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Home My WebLink About02-05-2007 ITEM VIII-A-2AWWAAS'H ITY Of -* INGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Ordinance No. 6078, amending Chapter 1.27 of the Auburn City Code, January 29, 2007 related to posting public notices. Department: Planning Attachments: Ordinance No. 6078 Budget Impact: None Administrative Recommendation: City Council introduce and adopt Ordinance No. 6078. Background Summary: The City requires the posting of signs for various land use actions, including SEPA determinations, Notice of Applications, and public hearings. Currently, the City "rents" signs to an applicant for a fee, requiring them to be returned in order to avoid paying a fine. The proposed amendments are intended to accomplish several objectives: 1. Eliminate the need for the large, 4'x 8' signs, which many individuals have difficulty in transporting to their project sites. 2. Have the size of the sign being required relate to a site's street frontage, rather than its area. 3. Provide greater administrative flexibility in general and in particular, authorize the director to require more signs if deemed necessary. 4. Change the current method of "renting" the signs to simply selling them. Keeping track of rented signs has proved problematic and at times, signs have been defaced with spray paint at no fault on an applicant, resulting in their need to pay for the signs. Assuming this ordinance is adopted, the fee schedule will need to be revised to increase the cost of the signs from the current "rental" rate. In order to recoup costs of procurement, it will be necessary to charge $50 for the small signs (2'x 4') and $90 for the larger (4'x 4') signs. Currently, we charge $25 and $35 to rent the signs. L0205-2 03.4.2.1.2 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ® Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Human Resources ❑ Planning Comm. ❑ Other ❑ Public Works Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to until _/—/— Tabled until Councilmember: Norman j Staff: Davolio meeting Date: February 5, 2007 J Item Number: VIII.A.2 AUBURN *MORE THAN YOU IMAGINED ORDINANCE NO. 6 0 7 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 1.27 OF THE AUBURN CITY CODE RELATED TO POSTING PUBLIC NOTICES WHEREAS, the City of Auburn seeks active citizen participation in city government and therefore requires the posting of notices for individual development projects; and WHEREAS, the City has determined it would be more effective to revise its posting requirements to allow; and, WHEREAS, implementation of these changes will also require an amendment to the City's adopted fee schedule. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION ONE. AMENDMENT TO CITY CODE. That Chapter 1.27 of the Auburn City Code is amended to read as follows: Chapter 1.27 POSTING PUBLIC NOTICES Sections: 1.27.010 Purpose. 1.27.020 When required. 1.27.030 Definitions. 1.27.040 Applicant/owner responsibilities. 1.27.050 S peG if i GationsReserved. 1.27.060 Fees. 1.27.070 Penalties. 1.27.010 Purpose. The purpose of this chapter is to provide an additional means of public notice, to the general public, of various city actions. The requirements contained within this chapter are in addition to the public notice requirements of ACC Titles 14, 16, 17, 18 and the state Ordinance No.6078 January 30, 2007 Page 1 of 4 requirements for annexations. The requirements of this chapter do not replace the legal notice requirements already mandated by ACC Titles 14, 16, 17, 18 and the state requirements for annexations. (Ord. 5341 § 1, 2000.) 1.27.020 When required. Whenever a public notice is required by ACC Titles 14, 16, 17 or 18, the applicant and/or owner of the subject property shall erect on the subject property a public notice mounting -board, as provided by the city, consistent with the requirements of this chapter. The Gity shall then plaGe Upon the board the speGiifiG publiG RGtiGe that involves the GubjeGt property. (Ord. 5341 § 1, 2000.) 1.27.030 Definitions. A. Type I t+ Notice Board. For projects that are on property that +s -has less than 4.0; 100 she lineal feet in area of street frontage, one Type I maw -notice board shall be erected on the subject property. The size of a Type I MOURt4lg-notice board is two feet vertical by four feet horizontal. B. Type II MGURting-Notice Board. For projects that are on property that +s -has greater than 1004-0;090 sgeare lineal feet of street frontage to one aGre in area, one Type I I m g- notice boards shall be erected on the subject property. The size of a Type 11 +ruing -notice board is four feet vertical by four feet horizontal. GType 111 Mounting Board. FOF PFGjeGtS that are on property that *6 greater th One aGFe 1R area and less than 10 aGres, one Type M mounting board shall be eFeGted OR the subjeGt Property. The size of a Type M mounting board is four feet veFtiGal by eight feet .horozonc-1' OC. The planning director may require the placement of an additional naeUntfng-notice board on each of the prejest's-subject property's streets or, for sites requiring Type II notice boards, the placement of additional boards for properties with significant street frontage. (Ord. 5811 § 1, 2003; Ord. 5341 § 1, 2000.) D. The Planning Director may require the placement of notice boards in additional and/or alternative locations than the street frontage if, in his/her opinion, public notice for the proiect if furthered. 1.27.040 Applicant/owner responsibilities. A. The applicant/owner shall obtain from the city the applicable mint+ng-notice board(s) to be erected upon the subject property. B. At the time the city issues the mournt44g-notice board it shall collect the appropriate non-refundable fees and advise the applicant/owner as to when the FROUnting-notice board(s) must be erected and state when the mounting -notice board must be removed -and returned to the Git!, C. The applicant shall erect the rneunting-notice board in accordance with the specifications of AGG 1.27,050developed by the planning director. The applicant/owner shall be responsible for maintaining the naeURting notice board such that it is readable during the period of time it is required to be in place. If the board is damaged, defaced or otherwise made illegible, the applicant/owner shall replace the board with another obtained from the city. The applicant shall pay the replacement cost of such board. (Ord. 5341 § 1, 2000.) D. The applicant may be required to provide an affidavit of posting to verify that a public notice has been posted consistent with the time standards contained with Auburn CitY Code. Ordinance No.6078 January 30, 2007 Page 2 of 4 1.27.060 Fees. Ar --A nonrefundable pest4ig-fee is required; for each notice board, to be paid at the time the Wig -notice boards are obtained from the city. Fees for each type of mounting board are set forth in Chaoter 2.78 AGG the fee schedule adopted by resolution. ri I■ 1.27.070 Penalties. If the applicant/owner fails to erect the nesting -notice board by the time the city stipulates pursuant to ACC 1.27.040(6), or fails to erect the board pursuant to the specifications of 1.2-7.0W the planning director or fails to maintain the board pursuant to ACC 1.27.040 (C), or fails to provide a timely filed affidavit of posting, then all city processing of the subject application, including any public hearings, shall cease until the board(s) complies with this chapter as determined by the planning director. (Ord. 5341 § 1, 2000.) SECTION TWO. CONSTITUTIONALITY OR INVALIDITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Ordinance No.6078 January 30, 2007 Page 3 of 4 SECTION THREE. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. SECTION FOUR. 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: PETER B. LEWIS MAYOR ATTEST: Danielle Daskam City Clerk Published: Ordinance No.6078 January 30, 2007 Page 4 of 4