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HomeMy WebLinkAboutITEM VIII-A-1 A TY OF. UB UR1V AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Ordinance No's 6182, 6184, 6185, 6186 and 6187 Date: October 1, 2008 Department: Attachments: Budget Impact: Legal Ordinance Administrative Recommendation: City Council introduce and adopt Ordinance No. 6182. Background Summary: Following a significant review of City Ordinances and a review of the process for handling different types of matters coming before the City, the City Council has given direction to move the City Council away from quasi-judicial roles. This strategy is consistent with the approach being taken by many municipal jurisdictions across the state and is the product of court decisions, including the Supreme Court decision in Mission Springs Inc. v. City of Spokane, 134 Wn.2d 947, 954 P.2d 250 (1998) and the more recent West Mark Development Corporation v. City of Burien, 140 Wn. App. 540, 166 P.3d 813 (2007). These cases have changed the climate for municipal - quasi-judicial decisions by councils and promote the necessity for quasi-judicial matters to be handled in a regular court setting. Alternatively, the city councils are then free to focus more directly their attentions on the legislative roles and more free, as well, to speak to their constituents about concerns that might otherwise be unable to be expressed or communicated if a pending or potentially pending quasi-judicial is before the City Council. Along with the changes that the proposed ordinances would make to the City Code, the City is also engaged in a process of significant review of those portions of the code dealing with land use and development issues so that the City Council can be comfortable that the code requirements reflect those aspects intended by the City Council and by the City Code. At the same time, citizens wishing to pursue appeals will have an identified route for those decisions to be made in a consistent judicial process. 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 ? Planning Comm. ? Other ? Public Works ? Human Resources Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until Tabled Until Councilmember: Backus Staff: Heid Meeting Date: October 6, 2008 Item Number: VIII.A.1 AUBURN * MORE THAN YOU IMAGINED ORDINANCE NO. 6 1 8 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 10.02.120, 12.64A.060, 13.41.070, 15.68.150, 19.04.080, RELATING TO APPEALS WHEREAS, the current provisions of the Auburn City Code provide various instances where appeals of decisions are heard by the Auburn City Council; and WHEREAS, in order to allow the City Council greater flexibility in addressing its legislative roles, and having more uninhibited contact with citizens and constituents, there is an advantage to having appeals heard by the hearing examiner and superior court, rather than the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 10.02.120 of the Auburn City Code be and the same hereby is amended to read as follows: Commute Trip Reduction 10.02.120 Appeals A. Employers may file a written appeal of final administrative decisions regarding the following actions: 1. Rejection of an employer's proposed CTR program. 2. Denial of an employer's request for a waiver or modification of any of the requirements under this chapter or a modification of the employer's CTR program. 3. Denial of credits requested under ACC 10.02.110. B. All appeals-Appeals of the public works director's determinations made pursuant to this chapter must be filed with the city's public works department within 20 days after the final administrative decision is issued. Appeals shall be heard by the city's hearing examiner puFsuaRt in accordance with Chapter 18.66 ACC. Determinations on appeals shall be based on whether the decision Ordinance 6182 September 30, 2008 Page 1 of 8 being appealed was consistent with applicable state law and the Guidelines of the State Task Force. The hearing examiner's determination shall be final unless appealed to the Superior Court of the county in which the Employer's primary offices/facilities are located within the City of Auburn in accordance with the procedures in RCW Chapter 34.05.510 through 34.05.598, and with the appeal being filed with the city clerk within 30 days after issuance of the decision of the hearing examiner. (Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.) Section 2. Amendment to City Code. That section 12.64A.060 of the Auburn City Code be and the same hereby is amended to read as follows: Required Public Improvements 12.64A.060 Appeal and enforcement. A. The of determinations by the city en iq neer made pursuant to this chapter shall be as set ferth in the Auburn design sstandar with the city's public works director within 20 working days after the final city engineer decision is issued. The public works director shall have 15 working days to review the appeal decide whether to uphold of modify the city engineer's decision, and notify the applicant of such decision. B. Appeals of decisions of the public works director made pursuant to this chapter shall be filed with the public works department within 20 working days after the date the notice of the public works director's decision. Appeals shall be heard by the city's hearing examiner pursuant to Chapter 18.66 ACC. Decisions of the hearing examiner shall be based on whether the decision being appealed was consistent with applicable state law and city codes. The hearing examiner's determination shall be final unless appealed as provided herein. C. Appeals of decisions of the hearing examiner under this chapter shall be final unless appealed to the Superior Court of the county in which the proposed public improvements are located within the City of Auburn, which appeals shall be in accordance with the procedures in RCW Chapter 34.05.510 through 34.05.598; provided that the notice of appeal of the hearing examiner's decision shall be filed with the city clerk within 30 days after issuance of the decision of the hearing examiner. D. When appealing a determination under this chapter, at any stage of appeal, the applicant/appellant must indicate if the appeal pertains to: Al. The determination of the required improvements in the public right- of-way; 92. The determination to require or deny a deferral of said improvements; and/or Ordinance 6182 September 30, 2008 Page 2 of 8 G3. The determination to require the payment of a fee in lieu for a deferral instead of an executed and recorded agreement. E. The associated building, grading or special permit shall not be issued until all appeals are concluded. (Ord. 6083 § 2, 2007.) Section 3. Amendment to City Code. That section 13.41.070 of the Auburn City Code be and the same hereby is amended to read as follows: Utility System Development Charges 13.41.070 Appeals. Appeals of the public works director's determinations made pursuant to this chapter shall be filed with the public works department and shall be heard by the city's hearing examiner pursuant to Chapter 18.66 ACC. Any peFsoR who *6 a written request deSGF&b*ng that peFfion E)f the deG*S*OR of the Gity engiReeF from WhiGh the peF6GR appeals. The written appeal shall be filed within 30 days IFem GenGUFG with the the appeal shall be foFwaFded to the Gity GGunGil WhiGh the peFseR appeals. The WF*tteR appeal shall be filed within 30 days from the date of the issuanGe of the written deGiGion by the publiG waFks diFeGtGF. The deGisien and the developer's Fea6eR6 for appealing the deGiGien and shall make determination on the appeal and May affirm, modify eF rejeGt the- Determinations on appeals shall be based on whether the decision being appealed was consistent with applicable state law and city codes. The hearing examiner's determination shall be final unless appealed to the Superior Court of the county in which the property subject of the Utility System Development charges is located within the City of Auburn in accordance with the procedures in RCW Chapter 34.05.510 through 34.05.598, and with the appeal being filed with the city clerk within 30 Ordinance 6182 September 30, 2008 Page 3 of 8 days after issuance of the decision of the hearing examiner. (Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 7, 1980.) Section 4. Amendment to City Code. That section 15.68.150 of the Auburn City Code be and the same hereby is amended to read as follows: Flood Hazard Areas 15.68.150 Duties and responsibilities of the city of Aubum engineer+r4g dom. Duties of the city engineering d+visio regarding flood hazard areas shall include, but not be limited to: A. Permit Review. 1. Review all development permits to determine that the permit requirements of this chapter have been satisfied; 2. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required; 3. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of ACC 15.68.180 (A) are met. B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with ACC 15.68.080, the city engineering division shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to administer ACC 15.68.170(A) and (B), and 15.68.180. C. Information to be Obtained and Maintained. 1. Where base flood elevation data is provided through the Flood Insurance Study or required as in ACC 15.68.150(B), obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved floodproofed structures: a. Verify and record the actual elevation (in relation to mean sea level), and b. Maintain the floodproofing certifications required in ACC 15.68.130(A)(3); 3. Maintain for public inspection all records pertaining to the provisions of this chapter. D. Alteration of Watercourses. Ordinance 6182 September 30, 2008 Page 4 of 8 1. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. E. Interpretation of FIRM Boundaries. Make interpretations where needed as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. F. Appeals of determinations made pursuant to this chapter shall be filed with the city's public works director within 20 working days after the final city engineer decision is issued. The public works director shall have 15 working days to review the appeal determine whether to uphold of modify the city engineer's decision and notify the applicant of such determination. The decision of the public works director shall be final. The city engineer's and director's decision SuG4-appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76). (Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.3), 1989.) Section 5. Amendment to City Code. That section 19.04.080 of the Auburn City Code be and the same hereby is amended to read as follows: Transportation Impact Fees 19.04.080 Appeals. A. Any feepayer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. Appeals regarding the impact fees imposed on any development activity may only be made by the feepayer of the property where such development activity will occur. No appeal submitted under protest shall be permitted unless and until the impact fees at issue have been paid. Alternatively, any feepayer may appeal the impact fees determined by the director without first paying the fees, providing the applicant is willing to provide a satisfactory security of the appealed fee amount in accordance with the requirements of ACC 17.08.010(A) prior to issuance of the building permit. Alternatively, any feepayer may appeal the impact fees determined by the public works director without first paying the fees providing the applicant is willing to postpone issuance of the building permit until after the appeal process when the revised final fee is known. Ordinance 6182 September 30, 2008 Page 5 of 8 GhapteF, Gan be appealed to the hearing GAppeals °hall be taken within IQ days of the dir°ntnr'c issuann° of a The dbFeGtOF shall transmit to the GAGe of the h ?niner all papers independent f°° n°IGUlation appeal, D. The hearing examiner shall fix a time foF the hewing of the give RGti% to the parties in interest, aRd deGide the same as provided in Chapte }18.66 , attGrney, c The hewing examnier-+s-aetherized- to make-f+ndinp of faczt , The hpainn_?mm?inT°c Tr-r:n y, scr-long -asp--SUGh artien 1E; in GonfermanGe with the prWsiens of this rhapteF, Feverse eF affirm, in whole OF in part, 9F may modify the detem;iRatiens of the d;FeGtOF with FeE;peGt to the an;eun order, proper to do so based on prindples of fairness, aRd Fnay make 6UGh shall have the powers whiGh have been gFanted to the d*reGtOF by this Ghapte4:7 6B. Appeals of the public works director's determinations made pursuant to this chapter shall be filed with the city's public works department and shall be heard by the city's hearing examiner pursuant to Chapter 18.66 ACC. Determinations on appeals shall be based on whether the decision being appealed was consistent with applicable state law and city codes. The hearing examiner's determination shall be final unless appealed °n?°"°r ?? to the Superior Court of the county in which the property subject of the Transportation Impact Fees is located within the City of Auburn in accordance with the procedures in RCW Chapter 34.05.510 through 34.05.598, and with the appeal being filed with the city clerk within 30 days after issuance of the decision of the hearing examiner. (Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.) Ordinance 6182 September 30, 2008 Page 6 of 8 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. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Ordinance 6182 September 30, 2008 Page 7 of 8 Published: Ordinance 6182 September 30, 2008 Page 8 of 8