HomeMy WebLinkAbout6532 ORDINANCE NO. 6 5 3 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
2.03.100, 2.07.080, 2.12.010, 3.04.270, 3.04.280, 3.10.028,
5.20.050, 5.20.070, 8.24.040, 10.41.010, 10.64.020,
10.64.090, 10.64.120, 12.04.010, 12.04.050, 12.32.020,
12.60.040, 12.60.050, 12.60.070, 14.18.030, 14.18.050,
14.18.060, 14.22.040, 14.22.080, 14.22.090, 16.08.020,
17.02.090, 18.08.090, 18.29.070, 18.68.020, 18.76.080,
20.04.030, 20.06.030, AND 20.08.030 OF THE CITY CODE,
AMENDING CHAPTER 2.06 OF THE CITY CODE AND
REPEALING SECTION 12.20.050 OF THE CITY CODE
RELATING TO THE CHANGE OF FORMAT OF THE CITY
COUNCIL FROM COUNCIL COMMITTEES TO STUDY
SESSIONS
WHEREAS, the current provisions of the Auburn City Code and the operational
practices of the Auburn City Council include use of Council Committees in advance of
the full City Council's consideration of matters coming before it; and
WHEREAS, the City Council has been considering how it could best operate and
feels that it would be advantageous for the City Council to utilize study sessions where
all Councilmembers will be able to participate in the consideration of different City
related items, rather than having some matters going to Council Committees in advance
of consideration by the full City Council; and
WHEREAS, in order to accommodate a change of the format from committee
structure to study sessions, it is appropriate that sections of the City Code that provide
for committee structure be amended to accommodate study sessions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 2.03.100 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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Ordinance No. 6532
October 14, 2014
Pagel
2.03.100 Meeting coordination duties.
The mayor or the mayor's designee shall be responsible for the preparation of
agendas for the meetings of the council and of the various boards, commissions and
committees of the city, and for including in those agendas the items and issues
forwarded by the city council and/or or by the ad hoc
committees designated to act on behalf of the city council, and for including in those
agendas the items and issues proposed by the mayor and city administration, for
consideration by the council. The mayor or the mayor's designee shall also be
responsible for publishing notices for meetings and for public hearings for the meetings
of the council and the various boards, commissions and committees of the city, and for
setting the dates and times for said public hearings, except in those instances when
setting dates and times for public hearings is required by statute to be done through
council resolution. (Ord. 6405 § 1, 2012; Ord. 5761 § 1, 2003.)
Section 2. Amendment to City Code. That Section 2.07.080 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
2.07.080 Subcommittee structure.
A. The junior city council may informally divide its members into
subcommittees to consider different topics of interest, or into subcommittees that it
deems helpful to its tasks. Te the-exteRt that it it apmp;iate-and helpful, the
works,
Gernmunity Campus.
B. The subcommittees will meet on an as-needed basis.
C. The subcommittees shall consist of at least three members of the junior
city council, but shall consist of less than a quorum of the junior city council (less than
five members).
D. Any discussions or recommendations of any subcommittees shall be
communicated to and shared with the full junior city council.
E. The subcommittees shall not constitute legislative or agency bodies so as
to trigger the requirement that the subcommittees comply with the Washington State
Open Public Meetings Act (Chapter 42.30 RCW). (Ord. 6441 § 1, 2013.)
Section 3. Amendment to City Code. That Section 2.12.010 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
2.12.010 Duties.
The city attorney shall advise authorities and officers on all legal matters
pertaining to the business of the city and shall approve all ordinances as to form.
He/she shall represent the city in all actions brought by or against the city, or against
city officials in their official capacity. He/she shall perform such other duties as the city
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Ordinance No. 6532
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Page 2
council by ordinance may direct. Included in the foregoing and in addition thereto, the
city attorney shall:
A. Attend all meetings of the city council, including regular, special and
interim meetings, as well as all regular meetings of the planning commission and board
of adjustment of the city;
B. Attend meetings, upon request, of all other official boards and
commissions of the city, as well as all siding egad hoc committees or subcommittees
of the city council;
C. Maintain an office in space furnished by the city in the city hall building
during regular business hours Monday through Friday, except during those periods of
time when the presence of either himself/herself or his/her assistant is required out of
the office in the performance of official legal business for the city;
D. Answer inquiries from citizens for information concerning city matters;
E. Consult interested officials and officers concerning, and prepare all
resolutions, ordinances, petitions, contracts, leases, easements, deeds, notices and
other legal documents, and suggest legislation, where the responsibility for preparation
is upon the city, or requested by city officials; examine and approve or suggest changes
in all such instruments when the duty of preparation rests upon others than the city;
F. Advise the council, boards, commissions, department heads and other city
officials and officers, rendering formal legal opinions when requested, or when it
appears to the attorney necessary or advisable;
G. Prosecute in the court of criminal jurisdiction, and on appeal in appellate
courts, all alleged violations of city ordinances, and actions to recover licenses,
penalties and forfeitures. Advise the proper officials and officers on the filing of
complaints therefor;
H. Prosecute and/or defend, in courts of original jurisdiction, and on appeal,
all civil actions brought by or against the city, or against officials, officers and employees
in their official capacity, including condemnation proceedings. Participate in
consultations concerning settlement of claims against the city, or its officials, officers
and employees in their official capacities; provided, that where insurance counsel also
defends the city, the main burden of such actions may be left to such counsel. See to
the ultimate enforcement of all judgments and decrees rendered in favor of the city in
any action or suit;
I. Participate in the expedition of bond issues, providing this shall not require
an opinion of the validity of the bonds in any case where special bond counsel is
retained by the city or any prospective bond buyer;
J. On request, participate in and consult concerning intergovernmental
relations in which the city is concerned;
K. Perform such other duties as may be required by the laws of the state.
Provided, however, the duties of the city attorney as prescribed in this section
shall not prohibit the employment of special counsel to assist the city attorney in
unusual cases of a specialized nature, when such employment is authorized by the city
council. (1957 code § 1.05.010.)
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Section 4. Amendment to City Code. That Section 3.04.270 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
3.04.270 Landscaping and community beautification and gift cumulative reserve
fund — Use.
The Auburn landscaping and community beautification and gift cumulative
reserve fund shall be used for the purpose of receiving gifts and donations of moneys to
the fund and the cumulative reserve funds shall be used for the purpose of city
landscaping and community beautification projects and for such special purposes as
any donors of any such money or gifts to such fund might specify, as approved by the
e mayor. (1957 code § 1.36.200.)
Section 5. Amendment to City Code. That Section 3.04.280 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
3.04.280 Landscaping and community beautification and gift cumulative reserve
fund — Designation of use of gifts.
Any person or party making a gift or donation to the fund referred to in ACC
3.04.270 may, in doing so, designate that the materials purchased with the gifts or
donations shall be inscribed in a suitable manner with a dedication or memorial to a
person, place or thing, as directed by the donor; provided, however, that the city
reserves the right to reject any such gift or donation at the option of the city for whatever
reason the city deems proper. The
GG Fnitteemayor shall recommend to the city council the acceptance or rejection of the
gifts or donations. (1957 code § 1.36.210.)
Section 6. Amendment to City Code. That Section 3.10.028 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
3.10.028 Approval of asset and/or system expansions,
additions, and betterments.
Asset and/or system expansions, additions, and betterments that have been
recognized as authorized capital projects exceeding $25,000.00 in the budget shall be
reviewed by the appropriate GGunGiI GOMMittee mayor or his/her designee to formally
initiate the project prior to a call for bids. (Ord. 6147 § 1, 2008; Ord. 5490 § 1, 2000.)
Section 7. Amendment to City Code. That Section 5.20.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
5.20.050 License application —Approval or disapproval procedure.
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The business license clerk shall collect all license fees and shall issue licenses in
the name of the city to all persons qualified under the provisions of this chapter and
shall:
A. Adopt all forms and prescribe the information required to implement this
chapter;
B. Submit all applications, to department heads as listed below for their
endorsements as to compliance by applicant with all city regulations which they have
the duty of enforcing:
1. Ambulance services license: fire and police departments;
2. Amusement device license: police (four or under) and building, planning
and police (five or more);
3. Auto races license: building, fire, planning and police departments;
4. Cabaret licenses: fire and police departments;
5. Carnivals, circuses, shows, etc., licenses: building, fire, police and
planning departments;
6. Dance licenses: fire and police departments;
7. Fire extinguisher service licenses: fire department;
8. Massage business, health salon, etc., licenses: building, fire, planning,
police departments and health officer;
9. Merchant patrol and private detective licenses: police department;
10. Motor vehicle wreckers licenses: building, fire, planning and police
departments;
11. Outdoor musical entertainment licenses: building, fire, planning and police
departments;
12. Pawnbrokers/secondhand dealers licenses: police department;
13. Solicitor license: police department;
14. Tow truck business license: fire, planning and police departments.
C. Notify any applicant of the acceptance or rejection of his/her application
and shall, upon denial of any license state in writing the reasons therefor, the process
for appeal and deliver them to the applicant.
D. Deny any application for license upon written findings that the granting
would be detrimental to the public peace, health or welfare:
1. Whenever any such license is denied the applicant may within 15 days
from date of action, file written notice of appeal to the appFGpriate Gommittee of the city's
director of community development and public works. Action of the aepFiafe
GOMMittee-o the city's director of community development and public works may be
appealed 15 days from date of action to the fUll Gity GGunGiI hearing examiner, and
action of the seunGil hearing examiner shall be conclusive and not subject to review.
2. When the issuance is denied and any action instituted by the applicant to
compel its issuance, such applicant shall not engage in the business for which the
license was refused unless a license is issued pursuant to a judgment ordering the
same. (Ord. 5897 § 9, 2005; Ord. 4012 § 2, 1984.)
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Ordinance No. 6532
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Section 8. Amendment to City Code. That Section 5.20.070 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
5.20.070 License — Revocation.
A. Any license issued under the provisions of this chapter may be revoked by
the c-+ty GleFk and/or police chief and/or building official andser fire Chief for any reason if
the further operation thereof would be detrimental to public peace, health or welfare, or
the violation of any federal or state law or any ordinance or regulation of the city. The
city clerk or the director of community development and public works shall cause to be
served upon such parties as may be deemed to be interested therein such reasonable
notice as may be determined to be proper of intention to revoke such license.
B. Where deemed necessary to prevent further detriment to public peace,
health or welfare, or violation of any federal or state law or any city ordinance or
regulation the police chief4„tiGh4ef or building official may immediately revoke any
license issued under the provisions of this chapter.
C. Whenever any such license is revoked, the licensee may within 15 days
from date of action file written notice of appeal to the appFepFiate nnmmittee Of the city's
director of community development and public works. Action of the
G^^�'v.-, Mirrrittee-director of community development and public works may be appealed within
15 days from date of action to the fUll Gity GGURGiI hearing examiner and action of the
seuns+1 hearing examiner shall be conclusive and not subject to review. (Ord. 4012 § 2,
1984.)
Section 9. Amendment to City Code. That Section 8.24.040 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
8.24.040 Public display of fireworks.
A. Every public display of fireworks shall be handled by a competent operator
approved by the #+ olp ice chief or his/her designee and shall be of such character, and
so located, discharged, or fired, that, in the opinion of the Ore— olp ice chief or his
designee, after proper investigation, it will not constitute a hazard to property or
endanger any person. Should the fif-c- op lice chief or his/her designee deny a permit for
public display of fireworks, the applicant therefor shall have the right to appeal that
denial to the Auburn city council GOmmittee, which shall consider such
application, recommendation and denial, and in its discretion shall either uphold the
denial or grant the permit applied for.
B. A state pyrotechnics license is required for operators of a public display of
fireworks.
C. A bond or certificate of insurance must be furnished to the fire chief before
a permit is issued. The bond shall be in the amount of $1,000,000.00 and shall be
conditioned upon the applicant's payment of all damages to persons and property
resulting from or caused by such public display of fireworks, or by any negligence on the
part of the applicant or its agents, servants, employees or subcontractors in the
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Ordinance No. 6532
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presentation of the display. The certificate of insurance shall evidence a comprehensive
general liability, including automobile coverage, insurance policy providing limits of
$1,000,000.00 combined single limit, per occurrence and annual aggregate, no
deductible, and naming the city of Auburn as an additional insured.
D. Transportation and Storage.
1. All fireworks shall be transported within the city in accordance with 49
CFR Part 177 and 397.9(b) prior to reaching the display site.
2. As soon as the fireworks have been delivered to the display site, they shall
be attended and shall remain dry.
3. All shells shall be inspected upon delivery to the display site by the display
operator. Any shells having tears, leaks, broken fuses, or showing signs of having been
wet shall be set aside and shall not be fired. After the display, any such shells shall be
either returned to the supplier or destroyed according to the supplier's instructions.
4. All fireworks at the firing site must be stored in ready boxes (substantially
constructed wood magazines). During the display, the magazines must be 25 feet
upwind (relation to firing line) from the nearest mortar. Magazine lids must open in the
opposite direction to the firing. All ready boxes are to be protected by a flame-proof
water-repellent canvas cover until emptied.
5. The shell storage area shall be located at a minimum distance of not less
than 25 feet from the discharge site.
6. During the display, shells shall be stored upwind from the discharge site. If
the wind shifts during the display, the shell storage area shall be relocated to be upwind
from the discharge site.
E. Preparation of Site and Crowd Control.
1. All dry grass, weeds and other combustible waste matter within 50 feet of
the firing site shall be removed.
2. The site shall be located so that the trajectory of shells shall not come
within 25 feet of any overhead object.
3. Discharged fireworks shall not come within 100 feet of any tent or canvas
shelter.
4. The firing and storage site shall be located not less than 200 feet from any
building.
5. The operator shall provide sufficient personnel to assure that no
unauthorized persons are allowed within 200 feet of the firing and storage site. This
requirement shall be in effect from one-half hour prior to the arrival of fireworks until all
fireworks debris, equipment and fireworks have been removed from the site.
6. Spectators shall be restrained behind lines or barriers at least 200 feet
from the firing and storage locations.
F. Installation of Mortars.
1. Mortars shall be inspected for dents, bent ends, and cracked or broken
plugs prior to ground placement. Mortars found to be defective in any way shall not be
used. Any scale on the inside surface of the mortars shall be removed.
Ordinance No. 6532
October 14, 2014
Page 7
2. Mortars shall be positioned so that the shells are carried away from
spectators and buildings. When fired over water, mortars shall be installed at an angle
of not less than 10 degrees, pointing toward the water.
3. Mortars shall be either buried securely into the ground to a depth of
between two-thirds and three-fourths of their length or fastened securely in mortar
boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the
mortars to prevent their sinking or being driven into the ground during firing.
4. In damp ground, a weather-resistant bag shall be placed under the bottom
of the mortar prior to placement in the ground to protect the mortar against moisture.
5. Weather-resistant bags shall be placed over the open end of the mortar in
damp weather to keep moisture from accumulating on the inside surface of the mortar.
6. Sand bags, dirt boxes, or other suitable protection shall be placed around
the mortars to protect the operator from ground bursts. This requirement shall not apply
to the down-range side of the discharge site.
G. Operation of the Display.
1. The operator shall provide fire protection at the site as required by the fire
chief or his/her designee.
2. Only permitted fireworks are authorized for use.
3. If, in the opinion of the fire chief or his/her authorized representative, lack
of crowd control should pose a danger, the display shall be immediately discontinued
until such time as the situation is corrected.
4. If at any time high winds or unusually wet weather prevail such that, in the
opinion of the fire chief, his/her authorized representative or the display operator, a
definite danger exists, the public display shall be postponed until weather conditions
improve to permit safe discharge of fireworks.
5. Light snow or mist need not cause cancellation of the display; however, all
materials used in the display shall be protected from the weather until immediately prior
to use.
6. Display operators and assistants shall use only flashlights or approved
electric lighting for artificial illumination.
7. No smoking or open flames shall be allowed within 50 feet of the firing or
storage area as long as shells are present. Signs to this effect shall be conspicuously
posted.
8. The first shell fired shall be carefully observed to determine that its
trajectory will carry it into the intended firing range and that the shell functions over, and
any debris falls into, the planned landing area.
9. The mortars shall be re-angled or reset if necessary at any time during the
display.
10. When a shell fails to ignite in the mortar, the mortar shall not be touched
for a minimum of five minutes. After five minutes it shall be carefully flooded with water.
Immediately following the display, the mortar shall be emptied into a bucket of water.
The supplier shall be contacted as soon as possible for proper disposal instructions.
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Ordinance No. 6532
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11. Operators shall not attempt to repair a damaged shell nor shall they
attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as
soon as possible for proper disposal instructions.
12. Operators shall not dry a wet shell, lance, or pot for reuse.
13. The entire firing range shall be inspected immediately following the display
to locate any defective shells. Any such shells found shall be immediately doused with
water before handling. The shells shall be placed in a bucket of water. The supplier
shall then be contacted as soon as possible for proper disposal instructions.
14. When fireworks are displayed in darkness the sponsor shall ensure that
the firing range is inspected early the following morning.
15. Any fireworks remaining unfired after the display shall be immediately
disposed of or removed from the city to the supplier from which they were purchased or
to a location approved by the fire op lice chief or his/her designee.
16. The debris from discharged fireworks shall be properly disposed of.
H. The denial by the fire- olp ice chief of a permit for the public display of
fireworks may be appealed to the apprepr-iate-Auburn city council GOrn eittee. (Ord. 5679
§ 1, 2002; Ord. 5385 § 6, 2000; Ord. 3976 § 8, 1984. Formerly 8.24.080.)
Section 10. Amendment to City Code. That Section 10.41.010 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
10.41.010 Restricted parking zones - Establishment.
A. In conformity with the standards and policies of the city council, The-the
city engineer is authorized to
establish and remove restricted parking zones when, in the city engineer's professional
Judgment, a restricted parking zone will reduce or eliminate a parking problem and the
public interest will be served. The city engineer shall report to the mayor and city council
any such changes to parking zones.
B. Restricted parking zones may reserve on-street parking for the exclusive
use of abutting properties and/or residents in a prescribed vicinity; vehicles used by
their visitors; and service vehicles of persons having business in the street. They may
also reserve on-street parking only during certain posted hours, allowing unrestricted
parking at all other times.
C. Application for parking permits shall be made on a form provided by the
city of Auburn. Proof of residency of the owner or lessee of a vehicle must be presented
when applying for a permit within the designated residential parking zone (RPZ). The
address of vehicle registration and driver's license must coincide with the residential
address of the person requesting a permit.
D. The city shall issue permits or other means of identification, maintain lists
of vehicles used by residents, or adopt any other reasonable means of distinguishing
vehicles that may validly be parked in any restricted parking zone from other vehicles.
Restricted parking zones shall be appropriately signed and/or marked. Any vandalism or
destruction of parking control signs shall not affect the validity of a restriction upon
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Ordinance No. 6532
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Page 9
parking on any street segment designated by the city engineer if other signs or traffic
control devices give notice that parking in the street segment is restricted. (Ord. 6267 §
1, 2009.)
Section 11. Amendment to City Code. That Section 10.64.020 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
10.64.020 Definitions.
For the purposes of this chapter the following words shall have the meanings
ascribed to them as follows:
A. "Parade" is any parade, march, ceremony, show, exhibition, pageant, or
procession of any kind, or any similar display, in or upon any street, park or other public
place in the city.
B. "Parade permit" is a permit as required by this chapter.
C. "Person" is any person, firm, partnership, association, corporation,
company or organization of any kind.
DD "P blip safety GMMittee" is the p blip safety Gnmmittee of the City GE)URGOI
.. TCtrccc�ra-t safety
3311 § 2, 1978.)
Section 12. Amendment to City Code. That Section 10.64.090 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
10.64.090 Appeal procedure.
Any person aggrieved shall have the right to appeal the denial of a parade permit
to the publiG safety GOMMitt city council. The appeal shall be taken within three days
after notice of denial. The publiG safety GOMMitt city council shall act upon the appeal
within seven days after its receipt. (Ord. 3713 § 6, 1981; Ord. 3311 § 7, 1978.)
Section 13. Amendment to City Code. That Section 10.64.120 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
10.64.120 Public conduct during parades.
A. Interference. No person shall unreasonably hamper, obstruct or impede,
or interfere with any parade or parade assembly or with any person, vehicle or animal
participating or used in a parade.
B. Driving Through Parades. No driver of a vehicle shall drive between the
vehicles or persons comprising a parade when such vehicles or persons are in motion
and are conspicuously designated as a parade, unless directed to do so by an Auburn
police officer.
C. Parking on Parade Route. The publiG safety GOMM itteepolice chief and the
city engineer shall have the authority, when reasonably necessary, to prohibit or restrict
parking of vehicles along a highway or part thereof constituting a part of the route of a
parade. The publiG safety GGFnmitteepolice chief or the city engineer shall cause to be
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Ordinance No. 6532
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Page 10
posted signs to such effect, and it is unlawful for any person to park or leave unattended
any vehicle in violation thereof. No person shall be liable for parking on a street
unposted in violation of this chapter. (Ord. 3311 § 11, 1978.)
Section 14. Amendment to City Code. That Section 12.04.010 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.04.010 Adoption of engineering construction standards and engineering design
standards.
A. Adopted — Engineering Construction Standards. The engineering
construction standards include the following documents and manuals which are herein
referred to as the "engineering construction standards" and are adopted by reference:
1. The Standard Plans (M21-01) for Road, Bridge, and Municipal
Construction prepared by the Washington State Department of Transportation, the
latest publication and amendments thereto, as determined appropriate for city
infrastructure by the city engineer and for conformance with adopted city engineering
design standards.
2. The Standard Specifications for Road, Bridge and Municipal Construction,
the latest (English) edition publication and amendments thereto as issued by the
Washington State Department of Transportation as supplemented and amended
through special provisions by the city engineer for specific construction applications and
for conformance with adopted city engineering design standards.
3. The City of Auburn Engineering Standard Details, a manual of specific
plans or drawings_developed and adopted by the city of Auburn department of public
works which show frequently recurring components of work that have been
standardized for repetitive use, as supplemented and amended by the city engineer for
specific construction applications and for conformance with adopted city engineering
design standards.
B. Adopted — Engineering Design Standards. The engineering design
standards as approved by the publiG woFkS GOMFnittee, supplemented and amended by
the city engineer for specific design applications to the authorized by the „uhk
^ ,S GOMFn;itee-and in consultation with the City Council on Policy issues or broad
city—wide implications shall include the following documents and manuals which are
herein referred to as the "engineering design standards" and are adopted by reference:
1. A manual of specific design requirements which shows frequently
recurring public transportation and utility infrastructure standards.
2. The City of Auburn Surface Water Management Manual (SWMM) which is
the 2008 City of Tacoma Surface Water Management Manual as amended for use in
the city of Auburn. The SWMM is a manual of specific requirements related to storm
drainage management.
C. Adopted — Highway Access Management. Chapter 468-52 WAC, Highway
Access Management — Access Control Classification System and Standards, and
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Ordinance No. 6532
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Page 11
amendments thereto, with the exception of WAC 468-52-060 and 468-52-070, is
adopted by reference with the following amendments:
1. All references to the "Department" shall be changed to "city of Auburn."
2. All references to Chapter 468-51 WAC or sections thereof shall be
changed to "City of Auburn Engineering Design Standards." (Ord. 6283 § 1, 2009; Ord.
6258 § 1, 2009; Ord. 6157 § 1, 2008; Ord. 5042 § 1 (Exh. B), 1998.)
Section 15. Amendment to City Code. That Section 12.04.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.04.050 Authorities for public infrastructure and right-of-way management.
A. Develop and Publish City Engineering Standards. The city engineer or
his/her designee shall develop, implement and publish engineering design standards
manuals afteF FeView and appreval by the publiG works GOMM in accordance with
Section 12.04.010(B) of the city code. The city engineer or his/her designee shall
develop, implement and publish engineering construction standards manuals and
establish engineering standard construction practices for regulation of all work within the
public way by all persons to include, but not be limited to, franchise public/private
utilities and entities possessing a right-of-way agreement and/or permit to assure the
public's safety, welfare and interest is protected.
B. Survey Record Controls. The city engineer or his/her designee shall
develop office procedures for establishing horizontal and vertical control registration of
existing and future development within the urban growth areas of the city. Procedures
will utilize both city and private development record drawings and survey efforts to
continue to maintain an accurate current database for future reference. The city will
provide the most current benchmark geodetic survey data to new developers and for
city construction projects at the administrative cost of providing the service, and require
in exchange, at no cost to the city, the developer and/or city project sponsors to provide
equal quality record drawings in AutoCAD drawing file format at completion of the
development and/or city project to update records reflecting survey controls of the new
development and/or city infrastructure.
C. Subdivision Records. The city engineer or his/her designee shall develop
office procedures for the safekeeping of record drawings of all recorded plats and short
plats.
D. Management of Record Drawings. The city engineer or his/her designee
shall develop office procedures for the safekeeping of record drawings of all public
transportation, water, sanitary sewer, and storm drainage infrastructure as defined in
ACC 13.40.010.
E. Management of Right-of-Way and Easements. The city engineer or his/her
designee shall develop office procedures for the safekeeping of record drawings of all
public right-of-way, public access easements, city utility easements, cross drainage
easements, and public facilities developed and dedicated to the city.
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Ordinance No. 6532
October 14, 2014
Page 12
The acquisition of real property and relocation of inhabitants required for the
completion of city projects shall be pursuant to ACC 2.03.030 and Chapter 3.10 ACC.
The city engineer may accept easements granted to the city as part of an
approved development project or capital projects of the city for city utilities, drainage,
slope protection, public access, and right-of-way, and may also accept public facility
extensions that are not dedicated through plats and short plats. After review by the
the city engineer may execute a release or partial release of
any city utility, drainage, temporary road, or slope protection easements that are not
needed or are no longer needed for city purposes. All other city-held easements shall
be released only by city council action, and public right-of-way easements shall be
subject to the vacation provisions set forth in Chapter 12.48 ACC, and in accordance
with Chapter 35.79 RCW. (Ord. 6312 § 1, 2010; Ord. 6265 § 2, 2009; Ord. 6258 § 1,
2009; Ord. 6013 § 1, 2006; Ord. 5042 § 1 (Exh. B), 1998.)
Section 16. Amendment to City Code. That Section 12.32.020 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.32.020 Prohibitions.
It is unlawful for any person, firm or corporation, or for any agent, representative,
servant or employee thereof, to deposit, place, erect or maintain, or cause to be
deposited, placed, erected or maintained, upon any sidewalk located in any public
street, alley or place of the city, or upon any portion of such sidewalk, any bench, chair,
rack, stand, structure, sign, merchandise or other object, except as approved by the
street rGmmitteecity engineer, or to place, erect or maintain, or cause to be placed,
erected or maintained, over such sidewalk, or over any portion of such sidewalk, any
structure, sign or other object at such height or in such manner as to prevent or interfere
with the free and unobstructed use of all of such sidewalk by pedestrians. (1957 code §
8.18.020.)
Section 17. Amendment to City Code. That Section 12.60.040 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.60.040 Type B short-term permit.
A. Type B is a short-term permit for uses of less than 30 days.
B. Type B permit uses include, but are not limited to, right-of-way closures for
sidewalk sales, rallies, block parties, or other similar events.
C. In the event a Type B permit involves a street, sidewalk, or parking
closure, additional fees are required per the city of Auburn fee schedule.
D. Issuance of right-of-way use permits that involve downtown, community
impacts, full street closures, or uses with policy implications shall require pub-works
eeFAtee-approval of the city engineer.
E. Applicant shall be an individual or organization that does not discriminate
in regard to race, religion, color, gender, national origin, creed, age, marital status,
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Ordinance No. 6532
October 14, 2014
Page 13
veteran status, disability status, or any other basis prohibited by federal, state, or local
law. (Ord. 6125 § 1, 2007; Ord. 5298 § 1, 1999; Ord. 5042 § 1 (Exh. D), 1998.)
Section 18. Amendment to City Code. That Section 12.60.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.60.050 Type C long-term permit.
A. Type C is a long-term permit for uses of 30 days to five years.
B. Type C permit uses include, but are not limited to, installation of
groundwater monitoring wells, landscaping, fences, awnings, underground storage
tanks, bus shelters, underground or overhead facilities such as fiber optic cables or
utility vaults except when a franchise or public way agreement applies, use of the right-
of-way to paint or repair a building or to stage for construction, sidewalk cafes, and
sidewalk vending units.
C. In the event a Type C permit involves a street, sidewalk, or parking
closure, additional fees are required per the city of Auburn fee schedule.
D. Issuance of right-of-way use permits that involve downtown, community
impacts, full street closures, or uses with policy implications shall require publiG works
GOM +M approval of the city engineer.
E. Applicant shall be an individual or organization that does not discriminate
in regard to race, religion, color, gender, national origin, creed, age, marital status,
veteran status, disability status, or any other basis prohibited by federal, state, or local
law. (Ord. 6125 § 1, 2007.)
Section 19. Amendment to City Code. That Section 12.60.070 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.60.070 Right-of-way use permit term, extension, renewal and termination.
A. No permit term shall exceed five years unless it has been approved by the
full council.
B. The city has authority to grant a single 30-day extension to the applicant
upon receipt of a written request, absent any known reasons for denial. Extensions of
right-of-way use permits that involve downtown, community impacts, full street closures,
or uses with policy or broad city-wide implications shall require
approval of the city even iq neer.
C. Once a permit has expired or been revoked, the applicant must apply for a
new permit. No permit shall be automatically renewed.
D. All right-of-way use permits are wholly of a temporary nature, and vest no
permanent rights whatsoever.
E. Right-of-way use permits are approved for the location and applicant listed
on the permit and cannot be transferred for another location or for another applicant
unless first approved by the city.
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Ordinance No. 6532
October 14, 2014
Page 14
F. The city shall have the authority to restrict, suspend, or revoke a permit
upon 30 days' notice; provided, however, the city shall have the authority to immediately
suspend or revoke a permit without such notice in situations that present, in the city's
determination, a health or safety hazard or constitute a public nuisance. The grounds for
restricting, suspending, or revoking a right-of-way use permit shall include, but not be
limited to:
1. Any other license or permit that the applicant is required to have for the
same use as the right-of-way use permit is not acquired or is suspended, revoked, or
canceled.
2. The applicant has violated or failed to meet any of the provisions of this
chapter or is in violation of any other ordinances or regulations of the city relating to the
use by the applicant for which the permit is applied for or issued.
3. The applicant has failed to meet the conditions of the permit.
4. The use for which the permit was approved has changed.
5. The permit was procured by fraud or misrepresentation of fact or was
issued in error or on the basis of incorrect information supplied to the city.
6. The abutting property owner or legal representative withdraws consent in
writing for a sidewalk vending unit. (Ord. 6125 § 1, 2007.)
Section 20. Amendment to City Code. That Section 14.18.030 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.18.030 Public hearing.
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 development nnmmittee city's 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.
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. Requiring the subject property posted in accordance with the applicable
requirements of Chapter 1.27 ACC. (Ord. 6287 § 2, 2010; Ord. 5811 § 3, 2003; Ord.
5306 § 1, 1999; Ord. 4872 § 1, 1996.)
Section 21. Amendment to City Code. That Section 14.18.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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Ordinance No. 6532
October 14, 2014
Page 15
14.18.050 planning and develep ment nnmmittooHearinq examiner.
The planRing and development Gernmitteehearinq examiner, following the closure
of the public hearing, shall recommend to the city council that the city sign a
development agreement with the applicant or to not sign a development agreement with
the applicant. The planning and development rnmmittoohearinq examiner shall not
recommend approval of the development agreement unless it finds the proposal is in
conformance with the findings of fact as outlined in ACC 14.18.070(A). (Ord. 6287 § 2,
2010; Ord. 4872 § 1, 1996.)
Section 22. Amendment to City Code. That Section 14.18.060 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.18.060 City council review.
A. Upon receipt of the planning—and dev lepmenf–eE)MM ittee'shearing
examiner's recommendation, the city council shall, at its next public meeting, approve,
remand the recommendation to the ^^MC hearing examiner or schedule a closed
record hearing. Any aggrieved person may request the council to conduct its own
closed record hearing. The council can only amend or reject the GOMM ittee'c hearing
examiner's recommendation.
B. If the council holds its own closed record hearing on a proposed
development agreement, the council shall consider the findings, conclusions and
recommendations of the planning and develepment GOMM hearing examiner's public
hearing. After conducting its own closed record hearing the council may approve,
approve with conditions, reject or return the application to the applicant for corrections
or modifications.
C. When the council makes its decision on the development agreement, it
shall pass a resolution prepared by the city attorney. A resolution prepared under this
subsection shall include formal findings of fact and conclusions supporting the decision.
If the development meets all city development standards, the findings shall affirm that
the development conforms with all applicable city development standards. If the
development agreement allows modifications from some city standards, the
modifications shall be specified in the resolution. (Ord. 6287 § 2, 2010, Ord. 5785 § 1,
2003; Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.)
Section 23. Amendment to City Code. That Section 14.22.040 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.22.040 Definitions.
A. "Amendment" means any change in the wording, context or substance of
the comprehensive plan or a change to the comprehensive land use map or any other
map contained or referenced within any plan chapter or element.
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Ordinance No. 6532
October 14, 2014
Page 16
B. "Area-wide map amendment" means an amendment to the
comprehensive land use map involving four or more contiguous or adjacent parcels
under different ownership that would be similarly affected by a proposed map
amendment.
C. "City-initiated planning program" means a planning program begun by
resolution of the city council, aRy Gity GeunGil GOmmittee, or the planning commission,
addressing a geographic sub-area of the city's urban growth area (such as a special
area plan) or addressing a specific functional area (such as a utility plan).
D. "Director" means the director of the department of planning and
development or his/her designee.
E. "Docket" means a list of suggested amendments to the comprehensive
plan maintained by the director.
F. "Planning commission" is an appointed group serving in an advisory
capacity to the city council as specified in Chapter 2.45 ACC. (Ord. 6287 § 2, 2010; Ord.
6172 § 1, 2008.)
Section 24. Amendment to City Code. That Section 14.22.080 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.22.080 Docketing.
A. In accordance with RCW 36.70A.470, suggested changes to the
comprehensive plan which are not specific to any site may be submitted by any
individual, organization or general or special purpose government and shall be
coordinated by the director. The director shall create appropriate forms for such
submittals that require the submittal to address the criteria outlined in subsection C of
this section. The list shall be known as the "docket" and is the means to suggest a
change or identify a deficiency in the comprehensive plan. An item may be submitted to
the docket at any time during the calendar year. There is no fee associated with
submitting an item to the docket.
B. Annually, the director shall review such suggestions with the city council or
GGMFnittee thereof and determine whether to direct them to the planning commission for
consideration. The city council OF "
GOM iittee thereof may decline to consider any item
from the docket.
C. Proposed amendments on the docket may be considered appropriate for
action if the following criteria are met:
1. A proposed comprehensive plan text amendment addresses a matter
appropriate for inclusion in the plan;
2. The proposal demonstrates a strong potential to serve the public interest
by implementing specifically identified goals and policies of the plan;
3. The proposal addresses the interests and changed needs of the entire city
as identified in the plan;
4. The proposal does not raise policy or land use issues that are more
appropriately addressed by an ongoing work program approved by the city council;
Ordinance No. 6532
October 14, 2014
Page 17
5. The proposal can be reasonably reviewed and evaluated, given existing
staff and budget resources; and
6. The proposal has not been voted on by the city council in the last three
years. This time limit may be waived by the city council if it is demonstrated that there
exists either an obvious technical error or a change in circumstances that justifies the
need for the amendment.
D. Any item on the docket that is not determined to be appropriate for action
may be proposed under ACC 14.22.090, provided it is timely and properly filed. (Ord.
6172 § 1, 2008.)
Section 25. Amendment to City Code. That Section 14.22.090 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.22.090 Proposals for amendments.
A. Privately Initiated Amendments. A proposed amendment to the
comprehensive plan, other than docketing pursuant to ACC 14.22.080, may be
submitted by any individual, organization, corporation or partnership; general or special
purpose government other than the city; or entity of any kind; provided, that if the
proposal involves specific real property, the property owner has provided written
consent to the proposal.
B. City-Initiated Amendments. The city council eF GeMrnittee thereof or the
planning commission may initiate a planning program or any type of amendment to the
comprehensive plan, regardless of whether site-specific or area-wide in scope.
C. Application. Except for city-initiated planning programs or individual
amendments, all proposed amendments shall be submitted to the director on an
approved form, together with required filing fees. An environmental checklist shall also
be submitted if required. A proposed amendment request shall include the following
information:
1. Name, address, phone number and e-mail address of the applicant and
contact person and written consent of the property owner if the proposal affects specific
property;
2. If the amendment concerns specific property, both a general description
and legal description of the property;
3. A description of the plan amendment being requested;
4. Written statements addressing the purpose of the amendment, why it is
being requested, and how it is consistent with the criteria listed in ACC 14.22.110;
5. If the request is for an amendment to the comprehensive land use map,
an indication of what concurrent change in zoning is also being requested.
D. Department Report. The director shall prepare an assessment and
recommendation on all proposed amendment requests and include this within a report
that evaluates all requests concurrently. (Ord. 6172 § 1, 2008.)
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Ordinance No. 6532
October 14, 2Q14
Page 18
Section 26. Amendment to City Code. That Section 16.08.020 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
16.08.020 Definitions.
As used in this chapter:
A. "Act" means the Shoreline Management Act of 1971 (Chapter 90.58
RCW) and state departmental regulations pursuant thereto, including any amendments
thereto.
B. means the planRiRg and development GE)Mmittee of the Git
eeunGil.
G. "Definitions by reference" means the definitions and concepts set forth in
Chapter 6 of the Auburn shoreline master program attached to the ordinance codified in
this chapter, the Act (RCW 90.58.030), and state departmental definitions (WAC 173-
27-030 and 173-27-250) adopted pursuant thereto which shall also apply as used in this
chapter as they would pertain to shorelines within the city limits.
BC. "Director" means the director of the department of—pla„Ting—a
community development and public works of the city, or his/her duly authorized
designee. (Ord. 6287 § 2, 2010; Ord. 6235 § 1, 2009; Ord. 6095 § 1, 2008; Ord. 4840 §
1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 71, 1985; 1957 code § 11.94.020.)
Section 27. Amendment to City Code. That Section 17.02.090 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
17.02.090 Amendments.
A. Initiation of Amendments.
1. The city council, ^r the planning and d velopmept-csmMittee of the City
seunGil, upon its own motion may request the planning commission to conduct a public
hearing to amend any portion or all of this title; provided, that no public hearing is
required for a purely administrative or procedural amendment of any portion 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, with the exception of purely
administrative or procedural amendments;
3. Any resident or property owner of the city may petition the city to request
an amendment to the text of this title.
B. Public Hearing and Notice.
1. With the exception of purely administrative or procedural amendments, 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 sending to any individual or organization which has submitted a
request for notification a notice indicating the time and place of public hearing,
Ordinance No. 6532
October 14, 2014
Page 19
describing the general nature of the proposal, and indicating how copies of the
proposed ordinance or amendment can be obtained; and
b. 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.
2. For all proposals to make purely administrative or procedural amendments
to this title, the planning director shall cause notice of such proposed amendment to be
given as follows:
a. By sending to any individual or organization which has submitted a
request for notification advance notice of the proposed amendment that indicates how
copies of the proposed amendment can be obtained.
b. By publishing in a newspaper of general circulation in the area advance
notice of the proposed amendment that indicates how copies of the proposed
amendment can be obtained.
3. For the purposes of this section, substantive amendments shall be
distinguished from procedural or administrative amendments in accordance with the
following: substantive matters relate to regulations that define or limit what can be done
in terms of conduct, use or action (e.g., what use may be made of land, what
requirements apply to development), and procedural or administrative matters are those
that relate to the process of how an application to take such action must be pursued
(e.g., time limits for applications and appeals, what forms must be used, and where or
how applications must be submitted. Essentially, procedural or administrative matters
are the mechanical rules by which substantive issues may be pursued).
C. 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.
D. City 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, eitheF beffere the fQ;t GE)wnsil E)F befeFe a ^^„^^;1 GeFAM 4tee, 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. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009.)
Section 28. Amendment to City Code. That Section 18.08.090 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
18.08.090 Amendments.
Amendments to this chapter may be initiated by the city, the proponent, or the
proponent's successor, and shall occur as follows:
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Ordinance No. 6532
October 14, 2014
Page 20
A. The planning director or-of community development and public works
rdireG+nr in their area of respensibili+v may interpret the words and meaning of certain
conditions in order to resolve conflicts in implementation. All words in the ordinance
codified in this chapter shall carry their customary and ordinary meaning.
B. If changes to the language of the ordinance codified in this chapter are
required, such proposed changes shall be reviewed by the planning aR d rde„elnnmen+
director of community development and
public works. If, in the estimation of the director of community development and public
works, the proposed change is minor, then the GE)Fnm#ee shall make a
proposed change shall be forwarded directly to the city council for its
consideration. If, in the estimation of the director of community development and public
works, the change is major, the rte,,, ;++eproposed change shall be referreferred to
the change to the hearing exam 44erplanning commission which i c the
eVr-shall conduct a public hearing and make a recommendation to the city
council. (Ord. 6382 § 2, 2011.)
Section 29. Amendment to City Code. That Section 18.29.070 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
18.29.070 Design standards.
Adopted by reference are the "Downtown Auburn Design Standards" and the
"Auburn Junction Design Standards," a copy of which shall be maintained by the city
clerk. These documents contain standards for development of the built environment in
the DUC zone. The director shall have the authority to apply the standards to specific
development proposals. These standards may be amended upon approval by the
city council. (Ord. 6419
§ 2, 2012; Ord. 6287 § 2, 2010; Ord. 6190 § 1, 2008; Ord. 6071 § 6 (Exh. A), 2007.)
Section 30. Amendment to City Code. That Section 18.68.020 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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,
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, -e -planning nd-development cO„ Mittee-of-the
GGunGil, upon its own motien may request the planning commission to conduct a public
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Ordinance No. 6532
October 14, 2014
Page 21
hearing to amend any portion or all of this title; provided, that text amendments that are
purely administrative or procedural do not require a public hearing, nor do they require
preliminary review or recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public
hearing to amend any portion or all of this title, with the exception of purely
administrative or procedural amendments;
3. Any resident or property owner of the city may petition the city to request
an amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be
distinguished from procedural or administrative amendments in accordance with the
following: "Substantive" matters relate to regulations that define or limit what can be
done in terms of conduct, use or action (e.g., what use may be made of land, what
requirements apply to development, what public infrastructure may be required of
certain developments), and "procedural" or "administrative" matters are those that relate
to the process of how an application to take such action must be pursued (e.g., time
limits for applications and appeals, what forms must be used, and where or how
applications must be submitted. Essentially, "procedural" or "administrative" matters are
the mechanical rules by which substantive issues may be pursued). (Ord. 6287 § 2,
2010; Ord. 6198 § 3, 2008; Ord. 4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 §
2, 1987.)
Section 31. Amendment to City Code. That Section 18.76.080 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
18.76.080 Public infrastructure requirements.
The applicant for the PUD must provide all necessary public facilities to include,
as a minimum, the following:
A. Dedication of Public Utilities. Public utilities being provided by the city
must be dedicated to the city unless allowed to be private by the city.
B. Water, Sewer and Drainage Facilities. All water, sanitary sewer and
drainage facilities must be constructed and installed in accordance with applicable city
codes and standards, including design criteria, construction specifications, operational
criteria, and approved engineering submittals.
C. Underground Facilities. All public utilities must be placed underground
except those that by their nature must be on or above ground, such as streets, fire
hydrants, power vaults, telephone pedestals and open watercourses. The applicant is
responsible for making the necessary arrangements with the appropriate entities for the
installation of such services.
D. Streets.
1. All streets must be constructed to the city's standards. Variations from
minimum standards for pavement and right-of-way widths or other dimensional or
construction standards may be permitted when special design features of the PUD or
topographic considerations warrant the variation. The applicant must submit a written
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Ordinance No. 6532
October 14, 2014
Page 22
justification for any proposed variation along with evidence that the minimal functional
requirements of the proposed street improvements are being met. The city engineer
shall review the proposed variation and shall determine if the minimal functional
requirements are being met and shall make a recommendation to the cif council-publie
%k ee,nMittee whether the variation should be approved. The
GOFAMittee—city council shall act upon the request and may require conditions of
approval to ensure the minimal functional requirements are being met.
2. Private streets may be permitted within the PUD provided they meet the
following criteria:
a. Use of the private street is limited to those accessing property within the
planning area or immediately adjacent to the planning area and is not needed by non-
PUD residents to travel from one public street to another. The design of the private
street shall be such that it will discourage any through traffic that is not related to the
planning area itself.
b. The minimum pavement width for private streets shall be 28 feet;
provided, that on-street parking is allowed only on one side of the street or 20 feet for
alleys. The roadway section pavement depth for asphalt, crushed rock, and gravel base
and the material specifications of these materials shall be the same as Auburn
standards for public streets. Additional width may be required if determined to be
needed to provide adequate circulation for the residents of the PUD. Factors to be
considered include but are not limited to providing emergency equipment access,
preventing conflicts between pedestrians and vehicle traffic, on-street parking, number
of units, the need for sidewalks and bike paths. The pavement width and construction
standards, to include but not limited to illumination, signing, storm drainage, curbs,
gutters, channelization, e.g., shall be determined by the city engineer at the time of
preliminary plat or site plan approval. Private streets and/or access tracts and shared
driveways that provide a second or additional access to lots/units shall be constructed
to standards, as determined by the city engineer, considered to be appropriate for the
situation. Factors to be considered include the number of units served, emergency
access and traffic circulation.
C. All sites served by a private street greater than 600 feet in length shall
have at least two access connections to a public street and provide for adequate
emergency equipment access.
d. A legally incorporated property owners' association assumes the
responsibility and cost to repair and maintain the proposed private streets. If the
association fails to maintain the street, the by-laws of the association give the city the
right to maintain the street and charge the cost of the maintenance, including any
administrative costs, to the association members.
e. The by-laws establishing the association must state that if future owners
should request that private streets be changed to public streets, then the owners fully
agree that, before acceptance of such streets by the city, the owners will bear full
expense of reconstruction or any other action necessary to make the streets
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Ordinance No. 6532
October 14, 2014
Page 23
I
substantially consistent to the requirements of public streets, applicable at that time.
(Ord. 5092 § 1, 1998.)
Section 32. Amendment to City Code. That Section 20.04.030 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
20.04.030 Notice of complete application and scheduling of his bearingmeetin .
A. Within 30 calendar days after receipt of the public way agreement
application, the city will complete review of the application to determine whether the
application contains sufficient information as outlined in ACC 20.04.020 to proceed with
processing. If during the 30-calendar-day review period, the city engineer determines
that the application is incomplete, the city engineer will issue a letter to the applicant
specifying the additional information necessary to complete the application. The
applicant will be given 30 calendar days to respond to the request for additional
information. Once the additional information is received by the city, an additional 14
calendar days will be allowed to determine whether the application is complete. Once
the application is determined complete, written notice will be provided following the
procedure outlined in this subsection. If the applicant needs additional time to respond,
the applicant may request up to an additional 30 calendar days. If a response is not
timely received, the application will be returned to the applicant with a notice that the
application is rejected due to failure to provide the required information. Any new
applications will require a new application fee.
B. When satisfied that the application is complete, the city engineer will notify
the applicant in writing that the application is complete and inform the applicant of the
schedule for consideration by the
the city council that it GGhedule a publiG hearing. The city clerk will notify the applicant in
writing of the scheduled heameeting. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
Section 33. Amendment to City Code. That Section 20.06.030 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
20.06.030 Notice of complete application and scheduling of public hearing.
A. Notice of Complete Application. Within 30 calendar days after receipt of
the franchise application, the city will complete review of the application to determine
whether the application contains sufficient information as outlined in ACC 20.06.020 to
proceed with processing. If during the 30-calendar-day review period, the city engineer
determines that the application is incomplete, the city engineer will issue a letter to the
applicant specifying the additional information necessary to complete the application.
The applicant will be given 30 calendar days to respond. Once the additional
information is received by the city, an additional 14 calendar days will be allowed to
determine whether the application is complete. Once the application is determined
complete, written notice will be provided. If the applicant needs additional time to
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Ordinance No. 6532
October 14, 2014
Page 24
respond the applicant may request up to an additional 30 calendar days. If a response
is not timely received, the application will be returned to the applicant with a notice that
the application is rejected due to failure to provide the required information. Any new
applications will require a new application fee.
B. Scheduling of Public Hearing. When satisfied that the application is
complete, the city engineer will notify the applicant in writing that the application is
complete and inform the applicant of the schedule for consideration by the pUbl+c-weFk-s
city council. O.n .P- satisf;ed as to
reGOMmCend-that the ^ity ^n,,nr.il set� the date fnr the publiG heaFiR v The city council will
schedule the hearing and the city clerk will notify the applicant in writing of the
scheduled hearing. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
Section 34. Amendment to City Code. That Section 20.08.030 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
20.08.030 Notice of complete application and scheduling of public hearing.
A. Within 30 calendar days the city will complete an initial review of the
application to determine whether the application contains sufficient information as
outlined in ACC 20.08.020 to proceed with processing. Once satisfied that the proposal
is clear, the mayor will appoint a negotiation team to meet with the applicant and
determine whether additional information is needed. The team shall as a minimum
consist of the finance director, a legal representative, and the department director
affiliated with the property being considered for lease. If during the 30-calendar-day
review period, the application is deemed incomplete, the city will issue a letter to the
applicant specifying the additional information necessary in order to proceed with
processing. The applicant will be given 30 calendar days to respond. Once the
additional information is received by the city, an additional 14 calendar days will be
allowed to determine whether the application is complete. Once the application is
determined complete, written notice will be provided. If a response is not timely
received, the application will be returned to the applicant with a notice that the
application is rejected due to failure to provide the required information. Any new
applications will require a new application fee.
B. When satisfied that the application is complete, the finance director will
issue a letter of completeness and notifying the applicant of the SGheduIe issue w44
in t6
draft lease agreement process for consideration of the matter by the city council. Once
the team r°t„mc to the ^nmmitt°° with a an acceptable draft lease agreement has been
prepared, the ,
and reGeMMeRd to the Gity GGURGiI whether a publiG hearing should be held. The Gity
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Ordinance No. 6532
October 14, 2014
Page 25
i
seun;4-city clerk will schedule t ie-a hearing before the city council, and the city clerk
will notify the applicant in writing of the scheduled hearing. (Ord. 5271 § 1, 1999; Ord.
5034 § 1, 1998.)
Section 35. Amendment to City Code. That Chapter 2.06 of the Auburn
City Code be, and the same hereby is, amended to read as follows:
Chapter 2.06
CITY COUNCIL'
Sections:
2.06.010 Meetings —Time.
2.06.020 Meetings — Place.
2.06.030 Regular meetings.
2.06.040 Special meetings.
meetings.2.06.045 Gemmittee of the whele
2.06.050 Meetings —Attendance failure — Office forfeiture.
2.06.060 Rules of procedure of the city council.
2.06.010 Meetings —Time.
A. Regular City Council Meetings. Commencing with the first regular council
meeting in January, 4-942015, the city council shall hold regular meetings on the first
and third Mondays of each month, at 707:00 p.m.
pTm-.; provided, however, that when the day fixed for any regular meeting of the council
falls upon a day designated by law as a legal or national holiday, such meetings shall be
held at the same hour on the next succeeding day not a holiday.
B. Council Study Sessions. The citVcouncil shall hold, as regular meetings,
study sessions on the second, fourth and fifth Mondays of each month, at 5:30 p.m.;
provided, however, that when the day fixed for any regular meeting of the council falls
upon a day designated by law as a legal or national holiday, such meetings shall be
held at the same hour on the next succeeding day not a holiday. (Ord. 5802 § 1, 2004;
Ord. 3916 § 1, 1983; 1957 code § 1.04.010.)
2.06.020 Meetings — Place.
Except as specifically set in locations in Auburn other than at city hall for
particular meetings, and with appropriate public notice, A-14-all regular meetings of the
city council, including regular council meetings and study sessions, shall be held in the
council chambers situated in the City Hall building, 25 West Main Street, Auburn, King
For statutory provisions on council meetings in code cities, see RCW 35A.12.110 and 35A.12.120; for
provisions on forfeiture of office, see RCW 35A.12.060.
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Ordinance No. 6532
October 14, 2014
Page 26
County, Washington, and shall be open to the general public. (Ord. 5802 § 1, 2004;
Ord. 3759 § 1, 1982; 1957 code § 1.04.020.)
2.06.030 Regular meetings.
Regular meetings of the city council shall be held on the times and dates as may
be heretofore or hereafter set forth by ordinance. (Ord. 5802 § 1, 2004; 1957 code §
1.04.060.)
2.06.040 Special meetings.
Special meetings of the city council may be called by the mayor or any three
members of the council by written notice delivered to each member of the council at
least 24 hours before the time specified for the proposed meeting; provided, however,
that no ordinance or resolution shall be passed, or contract let or entered into, or bill for
the payment of money allowed, at any special meeting unless public notice of such
meeting has been given by such notice to the local press, radio and television as will be
reasonably calculated to inform the city's inhabitants of the meeting. Special meetings
of the city council may be at city hall or locations within or outside of the city limits;
provided that no final action may be taken by the city council at such meetings unless
located within the city limits. (Ord. 5802 § 1, 2004; 1957 code § 1.04.070.)
2.06.045 Committee of the whole rneetinW.
Committee of the whole, Gen6i6tiRg ef the eRtire membership of the Gity Geuncil
and the deputy mayor as presidiRg effiGer, shall meet at 5:005;30 p.m. on the fifth
25 West Main Street, Auburn, Washington, URIess a different tome and/er loratien is
standing Gernmitteesstudy sessions, and that dG ROt, OR their present form eF stage of
development, lend themselves to the agendas of the or FegulaF GGunGiI meetings. The
puFpose, pursuant to the requirements of AGG 2.06.040. (Ord. 5831 § 1, 2004-4.
2.06.050 Meetings —Attendance failure — Office forfeiture.
A councilmember shall forfeit his/her office if he/she fails to attend three
consecutive regular meetings of the council without being excused by the mayor. (Ord.
5802 § 1, 2004; Ord. 2907 § 2, 1976.)
2.06.060 Rules of procedure of the city council.
The rules of procedure of the city council of Auburn, Washington, shall be as
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Ordinance No. 6532
October 14, 2014
Page 27
approved by a majority vote of the city council. (Ord. 5802 § 1, 2004.)2
Section 36. Repeal of Section of City Code. That Section 12.20.050 of
the Auburn City Code be, and the same hereby is, repealed.
Section 37. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 38. 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 39. 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, and
on January 1, 2015.
INTRODUCED: NOV - 3 2014
PASSED: NOV - 3 2014
APPROVED: NOV - 3 2014
CITY OF AUBURN
,
NANCY' K S, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
2 The rules of procedure of the city council are adopted by reference as Exhibit "A" to Ordinance 5802,
and amended by Resolution No. 4282, Resolution No. 4429, Resolution No. 4467, Resolution No. 4615,
Resolution No. 4686, Resolution No. 4740, Resolution No. 4813, Resolution No 4909 and Resolution No.
5105, and may be found on file in the city clerk's office.
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Ordinance No. 6532
October 14, 2014
Page 28
APP' °V TO FORRA-
Daniel B. eid, City orne
Published:
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Ordinance No. 6532
October 14, 2014
Page 29
TEXT OF REPEALED CODE SECTION
Section 36 of Ordinance 6532
12.20.050 Width. [DRIVEWAYS]
Unless deviation is granted by the public works committee of the city council, the
widths shall be in conformance with the city of Auburn design and construction
standards and the city of Auburn construction details. (Ord. 5143 § 1, 1998; Ord. 3866 §
2, 1983; Or. 2980 § 1, 1976; 1957 code § 8.14.040.)
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Ordinance No. 6532
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Page 30