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HomeMy WebLinkAboutAgenda Modification ~ * CITYOF WASHINGTON T0: Members of the City Council Mayor Lewis Department Directors FROM: Cathy Richardson, Deputy City Clerk ~ SUBJECT: April 17, 2006 Agenda Modification DATE: April 17, 2006 The following item modifies the April 17, 2006 City Council meeting agenda published on Friday, April 14, 2006: VIII. ORDINANCES AND RESOLUTIONS The agenda modification transmits revised Ordinance Nos. 6015 and 6017, and removes Resolution No. 4016. A. Ordinances 3. Ordinance No. 6015* (Wagner/Dowdy) An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Section 13.48.230 entitled "Connections" for the purpose of extending the exemption for nonconforming connections in the Downtown Plan Study Area 4. Ordinance No. 6017 An Ordinance of the City Council of the City of Auburn, Washington, amending Section 8.28.010 of the Auburn City Code relating to noise control I/clerk/council/2006agendas/2006am04-17 (2) ORDINANCE NO. 6015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE SECTION 13.48.230 ENTITLED "CONNECTIONS" FOR THE PURPOSE OF EXTENDING THE EXEMPTION FOR NONCONFORMING CONNECTIONS IN THE. DOWNTOWN PLAN STUDY AREA WHEREAS, the exemption for nonconforming connections in the downtown study area was scheduled to expire; and WHEREAS, the City Council desires to extend the exemption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON„DO ORDAIN as follows: Section 1. Amendment to Citv Code. That Chapter 13.40, , Facility Extensions, of the Auburn City Code be and the same hereby is amended to read as follows: 13.48.230 Connections. A. Required Connections. All non-single-family residential building permits shall be subject to a mandatory connection to a public storm drainage system where the development has the potential to negatively impact public or private property or receiving waters as determined by the city or whenever an existing public system is available adjacent to the site or where the public system is required to be constructed adjacent to the property as a condition of development. B. Existing Nonconforming Connections. Ordinance No. 6015 April 17, 2006 Page 1 1: Properties that utilize existing nonconforming storm drainage connections and apply for a building permit to make an addition, alteration or repairs of greater than 50 percent of the assessed valuation of such structure shall be required to bring such structure and property into conformance with current city storm drainage standards and regulations. 2. Properties that utilize existing nonconforming storm drainage connections and apply for a building permit to make wholly interior improvements within the existing structure shall not be required to bring such structure and property into conformance with current city storm drainage standards. 3. Properties located within the downtown plan study area as identified in Figure 1, "Downtown Plan Area" of the Auburn Downtown Plan/EIS approved May 21, 2001, that utilize existing nonconforming storm drainage connections and apply for a building permit to make an addition, alteration or repairs of greater than 50 percent of the assessed valuation of such structure whether wholly exterior or a combination of interior and exterior will not necessitate upgrading of the storm drainage facilities to current city storm drainage standards and regulations when there is no change in the amount of impervious surface, for a period of five years from June 18, 2891-2006. Netapew+eus-su#ases-w+II be-sabjest-te-strren#--s~st nd4egtilaEiens-(Ord. 5853 § 1, 2004; Ord. 5530 § 1, 2001; Ord. 5212 § 1(Exh. J), 1999; Ord. 4492 § 4, 1991.) Ordinance No. 6015 April 17, 2006 Page 2 Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. 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 4. 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. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR Ordinance No. 6015 April 17, 2006 Page 3 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. He' City Attorney Ordinance No. 6015 April 17, 2006 Page 4 ORDINANCE NO. 6 0 1 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 8.28.010 OF THE AUBURN CITY CODE RELATING TO NOISE CONTROL WHEREAS, the City Codes provide for regulation of certain activities within the City that affect the quiet enjoyment of neighborhoods, and address potential public nuisances; and WHEREAS, one of the areas addressed by such code provisions deals with noise control and abatement of noises inappropriate for time or circumstances; and WHEREAS, in connection with the City's noise control regulations, construction noises are an issue that is appropriate for regulation with respect to certain circumstances that exist in residential neighborhoods particularly; and WHEREAS, the character of residential growth and development in the City of Auburn has resulted in increased infill development of lots in already developed single family residential zones; and WHEREAS, it is appropriate for construction related noise to be controlled so as not to impose unnecessarily into the quiet enjoyment of residential neighborhoods. , NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance 6017 April 17, 2006 Page 1 of 5 Section 1. Amendment to Citv Code. That section 8.28.010 of the Auburn City Code be and the same hereby is amended to read as follows: 8.28.010 Noise control. A. General Prohibition. It is unlawful for any person to cause, or for any person who owns or occupies property to allow to originate from the property, sound that is a public disturbance noise. B. Public Disturbances. The following sounds are public disturbance noises in violation of this chapter: 1. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; 2. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace and comfort of owners or occupants of real property; 3. Yelling, shouting, whistling or singing on or near public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m. or at any time and place as to unreasonably disturb or interfere with the peace and comfort of owners or occupants of real property; 4. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, which unreasonably disturb or interfere with the peace and comfort of owners or occupants of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings; 5. Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself; 6. Sound from portable audio equipment, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source and not operated upon the property of the operator, and if operated on the property of the operator, then so as to be audible greater than 50 feet from the boundary of the property; 7. The squealing, screeching or other such sounds from motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking or excessive speed around corners or because of such other reason; provided, that sounds which result from actions which are necessary to avoid danger shail be exempt from this section; Ordinance 6017 April 17, 2006 Page 2 of 5 8. Construction noise shall be requlated as follows: a. Except as provided for in subsection 8.b. below, Ssounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering between the hours of 10:00 p.m. and 7:00 a.m. on any day of the week except Sunday and 10:00 p.m. and 9:00 a.m. on Sundays; b. For construction on property in the R1, R2, R3, LHR1, LHR2, LHR3 and PUD zones, sounds oriqinatinq from construction sites, includinq but not limited to sounds from construction equipment, qower tools and hammerinq between the hours of 7:00 p.m. and 7:00 a.m. on weekdavs, and 6:00 p.m. and 9:00 a.m. on Saturdav and Sundav. c. Construction activity mav be permitted outside the houriv limits set forth in subsection a. and b. above oniV upon application and aqproval bv the City Planninq Buildinq and Communitv Director. Criteria for approval shall include proiect remoteness undue hardship or other reasonable standards. Approval may only be for specific dates and times and other compellinq reasons. In order to be entitled to receive approval, the applicant must show the Citv that the need for expansion of the hours is caused by circumstances of an unforeseen and emerqency nature or circumstances where there are no other reasonable alternatives other than the relief requested. Approval may only be for specific dates and times and under terms that the approvinq official deems appropriate under the circumstances. d. The repuest for the expansion of the hours for construction related noise shail be made in writinq to the Planning, Buildinq and Community Director, on forms available from the Planning Buildinq and Community Department. Decisions of the Planning, Building and Community Director on such requests maV be appealed bv a partv affected by the decision to the City's Hearinq Examiner. Appeals of decisions of the Planning, Buildinq and Community Director shall be based solely on the above criteria. e. It is further provided that the Mayor or desiqnee shall be entitled to exempt from the provisions of Paraqraph 8 hereof public aqencv proiects involvinq work in public riqhts-of-waV, Riqht-of-waV Aqreements and Riqht-of-wav Permits, where noise is addressed as a condition of approval or aqreement. 9. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances, including but not limited to sounds from lawnmowers, powered hand tools, snow removal equipment and anv other power motorized equipment seMpesteFs between the hours of 10:00 p.m. and 7:00 a.m. on any day of the week except Sunday and 10:00 p.m. and 9:00 a.m. on Sundays. 10. Continuing and/or on-going sounds from non-emergency motor vehicles audible more than twenty-five feet away from the vehicle located on or in Ordinance 6017 April 17, 2006 Page 3 of 5 the vicinity of residential property, which sounds reasonably cause the annoyance or disturbance of two or more neighbors not residing at the same address, due to the on-going or repetitive nature of the sounds, or the very early or very late hours of the sounds. For the purposes hereof, sounds coming from motor vehicles, including but not limited to engine sounds, horn sounds, hydraulic or air break sounds, or other equipment located on the motor vehicle or attached trailer, that are audible more than twenty-five feet away from the vehicle located on or in the vicinity of residential property, after 10:00 p.m. at night or before 7:00 a.m. on any day of the week except Sunday and after 10:00 p.m. at night or before 9:00 a.m. on Sundays, shall be presumed to be a public disturbance noise. Such presumption shall only be rebutted upon a showing before the adjudicatory body that the noise was caused by circumstances of an unforeseen and emergency nature. C. It is also unlawful, and a violation of this chapter, for the owner or other person having control or custody of any dog, cat, or other animal to allow such dog, cat, or other animal to habitually howl, yelp, bark, or make other noises which unreasonably disturb another person. D. Exclusion. This chapter shall not apply to community events such as parades or regularly scheduled events at parks, such as public address systems for baseball games or park concerts between the hours of 9:00 a.m. and 11:00 p.m. This chapter shall not apply to fireworks lawfully discharged within the city. This chapter shall also not apply to public safety training activities between the hours of 7:00 a.m. and 11:00 p.m. (Ord. 6010 § 1, 2006; Ord. 5899 § 1, 2005; Ord. 5658 § 1, 2002; 1957 code § 9.10.010.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of Ordinance 6017 April 17, 2006 Page 4 of 5 the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. DATED and SIGNED this _ day of , 2006. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN ATTEST: PETER B. LEWIS MAYOR Danielle E. Daskam, City Clerk AP V ED TO F R: niel Bei , City Attorney Published: Ordinance 6017 April 17, 2006 Page 5 of 5