HomeMy WebLinkAboutITEM VIII-A-2*
CItjRtJRN Y F -,
AAGENDA 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. 6184.
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.2
AUBURN *MOPE THAN YOU IMAGINED
ORDINANCE NO.6 1 8 4
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 14.02.020, 14.02.090, 14.03.030,
14.03.040, 14.03.050, 14.13.020, AND 14.20.120 OF
THE AUBURN CITY CODE 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 14.02.020 of
the Auburn City Code be and the same hereby is amended to read as follows:
14.02.020 Closed record appeal.
"Closed record appeal" means an administrative appeal to the city council
or any agency thereof, as specified in applicable codes, of a decision or
recommendation issued by the hearing examiner following an open record
hearing conducted by the hearing examiner on a project permit application. The
appeal is on the record with no or limited new evidence or information allowed to
be submitted. Argument of the appeal is allowed from the record, this may
include comments from the record or questions regarding the record. (Ord. 4835
§ 1, 1996.)
Ordinance 6184
September 30, 2008
Page 1 of 4
Section 2. Amendment to City Code. That section 14.02.090 of
the Auburn City Code be and the same hereby is amended to read as follows:
14.02.090 Quasi-judicial decision.
A "quasi-judicial decision" is one where action is taken by the hearing
examiner or city council or any agency thereof which determines the legal rights,
duties, or privileges of specific parties and which may be contested. (Ord. 4835 §
1, 1996.)
Section 3. Amendment to City Code. That section 14.03.030 of
the Auburn City Code be and the same hereby is amended to read as follows:
14.03.030 Type III decisions.
Type III decisions are quasi-judicial final decisions made by the hearing
examiner following a recommendation by staff. Type
III decisions include, but are not limited to, the following project applications:
A. Temporary use permit;
B. Substantial shoreline development permit;
C. Variance;
D. Special exceptions;
E. Special home occupation permit.
F. Preliminary Plat
G. Conditional Use Permit
H. Surface mining permit. (Ord. 4835 §
Section 4. Amendment to City Code.
1, 1996.)
That section 14.03.040 of
the Auburn City Code be and the same hereby is amended to read as follows:
14.03.040 Type IV decisions.
Type IV decisions are quasi-judicial decisions made by the city council
following a recommendation by the hearing examiner. Type IV decisions include,
but are not limited to, the following project applications:
D. Rezone (site-specific). (Ord. 4835 § 1, 1996.)
Section 5. Amendment to City Code. That section 14.03.050 of
the Auburn City Code be and the same hereby is amended to read as follows:
Ordinance 6184
September 30, 2008
Page 2 of 4
14.03.050 Type V decisions.
Type V decisions are quasi-judicial decisions made by the city council
following a recommendation by sta
Type V decisions include, but are not
limited to, the following project applications:
A.------Final plat;
. t ?RaQt;on. (Ord. 4835 § 1, 1996.)
Section 6. Amendment to City Code. That section 14.13.020 of
the Auburn City Code be and the same hereby is amended to read as follows:
14.13.020 Threshold determination appeals.
Except for the appeal of a determination of significance as provided in
RCW 43.21C.075, the city provides for no more than one consolidated open
record hearing on such appeal. Any appeal provided after the open record
hearing shall be appealed to the superior court of the county in which the
property subject of the threshold decision is located
. (Ord. 4835 § 1, 1996.)
Section 7. Amendment to City Code. That section 14.20.120 of
the Auburn City Code be and the same hereby is amended to read as follows:
14.20.120 Appeal.
Any appeal from an administrative determination of the plaRning &eGt
under ACC 14.20.070(A), 14.20.090, and 14.20.110(A) shall be filed within 14
days of the determination and shall be processed in accordance with the
procedures established for appeals of administrative decisions under ACC
18.70.050. (Ord. 5746 § 1, 2003.)
Section 8. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 9. 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
Ordinance 6184
September 30, 2008
Page 3 of 4
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 10. 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
APP
Published:
Ordinance 6184
September 30, 2008
Page 4 of 4
City Attorney