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