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HomeMy WebLinkAboutITEM VIII-A-3N TYOF UBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6198 Date: September 9, 2008 Department: Planning, Attachments: Ordinance No. 6198 Budget Impact: N/A Building, and Community Administrative Recommendation: City Council introduce and adopt Ordinance No. 6198. Background Summary: The current provisions of the Auburn City Code (ACC) indicate that the Planning Commission shall be involved in the ordinances of certain titles, without regard to whether the ordinances are substantive, zoning, maps or administrative or procedural. In order to distinguish the administrative and procedural amendments from those that are directly related to the land use regulatory responsibilities of the City, it is appropriate to provide the responsibilities as distinguished between those functions, providing, as well, that public hearings and planning commission involvement are not required for amendments of the code that are purely administrative or procedural. The proposed ordinance amends ACC Sections 17.24.010 and 17.24.040 of the subdivision code and Sections 18.68.020, 18.68.030, and 18.68.040 of the zoning code. The Planning Commission held a public hearing on the proposed ordinance on September 3, 2008. There was no public testimony on the proposal. The Planning Commission discussed the proposal at length with a recommendation of approval to the City Council. The Planning Commission would like language included that clarified procedural/administrative changes versus substantive. Staff has included some proposed language into the ordinance. The Planning and Community Development Committee reviewed and recommended approval of Ordinance No. 6198 at their September 8, 2008 meeting. L0915-2 A3.8.14 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 E Planning & CD ? Fire E Planning ? Park Board E Public Works E Legal ? Police E Planning Comm. ? Other ? Public Works ? Human Resources ? Information Services Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Baker Meeting Date: September 15, 2008 Item Number: VIII.A.3 AUBURN * MORE THAN YOU IMAGINED Agenda Subject: Ordinance No. 6198 Date: September 9, 2008 Findings 1. The Planning Commission is established through Auburn City Code Chapter 2.45 and duties and responsibilities are set forth in Chapter 35A.63 RCW as amended. 2. Chapter 35A.63 RCW as amended states the Planning Commission is responsible for reviewing and making a recommendation to the legislative body, the City Council, on comprehensive plan amendments. 3. Environmental review is not required on the proposed code amendment as the changes address process and procedures. 4. The public hearing notice was published on August 20, 2008 in the Seattle Times and a public notice sign posted at the property at least 10-days prior to the Planning Commission public hearing scheduled for September 3, 2008. 5. The proposed code amendment amends sections within the subdivision code and zoning code refining the Planning Commission's role in the reviewing and providing recommendations on text amendments to certain titles of the Auburn City Code. 6. A public hearing was held by the Planning Commission on September 3, 2008 with a recommendation made to the City Council. Staff Recommendation Approval Planning Commission Recommendation Approval with addition of language clarifying administrative versus substantive. Page 2 of 2 ORDINANCE NO. 6 1 9 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 17.24.010, 17.24.040, 18.68.020, 18.68.030 AND 18.68.040 OF THE AUBURN CITY CODE RELATING TO THE ROLE OF THE PLANNING COMMISSION IN CODE AMENDMENTS WHEREAS, the current provisions of the Auburn City Code indicate that the planning commission shall be involved in the ordinances of certain titles, without regard to whether the ordinances are substantive, zoning, maps or administrative or procedural; and WHEREAS, in order to distinguish the administrative and procedural amendments from those that are directly related to the land use regulatory responsibilities of the City, it is appropriate to provide the responsibilities as distinguished between those functions, providing, as well, that public hearings and planning commission involvement are not required for amendments of the code that are purely administrative or procedural. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 17.24.010, of the Auburn City Code be and the same hereby is amended to read as follows: 17.24.010 Public hearing and notice. A. With the exception of purely administrative or procedural amendments, Tthe 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: Ordinance No. 6198 September 4, 2008 Page 1 of 6 Al. By sending to any individual or organization which has submitted a request for notification 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 can be obtained; and $2. 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. GB. 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: 1. 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. 2. 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. 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. 6006 § 5, 2006; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.) Section 2. Amendment to City Code. That section 17.24.040 of the Auburn City Code be and the same hereby is amended to read as follows: 17.24.040 Initiation of amendments. A. The city council, or planning and community development committee of the city council, 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, B. 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; Ordinance No. 6198 September 4, 2008 Page 2 of 6 C. Any resident or property owner of the city may petition the city to request an amendment to the text of this title. (Ord. 4840 § 1, 1996.) Section 3. 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, or planning and community development committee of the city council, upon its own motion 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, or planning and community development committee of the city council, 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 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. 4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.) ----- --- - ---- --- ----- Ordinance No. 6198 September 4, 2008 Page 3 of 6 Section 4. Amendment to City Code. That section 18.68.030 of the Auburn City Code be and the same hereby is amended to read as follows: 18.68.030 Public hearing process. A. Text Amendments. With the exception of purely administrative or procedural amendments, Tthe planning commission shall conduct' at least one public hearing on all amendments to this title. The planning commission shall make a recommendation to the city council who may or may not conduct a public hearing. B. Zoning Map Amendments. 1. Rezones Initiated by an Applicant Other Than City. All applications for a rezone shall be reviewed by the planning director prior to the scheduling of a public hearing. After review of the application the director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the comprehensive plan then the hearing examiner shall conduct a public hearing on the rezone and make a recommendation to the city council pursuant to ACC 18.66.170; b. If the rezone is in conflict with the comprehensive plan, or there are no policies that relate to the rezone, or the policies are not complete, then a comprehensive plan amendment must be approved by the city council prior to the rezone being scheduled for a public hearing in front of the hearing examiner. The planning commission shall conduct a public hearing on the comprehensive plan amendment and make a recommendation to the city council. 2. Areawide Zoning and Rezoning, Initiated by the City. The planning commission shall conduct a public hearing and make a recommendation to the city council. If applicable, a comprehensive plan amendment may also be processed. C. City Council Decision. The city council may affirm, modify or disaffirm any recommendation of the planning commission or hearing examiner with regard to amendments of the text or map of this title. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) Section 5. Amendment to City Code. That section 18.68.040 of the Auburn City Code be and the same hereby is amended to read as follows: 18.68.040 Public hearing notice requirements. A. Text Amendments. 1. Planning Commission. For text amendments that require a public hearing under ACC 18.68.030(A), A]notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing and by posting the notice in three general public locations. Ordinance No. 6198 September 4, 2008 Page 4 of 6 2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing and by posting the notice in three general public locations. B. Zoning Map Amendments. 1. Rezones Initiated by an Applicant Other Than City. a. Hearing Examiner. Notice of a public hearing shall be given at least 10 days prior to the public hearing and in accordance with ACC 14.07.040. b. City Council. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing and by posting the notice in accordance with ACC 14.07.040(B). 2. Rezones, Including Areawide Zoning, Initiated by the City. a. Planning Commission. As a minimum, notice of public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing. Additional mailing or posting of notices may, at the option of the planning commission, be required. b. City Council. As a minimum, notice of public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing. Additional mailing or posting of the notices may, at the option of the city council, be required. (Ord. 5811 § 8, 2003; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) Section 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. 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 8. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. Ordinance No. 6198 September 4, 2008 Page 5 of 6 DATED and SIGNED this day of , 2008. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Aie B. Hei , City Attorney Published: ----- - ---- --- Ordinance No. 6198 September 4, 2008 Page 6 of 6