn City Code 14.07.040.
The notices shall include a statement that any person desiring to present his view
to the directoF with regaFd to the application may do so in writing to the diFector, and any
person interested in the hearing examiner's action on an application for a permit may
submit his views or notify the directoF of his interest within 30 days of the mast date of
publication of the notice. Such notification or submission of views to the directoF shall
entitle said persons to a copy of the action taken on the application. (OFd. 5170 § 1,
1998; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 73, 1985; 1957 code §
11.94.040 (b).)
SECTION 6. AMENDMENT TO CODE SECTION. Section 17.06.030 of the
Auburn City Code is amended to read as follows:
17.06.030 Public hearin.q.
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. 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 unless the applicant consents, in writing, to an extension of the time period
allowed for a decision under RCW 58.17.140.
B. Any notice of public hearing required by this section shall include the hour 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 at a minimum, the planning director shall
cause notice of the hearing to be given in the following manner:
Ordinance No. 5811
November 25, 2003
Page 4
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 te
befor subdivisionded 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 te-befo.._~r
subdivision deal is located;
~o+~ ,,,;+~;~ ~ ;~+ ~; +~ ........ ~i~ will comply with the applicable
provisions of Auburn City Code 14.07.040;
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 of Auburn,
notice shall be mailed to the appropriate city or town authorities;
5. Where the proposed subdivision adjoins the municipal boundaries of the city of
Auburn, 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.
(Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.)
SECTION 6. AMENDMENT TO CODE SECTION. Section 18.64.020 of the
Auburn City Code is amended to read as follows:
18.64.020 Process.
A. Conditional Use Permits. A request for a conditional use permit shall be heard by the
hearing examiner in accordance with the provisions of Chapter 18.66 ACC. The hearing
examiner shall make a recommendation to the city council.
B. 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
Ordinance No. 5811
November 25, 2003
Page 5
the zone. This process shall only be used in those zones which that 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 15 working days approve or
deny the permit.
2. The director's decision shall be forwarded to the applicanL
3. Public notice in accordance with the provisions of Auburn City Code 14.07.-040
shall be provided o.,,~ .., ..... ~,, e'"'ners within
~.,,, ,~., ,..~,, I.,, v[.,~.., ,.$ .. ~..vv , ~.. ,,..,. v,
34_. Any affected party may appeal the planning director's decision to the hearing
examiner. An appeal must be filed within 14 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 nonsignificance or final ElS.
4_5. The appeal shall be processed the same as a conditional use permit with the
hearing examiner making a recommendation to the city council. (Ord. 4875 § 1, 1996;
Ord. 4840 § 1, 1996; Ord. 4304 § 1(45), 1988; Ord. 4229 § 2, 1987.)
SECTION 8. AMENDMENT TO CODE SECTION. Section 18.68.040 of the
Auburn City Code is amended to read as follows:
18.68.040 Public hearing notice requirements.
A. Text Amendments.
1. Planning Commission. Notice of a 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 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. Hearing Examiner. Notice of a public hearing shall be given by~.....,,..,...,..,"' '~";"'~*;'"",, ,,;", a
newspaper.., ''~ ~..,,..,~.,' ..,,....,.~.,...,,"; .... "~*;'-" in ?'e,, .~,..--,°"'~° at least 10 days prior to the public
hearing and in accordance with Auburn City Code 14.07.040...~' ..... ,...~.,,*;"",~ *~"~.,,~
Ordinance No. 5811
November 25, 2003
Page 6
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 accordance with Auburn City Code 14.07.040.B.ic~[N~
Rezones, Including Areawide 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. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
SECTION 9. AMENDMENT TO CODE SECTION. Section 18.70.040 of the
Auburn City Code is amended to read as follows:
18.70.040 Hearin.q 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: ~'~'
A. Be given not less than 10 days prior to the date of the hearing,
B. shall sSet forth the time, place and purpose of such hearing, and the notification
~,nz~ro ~¢ ~11 I~n~ h,in~ ~,;~Nin O~ ~ ~r~m ~N~,, ~,~v~r;~r,~,
with tho roquiromonts of Auburn Git~ Godo 14.07.040.
C. o..h,o~,i~,,- ;., (Ord 4840 § 1, 1996;
........... ~ ,,, 3 newspaper -¢ ...... ' ~; .... '~*;"" "¢ ,h .....
Ord. 4229 § 2, 1987.)
Ordinance No. 5811
November 25, 2003
Page 7
SECTION 10. CONSTITUTIONALITY OR INVALIDITY. If any section,
subsection, clause or phrase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity unconstitutionality shall not affect the validity of or
constitutionality of the remaining portions of the Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence, clause
and phrase hereof would have been prepared, proposed adopted and approved and
ratified irrespective of the fact that nay one or more section, subsection, sentence,
clause or phrase be declared invalid or unconstitutional.
SECTION 11. IMPLEMENTATION. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
SECTION 12. EFFECTIVE DATE. This Ordinance shall take effect and be in
force five (5) days after publication as provided by law.
DEC I 2003
INTRODUCED:
PASSED: DEC 1 2003
APPR DE[: I 201:13
City Clerk
Published:
Ordinance No. 581
November 25, 2003
Page 8
PETE B. LEWIS
MAYOR