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HomeMy WebLinkAbout6185ORDINANCE NO. 6 1 8 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 18.04.260, 18.46.060, 18.62.030, 18.62.040, 18.64.020, 18.64.030, 18.66.160, 18.66.030, 18.68.040, AND 18.70.060, OF THE AUBURN CITY CODE RELATING TO APPEALS WHEREAS, the current provisions of the Auburn City Code provide various instances where appeals of decisions are heard by the Auburn City Council; and WHEREAS, in order to allow the City Council greater flexibility in addressing its legislative roles, and having more uninhibited contact with citizens and constituents, there is an advantage to having appeals heard by the hearing examiner and superior court, rather than the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 18.04.260 of the Auburn City Code be and the same hereby is amended to read as follows: 18.04.260 Conditional use. "Conditional use" means a use permitted in a zoning district only after review and approval by the hearing examiner, i , ea Ftflf. Conditional uses are such that they may be compatible only on certain conditions in specific locations in a zoning district, or if the site is regulated in a certain manner in order to achieve the purposes of this title. (Ord. 4229 § 2, 1987.) Section 2. Amendment to City Code. That section 18.46.060 of the Auburn City Code be and the same hereby is amended to read as follows: Ordinance No. 6185 September 30, 2008 Page 1 of 13 18.46.060 Administrative temporary use permits. A. The planning director may issue a temporary use permit to allow a business to begin operation while the business is securing approval from the hearing examiner, plaRninn 1 OF Gity GO if the planning director finds the use consistent with the following findings of fact: 1. The need is due to circumstances beyond control of the applicant; 2. The need is due to hardship such as loss of continuity of business; 3. The use is reasonably expected to be permitted by the appropriate body; 4. No significant capital outlay is required for the initial operation of business; 5. Application for the permit allowing the permanent use must be filed; 6. The existing structure and lot must otherwise comply to city standards; 7. The permit shall terminate when the e-onim+ssia r+--i -a hearing examiner have has rendered th&--the final decision; 8. The applicant agrees in writing that the temporary use permit does not guarantee a subsequent permanent use; 9. A performance bond must be posted guaranteeing the removal of the use if the use is denied by the hearing examiner. B. The building official may issue a temporary use permit for temporary or seasonal uses including, but not limited to, Christmas tree lots, street sales, or exhibits for up to six weeks in duration, if the use is consistent with the following finding of fact: 1. The use must be consistent with the permitted uses in the zone; 2. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts; 3. If appropriate the building official may require a bond to assure the removal of the use and the area restored to the satisfaction of the building official. C. The building official may issue a temporary use permit for a temporary structure for the purpose of the sale of agricultural products grown on the premises if consistent with the following findings of fact: 1. The temporary structure is less than 300 square feet in floor area and must meet the proper setbacks of the zone; 2. The use will not result in significant traffic, parking or other adverse impacts. D. The planning director may issue a temporary use permit for a temporary gravel parking facility that serves municipal purposes. The temporary use permit may be issued for a period up to 12 months if the planning director finds it is consistent with the following criteria: 1. The use will not result in significant drainage or other adverse impacts; Ordinance No. 6185 September 30, 2008 Page 2 of 13 2. The gravel parking area is not required for the purposes of meeting the minimum off-street parking requirements pursuant to ACC 18.52.020. 3. The temporary use permit may be renewed for subsequent 12- month periods; provided, that the planning director finds that the above criteria can continue to be met. (Ord. 5733 § 3, 2003; Ord. 4229 § 2, 1987.) Section 3. Amendment to City Code. That section 18.62.030 of the Auburn City Code be and the same hereby is amended to read as follows: 18.62.030 Permit. Any surface mining of material shall only be allowed after a surface mining operations permit has been issued, after pfepe-r--a public hearings, and an E)FdinanGe adopted by the Gity . A request for a surface mining operations permit shall be heard by the hearing examiner in accordance with the provisions of Chapter 18.66 ACC. The heaFin- shall make a FeGOMmendatuen to the-Gity seuesi -.The rity''-s-hearing examiner's approval of the permit may require mitigating conditions of approval as well as financial guarantees to ensure compliance with the permit and the provisions of this chapter. The hearing examiner's determination shall be final unless appealed to the superior court in which the subject property is located and which appeal shall be in accordance with the procedures in RCW Chapter 34.05.510 through 34.05.598, and with the appeal being filed with the cif clerk within 30 days after issuance of the decision of the hearing examiner. Determinations on appeals shall be based on whether the decision being appealed was consistent with applicable state law and city codes. A. Application. All requests for a surface mining operations permit shall be accompanied by an application and shall contain the following: 1. Geotechnical Report. Each application shall be accompanied by a current, within 180 days, report, prepared by a licensed engineer. The report shall contain data regarding the nature, type, distribution and strength of materials, slope stability and erosion potential, and a statement that the site contains material of a commercial quality and quantity. 2. 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 department prior to the mining permit being approved. A final storm drainage and erosion control plan must be approved prior to any materials being removed. The plan must also address the continued maintenance and operation of the storm drainage and erosion control system, and, if determined necessary by the city, a performance bond or similar financial guarantee shall also be provided to guarantee the maintenance and operation of the system. Ordinance No. 6185 September 30, 2008 Page 3 of 13 3. Haul Routes. A haul route plan, including a traffic study indicating traffic volumes along the haul route(s), shall be submitted with each application which shall illustrate which public streets will be used. The haul route plan may also require that hauling be restricted during peak traffic times. Traffic impact mitigation, including pavement impacts, street maintenance and repair, will also be addressed as part of the haul route plan. 4. 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. 5. 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 property owner and/or mining operator including an emergency contact person; C. Name, address and phone number of engineer or agent; d. Starting date of mining; e. Estimated completion date of mining; f. Hours of operation; g. Fence detail, if any; h. Location of utility lines affected by mining; i. Location of structures; j. Location of accessory uses such as crushers, sorters, or scales; k. Existing contours, drawn at five-foot intervals and indicated by light dashed lines; 1. Proposed contours, drawn at five-foot intervals and indicated by solid dark lines; M. Cross sections shall be taken at or near each property line and then spaced at 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 to be mined; p. Any on-site existing water supply wells, monitoring wells, or other types of wells, on record with the Department of Ecology or observable in the field. Driller logs of these wells shall be included, if available; q. The location of existing or proposed hazardous substance use within the boundary of the proposed mining operation; r. The location of existing or proposed groundwater withdrawal within the boundary of the proposed mining operation; S. The location of existing or proposed artificial groundwater recharge within the boundary of the proposed mining operation; t. The general location of the initial mining activity and how it is anticipated to progress throughout the mining site; Ordinance No. 6185 September 30, 2008 Page 4 of 13 U. A site entrance plan showing traffic control signage and devices, channelization, and layout of the driveway access to the public streets; V. Parcel numbers and legal description of the entire mining site. The site plan shall be properly dimensioned, include a north arrow, and drawn at a scale not less than one inch equals 40 feet and on a sheet size 24 inches by 36 inches, more sheets may be allowed if necessary. A reproducible mylar and 10 copies of the site plan shall be submitted at the time of application. The scale of the drawing and sheet size may be modified by the planning director for larger projects. (Ord. 5060 § 1, 1998.) Section 4. Amendment to City Code. That section 18.62.040 of the Auburn City Code be and the same hereby is amended to read as follows: 18.62.040 Surface mining standards. A. Standard Hours and/or equipment shall be operated before the Days of Operation. No mechanical hour of 6:00 a.m. and no later than the hour of 7:00 p.m., six days per weeK. No mechanical equipment shall be operated on Sundays or legal holidays. These restrictions are not intended to preclude the service and maintenance of the machinery and equipment necessary for the mining operation. The standard hours and/or days of operation may be reduced by the hearing examiner OF ' if determined to be in the best public interest, so long as the reduction does not conflict with or violate a city code, ordinance or adopted requirement or regulation. The standard hours and/or days of operation may be modified for specific public works projects involving mixing of asphalt or concrete that is either: 1. Required by a public agency to be performed outside the standard hours and/or days of operation; or 2. Where performance of such work outside standard hours and/or days of operation will be in the best public interest because such performance of the work will facilitate expeditious and timely completion of the public works project. A written request from the public agency whose project requires the work to be performed outside the standard hours and/or days of operation shall be made to the Auburn public works director. The request shall be in writing and be provided to the Auburn public works director not later than 10 days prior to the commencement of the project. The request shall include the name and location of the project, the proposed modifications to the standard hours and/or days of operation, and the estimated duration (subject to the weather) of the project, and a statement why the modification is in the best public interest and will facilitate the completion of the project. Ordinance No. 6185 September 30, 2008 Page 5 of 13 If the request is determined by the public works director to be in the best public interest, will facilitate the completion of the pubic works project and will be consistent with any applicable city requirement the public works director shall, within five days of its receipt, approve the request. B. Finished Slopes. The site plan shall illustrate which finished slopes are final and which ones are interim. Final finished slopes are those that will not be modified subsequent to the completion of mining. Interim slopes are those which will be modified subsequent to the completion of mining. Final finished slopes are not allowed to be altered unless for public safety and health reasons, once the mining has been completed and that portion of the mine rehabilitated. Interim finished slopes may be altered, pursuant to applicable city regulations, to accommodate the subsequent development of the site once the mining has been completed. In the event that fills are necessary such fills shall be compactible to a minimum of 90 percent maximum density, said density shall be certified by a soil testing agency. No organic materials shall be permitted in fills. C. Fences, Landscaping and Berms. Fences, landscaping and/or berms may be required to mitigate any impacts associated with the mining site. D. Noise. Sound pressure levels, as measured on properties adjacent to property in the mining site, shall conform to the provisions of WAC 173-60- 040, Maximum Permissible Environmental Noise Levels for Noise Originating in a Class C-EDNA (Industrial Area). E. Blasting. Blasting shall be allowed pursuant to the permit requirements of the fire marshal's office. F. Rock Crushing. A 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. G. 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. H. Setbacks. No excavation shall occur within 50 feet of an adjoining property unless a lesser setback is necessary in order to attain proper reclamation. The setbacks shall be determined at the time of permit issuance. When the mining is complete and the site reclaimed, the 50-foot setback may be modified at that time to provide for the subsequent development. This shall be reviewed pursuant to applicable city regulations. 1. Department of Natural Resources Permit. Prior to a surface mining operations permit being applied for the owner/operator shall submit evidence Ordinance No. 6185 September 30, 2008 Page 6 of 13 from the State of Washington Department of Natural Resources that the state considers the proposal as a surface mine and will require a permit and reclamation plan. J. Paved Apron. A paved apron or similar device, wash pits or similar provisions, may be required in order to prevent rocks, dirt, and mud being tracked onto public streets, the width and depth to be determined at the time of permit issuance. K. Street Cleaning. All adjacent public streets shall be kept clear of rocks, dirt and mud. Street sweeping and washing may be required as a condition of permit issuance. L. Traffic Control. Warning signs and/or flaggers may be required as a condition of permit approval. M. 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 and/or obtain surface and well water samples. 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. N. Adjacent Wells or Aquifers. The mining operation shall not result in the degradation of groundwater quality in shallow, intermediate or deep aquifer zones, located beneath and beyond the boundary of the active area of the mining site, which serve as the source of potable supply for the city or private citizens, or possess water of sufficient quality and quantity to be developed for future potable and/or municipal supply purposes. In the event that actual or potential groundwater quality degradation caused by mining operations is indicated on the basis of inspections, on-site. release of hazardous materials, violations of water-quality provisions of other ordinances, or off-site groundwater quality degradation documented in on-site or off-site wells, the city shall have the right to require the operator of the mine to immediately cease that portion the mining operations (subject operations) which in the city's opinion caused the degradation and submit to the city a groundwater remediation plan prepared by a licensed engineer. At a minimum the plan shall: 1. Identify the means and/or methodologies that shall be employed to immediately halt and/or remediate the water quality degradation; 2. Identify the conditions under which mining may continue to occur without further degrading groundwater quality and related conditions; and 3. Provide a schedule of monitoring reports to the city every 30 days from the date of inception of the plan for a 12-month period. The city may also require the posting of a performance bond or similar financial security to ensure the implementation of said plan. The subject operations shall be suspended pending city review of the plan and determination of adequacy, both of which shall occur within 15 days of submittal. If the city does not approve the plan, require modifications, or if the Ordinance No. 6185 September 30, 2008 Page 7 of 13 mining operator fails to submit a plan, the subject operations shall remain suspended until the mining operator makes the revisions directed by the city and/or until the mining operator submits an acceptable groundwater remediation and monitoring plan. If the revised groundwater remediation and monitoring plan submitted by the mining operator is approved by the city, the subject operations shall be permitted to resume upon the date the city approves the plan. Such approval shall not occur later than 15 days after the revised plan has been submitted. If subsequent to the city's approval of the mining operator's groundwater remediation and monitoring plan the city determines that the mining operator has failed to comply with all of the provisions of the plan, or that a plan has failed to immediately halt and/or remediate the groundwater degradation caused by the mining operation, the city may direct the mining operator to suspend subject operations, pending demonstration of compliance with the plan and/or approval by the city of a revised plan. Revised plans submitted to the city shall be reviewed for decision within 15 days of submittal. Once approved the city shall immediately notify the mining operator that subject operations may resume if in compliance with the approved plan. Additional setbacks or limitations on the depth of excavation may be required to protect adjacent wells or aquifers. 0. Performance Bond. If a performance bond is required to guarantee the performance of these standards or any conditions attached to the permit it shall be submitted prior to the adoption of the ordinance. The value of the bond shall be determined as part of approval of the surface mining operations permit. The bond shall be written to the city of Auburn only, and shall not be canceled without the express written approval of the city of Auburn. P. Importing of Materials. The importing of materials, e.g., sand or topsoil, may be permitted if needed as part of the mining activity. These imported materials could be used for preparing the mining site for reclamation or blending with the on-site materials to provide for a better fill or construction product that is then exported. The import of materials that are only to be stockpiled, and are not related to the mining activity, will not be permitted. (Ord. 5060 § 1, 1998.) Section 5. Amendment to City Code. That section 18.64.020 of the Auburn City Code be and the same hereby 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 the final decision-a Ordinance No. 6185 September 30, 2008 Page 8 of 13 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 the zone. This process shall only be used in those zones 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 applicant. 3. Public notice in accordance with the provisions of ACC 14.07.040 shall be provided. 4. 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 EIS. 5. The appeal shall be processed consistent with the provisions of Section 14.20.120 of the city codethe same as a Gonditional use peFrnit with the heaFiRg (Ord. 5811 § 6, 2003; Ord. 4875 § 1, 1996; Ord. 4840 § 1, 1996; Ord. 4304 § 1(45), 1988; Ord. 4229 § 2, 1987.) Section 6. Amendment to City Code. That section 18.64.030 of the Auburn City Code be and the same hereby is amended to read as follows: 18.64.030 Application. A. In addition to the requirements for a complete application as set forth in ACC Title 14, an 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; 5. Adjacent public streets; 6. Easements, existing and proposed; 7. Location and size of all existing and proposed utilities; 8. Location of building, including setbacks; Ordinance No. 6185 September 30, 2008 Page 9 of 13 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. B. The site plan shall be properly dimensioned and drawn at a scale not less than one inch equals 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 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 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 GeUnGil of such adjustment. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) Section 7. Amendment to City Code. That section 18.66.160 of the Auburn City Code be and the same hereby is amended to read as follows: 18.66.160 Appeal of final decisions. The planning director or any interested party affected by the examiner's written final decision may appeal the decision to superior court of the county in which the project is locationed. submit a Retire of appeal te the rity Glerk, upon a form k- the Gity Glerk, within 10 Galendar days ftem the date of rnailiRg -z riz-4 anly" in aGGOrdanre with the fee 6Ghedule of the Gity. The he neF's and sent to all parties of FeGE)Fd at least 10 GaleRdar days prior to that h date. The hearing da ' te shall be the earliest feasible Gity GOURGNI meeting foll hearing and UpeR its review of the reGE)Fd of the heari F'S fiRal deGl6iOR, Ordinance No. 6185 September 30, 2008 Page 10 of 13 Glosed FeGGFd hearing no eF limited new evidenGe orinfermation is allowed to be submitted and only appeal argument is allowed. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) Section 8. Amendment to City Code. That section 18.66.030 of the Auburn City Code be and the same hereby is amended to read as follows: 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 issues and matters as assigned, delegated and/or referred to the examiner. The term examiner shall likewise include the examiner pro tem. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) Section 9. Amendment to City Code. That section 18.68.040 of the Auburn City Code be and the same hereby is amended to read as follows: 18.68.040 Public hearing notice requirements. A. Text Amendments. 1. Planning Commission. For text amendments that require a public hearing under ACC 18.68.030(A), 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 at least 10 days prior to the public hearing and in accordance with ACC 14.07.040. b. City GounGil. I- ef a- publiG hearing shall be given --b-, publ Gafia -i 2. 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. Ordinance No. 6185 September 30, 2008 Page 11 of 13 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 6198 § 5, Ord. 5811 § 8, 2003; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) Section 10. Amendment to City Code. That section 18.70.060 of the Auburn City Code be and the same hereby is amended to read as follows: 18.70.060 Appeal of hearing examiner's decision. The hearing examiner's decisions regaFding vana Ges, sppeGial eXGept«"'S and ad appeale, may be appealed to the-e+tYce r c+tsuperiar court in the manner prescribed by Chapter 18.66 ACC. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) 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. Severability. 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 13. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. Ordinance No. 6185 September 30, 2008 Page 12 of 13 INTRODUCED: OCT -6 2008 PASSED: OCT -6 2008 APPROVED: OCT -6 2008 -CYF--AO IN- PETER B. LEWIS MAYOR ATTEST: Da Ile E. Daskam, City Clerk Ordinance No. 6185 September 30, 2008 Page 13 of 13 Published:`- 9 z. {r .