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ORDINANCE NO. 6006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
17.04.200 AND 17.24.010, AND CHAPTERS 17.14 AND
17.16 OF THE AUBURN CITY CODE AND CREATING A
NEW SECTION 17.04.235 OF THE AUBURN CITY CODE,
RELATING TO SUBMITTAL REQUIREMENTS FOR
SHORT SUBDIVISIONS AND LOT LINE ADJUSTMENTS
WHEREAS, Title 17 of the Auburn City Code, known as the Land Division
Ordinance, was initially adopted in July 1988 and contains submittal requirements for
subdivision applications; and
WHEREAS, Chapters 17.14 and 17.16 address the submittal and review of short
subdivisions and lot line adjustments, respectively, and have remained the same since
originally adopted; and
WHEREAS, current submittal requirements in the City of Auburn are unique and
at variance with standard practices in both King and Pierce counties; and
WHEREAS, numerous surveying firms that do business within the city limits of
Auburn have spoken favorably of making changes to Auburn's submittal requirements;
and
WHEREAS, the City of Auburn Planning Commission conducted a duly
advertised public hearing on the proposed amendments on February 7, 2006 and
subsequently voted unanimously to recommend approval of said amendments to the
City Council.
Ordinance No. 6006
March 29,2006
Page1of17
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
1. AMENDMENT TO CITY CODE. That Section 17.04.200 of the Auburn
City Code (Definitions) is hereby amended to read as follows:
17.04.200 Lot.
"Lot" means an area of land under single or common ownership, defiHeG--by-fi*8d
aRd--Gef~-A~te--bet!fldafie&,which has been created by any of the various land division
methods for the purpose of lease, sale or transfer of ownership, and/or the purpose of
s~e taxation defined by fixed and definite boundaries, and having sufficient area
and dimension to accommodate development allowed by the zone in which it is located.
The term shall not include those tracts or parcels which are not buildable, but are
created for common or public use such as road and utilitv tracts. The term shall include
tracts or parcels; but shall exclude those tracts or parcels set aside for dedication to the
Gity~-aftEIf0f--aRy--etRer-tf-aBt-&--0f---I3afBejs---GFeated....sejely--f-ef-the---1l-se-0f--efeGtFiG---ftewer,
telepheHe-,---watef-SUPfJI-y,sewef---Service, storm Gr~e---ef-Gther utilIty-faGi1jties-ef-~
Osimil3r or related nature. This exclusion does not exempt the platting process
necessary to create the lot, tract or parcel. (Ord. 4296 S 2, 1988.)
2. NEW SECTION TO CITY CODE. That a new Section 17.04.235 of the
Auburn City Code (Definitions) is hereby created to read as follows:
17.04.235 "Original Tract"
"Original tract" means a unit of unplatted land held under single or unified
ownership, the configuration of which may be determined by the fact that all land
abutting said tract is separately owned by others, not including an applicant or
applicants; provided, that where a husband and wife own contiguous lots in separate or
community ownership, said contiguous lots shall constitute the original tract.
3. AMENDMENT TO CITY CODE. That Chapter 17.14 of the Auburn City
Code (Short Subdivisions) is hereby amended to read as follows:
Chapter 17.14
SHORT SUBDIVISIONS
Sections:
17.14.010
17.14.020
17.14.030
17.14.035
17.14.040
17.14.050
General provisions.
Preapplication conference.
Appl ication.
Survey.
Accompanying documents.
Administrative review.
Ordinance No. 6006
March 29, 2006
Page 2 of 17
17.14.055 Improvement requirements.
17.14.060 Planning director's decision.
17.14.070 Distribution and filing.
17.14.080 Conditional approval requirements.
17.14.090 Release of improvement guarantee.
-t7-44:-l00--lmprevemeffi-fe.quif€fF\8-At-&
17.14.110 Unbuildable lots.
17.14.010 General provisions.
Every short subdivision shall comply with the provisions of this Chapter. Land
shall be divided by the short subdivision method according to the provisions of this title,
if the two three following criteria are met:
A. The division will not result in the creation of more than four lots,tracts-Gr
paFGels;
B The letoriQinal tract being divided haGhas not been created by a short
subdivision within the previous five yearsi except that when the short plat contains fewer
than four parcels-tJ::!8-0WAer-wJ:1G, a revised short plat may be filed the-s.flert.plat-may-fU8
a-t-evised--s-hert....plat-within the five-year period to create up to a total of four lots within
the original short plat boundaries.
C. The entire oriQinal tract (except adiacent platted or short platted land) shall
be included within one short plat application; provided, that a pre-existing, unplatted
adjacent parcel may also be excluded if it is twenty (20) acres or greater in size. (Ord.
5164 S 1, 1998; Ord. 4840 S 1, 1996; Ord. 4296 S 2, 1988.)
17.14.020 Preapplication conference.
Persons considering making application to short subdivide land lying 'Nithin the city are
encouraged to request tRat-a preapplication conference be hold with appropriate city
staff.,. Such request shall be directed to the planning director, and upon its receipt the
diroctor Sh311 schodule 3 conferenco bohveen tho prospoctivo applicant and appropriate
city staff. Preapplication conferences may be requested by filinQ necessary materials
as required by the Planninq Director. The purpose of a preapplication conference is for
the a prospective applicant and city staff to gain a common understanding of the nature
of the a contemplated short subdivision and subsequent developme-Rt,-and any
proceduros, rulos, standards and policies which may appty. The prospective applicant is
encouraged to bring to the conference whatever information doomed appropriate to help
describe the existing nature of the site and its surroundings and the proposed nature of
tho contempl3ted short subdivision and subsoquent dovelopment. Such information
may include photogr3phs, skotches, 3nd maps. The diroctor or tho prospoctive
applicant may requost th3t an additional conforence or conferences be held to further
the purpose of this section. (Ord. 5164 S 1, 1998; Ord. 4840 S 1, 1996; Ord. 4296 S 2,
1988. )
17.14.030 Application.
Ordinance No. 6006
March 29, 2006
Page 3 of 17
In addition to the requirements for a completed submittinQ application~ as set
forth in ACC =HtI-e-14.05.020, aFt-10 copies of an application for short subdivision
approval shall be submitted to the department of planning, buildinq and community
development in a format prescribed by the director on forms to be provided by the
dopartment, and shall meet the provide tho following informationfollowinQ standards:
A. The n3me, address and telephono number of tho applic3ntDrawn to a
scale not smaller than 1" = 1 00' or other approved scale on a sheet size of 18" x 24";
B. A certification by the applicant showing the entire contiguous land in which
there is any interest by rc3son of ownership, contract for purchase, e3rnest money
3greemont or option by 3ny person, firm or corpor3tion in any m3nner connectod with
the development, 3nd the n3mes and addresses and telephone numbors of all such
persons, firms or corporationsThe plat shall show the boundary and dimensions of the
oriQinal tract includinQ its Assessor's parcel number, section, township and range and all
adioininQ public or private roads and identifying riQht-of-way names and widths. The
boundary line of each lot to be created shall also be shown;
C. The existing zoning c1assificationA vicinity map drawn to of sufficient detail
to orient the location of the original tract;
D. Tho squ3ro foot3go comput3tion of e3ch lot or parcel sufficiently 3ccur3te
to shmv that such lot or p3rcol contains 3t least sufficient footage to meet minimum
zoning and health requirements. The square footage of land contained in 3ccess
easements or access panhandles sh311 not be included in the lot size
computations Name and address of the owner of record of the oriQinal tract, scale of the
drawinq and north directional arrow;
E. The source of water supply for each lot, including proposed well locations
and easements, if anyThe owners in fee simple shall sign a statement indicating the plat
is made with their free consent and in accordance with their desires as property owners;
F. Tho method of sO'Nage disposal and, if septic tanks arc to bo used,
preliminary percolation test must be submitted. The percolation tests must be conducted
in accordance with county health department regulations. /\ separate percolation test
must be performed on e3ch lot of the proposod short subdivision 3nd submitted to the
department of public 'Norks for approval. The city engineer may require th3t such tests
be made under high ground water ('",inter) conditions. In lieu of requiring that
ft8rcolation test results be submitted at the time of application, the planning director may
3pprove a short pl3t, subject to 3 condition th3t the roquired test results bo submitted
3nd approved by the city engineer before tho pl3t can be recorded. If septic tanks and
drainfields are used for a se'l.'age disposal system then the subdivider shall be required
to sign a nonremonstr3nce agreement if 3 future local improvoment district is formod
providing for public sanit3ry se'Nors to serve tho short pl3tLots shall be identified by
numerical desiQnation. The square footaqe computation of each lot or parcel sufficiently
accurate to show that such lot or parcel contains at least sufficient footaQe to meet
minimum zoninQ and health requirements. The square footaQe of land contained in
access easements or access panhandles shall not be included in the lot size
computations;
Ordinance No. 6006
March 29, 2006
Page 4 of 17
G. A short pl3t prepared on the forms supplied 'Nith the application anti
containing tho following information:
1. A legal description of the short subdivision 3nd of all the lots, tr3cts or
parcels therein, together with the legal description of private roads and easements
therein;
2. The d3te, sC31e and north arro'....;
3. The boundary lines to scale of the tr3ct to be subdivided and of each lot
contained therein. ^1I boundary lines to be properly dimensioned;
1. The number 3ssigned to each lot;
5. The loc3tion 3nd widths of any 03sements for public services and utilities
within the are3 contained within the short subdivision;
6. The boundaries of all lands reserved in the deed for common use of the
property owners of the short subdivision;
7. The map and leg31 descriptions included in tho applic3tion for a short
subdivision shall be prep3red 3nd certified by 3 registered land surveyor The leqal
description of the oriqinal tract;
H. Any additional pertinent information required by the planning directorThe
location and widths of all easements, public services and utilities within the boundary of
the proposed short subdivision as defined in the current title report;
I. The boundaries of all lands reserved in the deed for common use of the
property owners of the short subdivision;
J. The map and leQal descriptions included in the application for a short
subdivision shall be prepared and certified by a licensed land surveyor in a format
acceptable to the City of Auburn and the Survey RecordinQ Act.& 1, 1998; Declaration
blocks shall be provided for the oriQinal tract owner, surveyor, approvinq Qovernmental
aQencies, and recordinq certification, in a manner as prescribed by the director. (Ord.
5164 S 1, 1998; Ord. 5170 S 1, 1998; Ord. 4840 S 1, 1996; Ord. 4296 S 2, 1988.)
17.14.035 Survey
A. Recordable surveys shall be required for all short subdivisions. All
surveys shall be accomplished as required by WAC 332-130 and RCW 58.09.
B. A licensed professional land surveyor shall complete all lot stakinQ prior
to the recordinQ of the short subdivision.
C. All lot corners, includinq interior lot corners, shall be marked with a
permanent marker that bears the land surveyor's reQistration number. When the
boundary lines follow a meanderinq line, the "corners" shall be set as directed by the
City of Auburn.
D. When the legal description of the short subdivision utilizes partial or
complete section subdivisional breakdown to establish the boundaries, section
subdivision survey information shall be shown in accordance with the requirements of
WAC 332-130-030.
E. All reference monuments used in the establishment of the short
subdivision corners shall be identified, described and noted as set or found. When
Ordinance No. 6006
March 29, 2006
Page 5 of 17
17.14.040 Accompanying documents.
An application for short subdivision approval shall be accompanied by the
following:
A. Proof of the date of last ~segregation of the parcel of land to be short
subdivided, if deemed necessary by the planninQ director;
B. A title report, with liabilitv for errors not to exceed the assessed value of
the lots on the date of application. The title report shall be issued no more than 30-days
prior to the application date.
C. A completed environmental checklist form, bkmk copies of which are
available from the department, if the responsible official deems it necessary; if the
proposed short subdivision is not cateQorically exempt from threshold determination
requirements per WAC 197-11-800 (6).
D. Copy of restrictions, if any, to be imposed upon the use of the land. Such
restrictions must be recorded simultaneously with the short subdivision;
E. In any short subdivision where lots are served or to be served by a private
road, the subdivider shall furnish a copy of such further covenants or documents that
will result in:
1. Each lot owner having access thereto and having responsibility for
maintenance of any private road contained within the short subdivision in such a
condition as to allow free access for emergency vehicles;
2. Allowing access for emergency vehicles;Such covenants or documents
shall obligate any seller to give actual notice to any prospective purchaser of the
method of maintenance of the private road, which notice shall be caused to be included
in any deeds or contracts relating to such sale and such covenants or documents shall
be recorded simultaneously with the short subdivision;
Ordinance No. 6006
March 29, 2006
Page 6 of 17
E. A current (within 30 days) title company certification of:
-h-----+h~tion ofthe total parcel sought t(}b-e-sOOft~
2. Those individuals or corporations holding an ownership interest in said
parcel;
3:-.-.--.... Anyeasements....orrestrfctioHsaffecti.ng--the.pr-eperty..to-be-sA-Grt..subdWid.ed
with a description of purpose and referenced by auditor's file number and/or recording
number. (Ord. 5164 S 1,1998; Ord. 4840 S 1, 1996; Ord. 4296 S 2,1988.)
17.14.050 Administrative review.
LAn application for short plat approval shall be approved, approved with
conditions, returned to the applicant for modifications~ or denied within 30 days of its
receipt of a beinQ determined to be a complete application_ by the department unless
the applicant agrees, in writing, to an extension of this time period. The department shall
not be considered to be in receipt of a complete application for short plat approval
unless and until such time as the application meets the requirements of ACC 17.14.030
and 17.14.040, as determined by the director and a determination of complete
application has been issued pursuant to ACC 14.06.7 This time period may be extended
if an environmental checklist is required by Chapter 16.06 ACC and such extension
does not conflict with applicable requirements contained in ACC Title 14.
B. Upon receiving a complete application for short subdivision approval, the
director shall transmit a copy of the short plat, together with copies of any
accompanying documents as the director deems appropriate, to the following:
1. City engineer, who shall review the proposed short subdivision with regard
to its conformance to the general purposes of adopted traffic and utility plans; adequate
provisions for storm drainage, streets, alleys, other public ways, water and sanitary
sewer; and conformance to any applicable improvement standards and specifications
and compliance with RCW 58_09 and WAC 332-130;
2. City fire marshal, who shall review the proposed short subdivision with
regard to adequate provisions for emergency access;
3. Any other city department, utility provider, school district or other public or
private entity as the director deems appropriate.
C. In transmitting the proposed short plat to the parties referenced above, the
director shall solicit their comments and recommendations, and note the date by which
comments and recommendations must be received by the department in order to be
considered. Any comments received by that date shall be incorporated into the formal
findings '.vhichwill form the basis of the director's decision on the short subdivision. #--00
comments are received from any of the parties referenced above, the planning director
shall make such findings as the director deems just. However, in every case a proposed
short plat shall contain a statement of approval from the city engineer, as to the survey
data, the layout of streets, alleys and other rights-of-way, design of bridges, sewer and
water systems and other structures. The planning director shall not approve a short plat
which that does not contain such a statement signed by the city engineer.
Ordinance No. 6006
March 29, 2006
Page 7 of 17
GD. The planning director shall review the proposed short subdivision and
determine its conformance to the general purposes of this title, its conformance to the
Auburn comprehensive land use plan, aRd-its conformance to ACC Title 18, and any
other applicable land use controls. These determinations shall be incorporated into the
f-ormal findings ''vhich that will form the basis of the director's decision on tho short
subdivision. (Ord. 5164 S 1, 1998; Ord. 4840 S 1, 1996; Ord. 4772 S 1,1995; Ord. 4296
S 2, 1988.)
17.14.055 Improvement requirements.
A. Lot Area and Dimensions. Each lot created by short subdivision shall
contain sufficient square footaQe and lot dimensions to meet the requirements of ACC
Title 18. Each lot to be served by an on-site sewaQe disposal system shall be a
minimum of 15,000 square feet in area and shall also meet the minimum lot area
requirements of the county department of health rules and requlations, as determined
by the city enQineer. Land contained in access easements, tracts or panhandles shall
not be included in lot area or lot dimension calculations for the purposes of this section.
B. Every lot within a short plat shall be capable of beinQ reasonably served
by public or private sewaqe disposal. water, storm drainaQe facilities and streets. The
city will not approve a short plat for which a buildinq permit cannot be issued because of
insufficient infrastructure.
C. Conformance with Adopted Plans. Street, water, sewer and storm
drainaQe facilities adiacent to or within the short subdivision shall be in conformance
with adopted city ordinances, standards and policies. Easements for utilities
recommended by such plans shall be provided to the city, with the exact location of
such easements to be determined by the city enqineer.
D. Floods, Flood Control and Storm Drainaqe.
1. Where any portion of the proposed short subdivision lies within the 100
year flood hazard area or the requlatory f1oodway, the director shall impose a condition
on the short plat requirinQ the subdivider to conform to the Federal EmerQency
ManaQement AQency (FEMA) flood hazard requirements.
2. A conceptual storm drainaqe/site qradinq plan mav:shall be required to be
submitted, as part of the short plat application, unless waived by the city enqineer.
E. Adiacent Streets. When any public street lyinQ adjacent to the property
beinQ short subdivided has insufficient width or for any other reason does not conform
to minimum street standards, as described in ACC 17.12.090 throuqh 17.12.150,
sufficient additional riqht-of-way shall be dedicated to the city and appropriate
improvements shall be made by the subdivider to conform the abuttinQ half of the street
to such standards. Such improvements may be delayed if quaranteed to the satisfaction
of the city engineer. Any such quarantee shall be recorded with the plat and shall be
bindinQ upon the property owner and the owner's heirs, successors and assiQns. In
decidinQ whether a delay should be allowed, the city enQineer shall consider the present
and future need for such improvement, the improved or unimproved nature of adiacent
riqht-of-way, and whether or not street qrades have been established.
Ordinance No. 6006
March 29, 2006
Page 8 of 17
F. Access.
1. All short subdivisions shall border on an opened. constructed and
maintained public street. All lots within a short subdivision shall either border on an
opened. constructed and maintained public street or shall be served by a private street,
access easement. tract or panhandle havinQ direct access to such a public street.
Where private streets and access easements are provided. they shall be improved or
guaranteed to the city of Auburn and be in conformance with the city of Auburn desiqn
and construction standards.
2. All private streets. access easements and panhandles shall be capable of
meetinq the fire access requirements of Chapter 15.36 ACC and the development
standards of Chapter 18.48 ACC. in addition to any other requirements of this title,
includinQ, but not limited to. all-weather surface material as provided by city enQineer,
where not otherwise required to be paved. and minimum turnaround requirements on
dead-end streets or access easements as specified by the fire department.
G. Dedication of Streets.
1. Dedication of a public street or streets may be required. whenever the
planninq director finds that one or more of the followinQ conditions applies:
a. The qeneral aliqnment of a proposed private street. access easement or
panhandle follows the qeneral aliQnment of a future arterial as shown in the
comprehensive plan; or
b. The Qeneral aliQnment of a proposed private street. access easement or
panhandle can be reasonably modified to provide a desirable throuqh connection
between two or more existinq or planned public streets or arterials: or
c. A public street would be necessary to provide adequate access to
adiacent property not subiect to the proposed short subdivision.
2. Whenever the director makes such a findinQ the short plat shall be
returned to the applicant and a public hearinq scheduled on the proposed street
dedication. The hearinQ examiner shall conduct the hearinQ pursuant to ACC 18.66.150
and make a recommendation to the city council pursuant to ACC 18.66.170.
Subsequent to the council's decision. the applicant shall prepare a statutory warranty
deed. dedicatinq the street. and toqether with the deed return the short plat to the
director for final action.
H. Fire Hydrants. All lots within a short plat shall be capable of beinQ served
by a fire hydrant as required by Chapter 13.16 ACC. Property zoned RR, rural
residential. may be exempt: provided the requirements of ACC 13.16.030 are met.
17.14.060 Planning director's decision.
A. The planning director shall, within the time period described by ACC
17.14.050(A), take one of the following actions:
1. Approve the short subdivision with or without conditions;
2. Return the short plat to the applicant for correction or modification or for
the construction of improvements as requested by the city engineer or fire marshal; or
3. Disapprove the short subdivision.
Ordinance No. 6006
March 29, 2006
Page 9 of 17
B. The director may require, as a condition of plat approval, that any required
improvements be guaranteed by one of the methods described by ACC 17.08.010, prior
to short plat approval or issuance of buildinq permits for any lot within the short plat.-;-
C. Upon reaching a decision, the director shall so notify the applicant.
Notific::1tion sh::111 include ::1 recit::1tion of the findings and conclusions upon 'lIhich the
decision is based, ::1nd ::1ny conditions of ::1pprov::11 and Ssuch notification shall comply
with any applicable requirements contained in ACC Title 14 and contain any conditions
of approval.
D. The applicant shall submit a mylar drawinQ of the short plat for siQnature,
toqether with an updated title report. The final mylar drawinQ shall be presented for
recordinq and shall contain all survey information required for a Record of Survey under
Chapter 58.09 RCW and WAC 332-130.
E. Any person aggrieved by the decision of the planning director may appeal,
within 14 days of mailing the decision, the decision to the hearing examiner in
accordance with procedures prescribed in ACC 18.70.050(B) through (E). The city shall
extend the appeal period for an additional seven days for short plats that are
accompanied by a final mitigated determination of nonsignificance or final EIS. After
public hearing thereon, the hearing examiner may approve, disapprove or return the
short plat to the applicant for modification, correction, construction of improvements, or
meeting conditions of approval. The hearing examiner's decision shall be final unless
appealed to the city council as prescribed in ACC 18.66.160. (Ord. 5164 S 1, 1998; Ord.
4840 S 1, 1996; Ord. 4296 S 2,1988.)
17.14.070 Distribution and filing.
The planning director shall either forward the mylar original of the approved short
plat to the county ::1uditorappropriate county office for recording, or shall return the
original mylar to the applicant for recording. The applicant shall record the short plat at
the appropriate KinQ County offices, for properties located in KinQ County, or recorded
at the appropriate Pierce County offices, for properties located in Pierce County. The
short plat must be recorded within 30 days or the short plat shall be null and void. A
recorded mylar COpy shall be returned to the citY.The director shall rot::1in one copy of
the approved short plat in the files of the planning department, and shall forward one
copy to the city engineer. (Ord. 5164 S 1, 1998; Ord. 4840 S 1, 1996; Ord. 4296 S 2,
1988. )
17.14.080 Conditional approval requirements.
Where a short plat is approved subject to conditions, no building permit shall be
issued for property subject to the short subdivision prior to the conditions either being
fulfilled or guarantees provided to ensure the conditions are met. (Ord. 5164 S 1, 1998;
Ord. 4840 S 1, 1996; Ord. 4296 S 2,1988.)
17.14.090 Release of improvement guarantee.
Ordinance No. 6006
March 29,2006
Page 10 of 17
If an improvement bond or other guarantee has been submitted under ACC
17.14.060(B), such guarantee shall be released upon acceptance by the city of a
properly executed bill of sale for such improvements. A portion of the guarantee
equivalent to 10 percent of the value of public improvements installed may be retained
by the city for a period of time up to one year after acceptance, to ensure the adequate
operation of such improvements, following which any unused portion of such guarantee
shall be released. (Ord. 5164 S 1,1998; Ord. 4840 S 1,1996; Ord. 4296 S 2,1988.)
17.1-1.100 Improvement requirements.
Ao Lot ^rea and Dimensions. Each lot created by short subdivision
shall contain sufficient square footage and lot dimensions to meet the requiroments of
^CC Titlo 18. Each lot to be served by an on site sewage disposal system shall be a
minimum of 15,000 square feet in area and shall also meet tho minimum lot area
requirements of the county department of health rules and regulations, as determined
by the public works department. Land contained in access easements, tracts or
panhandles shall not be included in lot area or lot dimension calculations for the
purposes of this section.
B, Conformanco with Adopted Plans. Street, ,-vater, sm....er and storm
drainage facilities adjacent to or 'Nithin the short subdivision shall be in conformance
'Nith the adopted city ordinances, standards and policies. Easements for utilities
recommended by such plans shall be provided to the city, the exact location of such
easemonts to be determined by the city engineer.
C. Floods, Flood Control and Storm Drainage.
1. VVhere any portion of the proposed short subdivision lies within the one
percent flood hazard are3 or the regulatory floodway, the director shall impose a
condition on the short plat requiring the subdivider to conform to the Federal Emergoncy
Management ^gency (FEM^) flood hazard requirements.
2. ^ conceptual storm drainage/site grading plan may be required to be
submitted, as part of the short plat, as determined by the city engineer.
Dc ,^.djacent Streets. '.^then any public street lying adjacent to the property
being short subdivided has insufficient width or for any other reason does not conform
to minimum street standards, as described in ^CC 17.12.090 through 17.12.150,
sufficient additional right of 'Nay shall be dedicated to the city and appropriate
improvements shall be made by the subdivider to conf-orm the abutting half of the street
to such standards. Such improvements may be delayed if guaranteed to the satisfaction
of the city engineer. Any such guarantee shall be recorded with the plat and shall be
binding upon the property owner and the owner's heirs, succossors and assigns. In
deciding whether a delay should be allowed, the city engineer shall consider the present
and future need for such improvement, the improved or unimproved nature of adjacent
right of way, and whether or not street grades have been established.
E. Access.
1; All short subdivisions shall border on an opened, constructed and
maintained public street. /\11 lots within a short subdivision shall eithor border on an
Ordinance No. 6006
March 29, 2006
Page 11 of 17
openod, constructed ~::md maintainod public stroot or shall be sorved by a private stroet,
accoss easomont, tract or panhandle having diroct access to such a public stroot.
\/Vhere private stroots and access easements are provided, they shall be improved or
guaranteed to the city of Auburn and be in conf{)rmance \Nith the city of ,^,uburn design
and construction standards.
2, /\11 private streets, accoss easomonts and panhandlos shall be capable of
mooting the fire access requirements of Chaptor 13.16 ACC and tho development
standards of Chapter 18.18 ACC, in addition to any other requirements of this title,
including, but not limited to, all '.\leather surface material as provided by city ongineer,
'Nhoro not othor\vise roquired to bo p~)Vod, ~:md minimum turnaround roquiremonts on
dead end streets or access easements as spocified by the fire department.
F. Dodication of Streets.
1; Dedication of a public stroot or streets may be requirod, '.vhonever the
planning director finds that one or moro of tho following conditions applios:
a, Tho goneral alignment of a proposod privato street, access
easement or panhandle follmNs tho general alignment of a future arterial recommended
by the traffic circulation elemont of tho comprehensive plan; or
b, Tho goneral alignment of a proposod privato stroot, accoss
easement or panhandle can be reasonably modified to provide a dosirablo through
connection bot'Neen two or more existing or planned public streets or arterials; or
G. 1\ public stroet '.\'ould bo necessary to provido adequato access to
adjacent property not subjoct to tho proposed short subdivision.
2. '.^lhenevor the diroctor makos such a finding tho short plat shall be
returnod to the applicant and a public hearing scheduled on the proposed street
dodication. The hearinQ examiner hearing shall bo conductod hearinQ by the hearing
oxaminer pursuant to ACC 18.66.150 and tho oxaminer shall mako a rocommondation
to tho city council pursuant to ACC 18.66.170. Subsoquent to tho council's decision, the
applicant shall prepare a statutory warranty deed, dedicating tho street, and together
with tho doed roturn tho short plat to tho director f{)r final action.
H. Firo Hydrants. All lots within a short plat shall be capablo of boing sorvod
by a fire hydrant as required by Chaptor 13.16 ,^,CC. Property zoned RR, rural
residential, may be exempt; provided the requirements of ACC 13.16.030 are met. (Ord.
5161 ~ 1, 1998; Ord. 5170 ~ 1, 1998; Ord. 1810 ~ 1, 1996; Ord. 1296 ~ 2, 1988.)
17.11.110 Unbuildablo lots.
Every lot within a short plat shall be capablo of being reasonably served by public
or privato sowago disposal, water, and streetc. Tho city will not approvo a short plat for
which a building pormit cannot be issuod if the nocossarybocause of insufficiont
infrastructuro is not reasonably provided for. (Ord. 5161 ~ 1, 1998; Ord. 1810 ~ 1, 1996;
Ord. 1296 ~ 2, 1988.)
Ordinance No. 6006
March 29, 2006
Page 12 of 17
4. AMENDMENT TO CITY CODE. That Chapter 17.16 of the Auburn City
Code (Lot Line Adjustments) is hereby amended to read as follows:
Chapter 17.16
bG+-BOUNDARY LINE ADJUSTMENTS
Sections:
17.16.005
17.16.010
17.16.020
17.16.030
Purpose.
Scope.
Application.
Administrative review.
17.16.005 Purpose
The purpose of this chapter is to define the criteria used by the City of Auburn to
review boundary line adiustments. Boundary lines adiustments are intended to provide
a procedure for minor chanQes to the location of a boundary line. This Chapter is also
intended to ensure compliance with RCW 58.09
17.16.010 Scope.
The boundary lines separating two or more lots of record may be adjusted under
the provisions of this chapter; provided, that such adjustment:
A. Will not result in the creation of any additional lot, tract, parcel, site or
division;
B. Will not create any lot, tract, parcel, site or division which contains
insufficient area and dimensions to meet the requirements of ACC Title 18;
C. Will not adversely affect access, easemonts or drainfields storm drainaQe,
water supply, existinQ sanitary sewaQe disposal, access easements for vehicles, utilities
and fire protection;
D. Will not create or diminish any easement or otherwise deprive any parcel
of access or utilities;
E. VVill not replat, amend. alter or V3c3te a plat or short subdivision:
E. Will be consistent with any applicable health, building or similar
regulations;
F. Will not increase the nonconforming aspects of an existing nonconforming
lot. (Ord. 4840 S 1,1996; Ord. 4296 S 2,1988.)
17.16.020 Application.
A. In addition to the requirements for a submittinQ a completes application as
set forth in ACC =Htl-e 14.05.020, six (6) copies of an application for a boundary -let-line
adjustment shall be submitted to the planninQ department- in a format prescribed by the
planninQ director, siQned and stamped by a professional land surveyor, be made on
forms to be providod by the planning department, and shall be submitted to the pl3nning
dep3rtment together with the applicable fee 3nd two copies of a plan, drawn to a scale
Ordinance No. 6006
March 29, 2006
Page 13 of 17
not smaller than 1" = 1 00' or other approved scale on a sheet size of 18" x 24"dr~l'Im to
scale and accur~toly dimonsionod, clearly showing the following information:
1. The proposed lot lines for all affected lots, indicated by heavy solid lines;
2. The existing lot lines proposed to be changed, indicated by heavy broken
lines;
3. The location and dimensions of all structures and improvements existing
upon the affected lots in proximity to the lot lines beinq adiusted .and the distance
between the structurelimprovements and the proposed boundary lines
4. The oriQinal leqal description of the original parcels tOQether with new
separate leQal descriptions for each revised parcel, labelinQ the affected parcels
specifically as "Parcel A", "Parcel B", etc.;
5. The position of permanent markers bearinQ the surveyors' reQistration
number set at each new property corner;
6. The parcel numbers of all affected lots;
7. The location of the property to Quarter/Quarter Section, Township and
RanQe;
8. The location and dimensions of any drainfield, easement or right-of-way
existing within or ~dj3cent to any affected lot;
9. The area and dimensions of each lot following the proposed adjustment;
10. The existing and, if applicable, proposed future method of sewage
disposal for each affected lot. Where any lot affected by a proposed lot line adjustment
is served or is likely to be served in the future by an on-site sewage disposal system, a
percolation test for each such lot may be required by the city engineer when the city
engineer finds that the proposed adjustment could adversely affect the ability of such lot
to be adequately served by such on-site system.
11. Declaration blocks shall be provided for the lot owner(s), surveyor,
approvinq qovernmental aQencies and recordinq certification in a manner as prescribed
by the planninQ director.
12. A boundary line adiustment may contain conveyance lanQuaQe that
provides for the transference of property between the affected lots.
VVhenever a lot line adjustment involves a detailed metes and bounds legal
description the planning director may require the lot line adjustment to be prepared by a
licensed land surveyor in order to ensure the accuracy of the new legal descriptions and
drawings.
B. Boundary line adiustment applications shall be submitted to the Planninq
Department with a title report, with liability for errors not to exceed the assessed value
of the lots on the date of application. The title report shall be no more than 30-days
prior to the application date. The City may request an updated title report prior to
approval at its discretion.
C. The final mylar for recordinq shall contain all survey information required
for a Record of Survey under Chapter 58.09 RCW and WAC 332-130.
Ordinance No. 6006
March 29, 2006
Page 14 of 17
D. All newly established lot corners shall be permanently marked with the
land surveyor's reqistration number. When the boundary lines follow a meanderinq line.
the "corners" shall be set as directed by the City of Auburn.
E. When the leQal description of the boundary line adiustment utilizes partial
or complete section subdivisional breakdown to establish the boundaries, section
subdivision survey information shall be shown in accordance with the requirements of
WAC 332-130-030.
F. All reference monuments used in the establishment of the boundary line
adjustment corners shall be identified, described and noted as set or found. When
appropriate, the survey shall reference previous surveys that served as the basis for the
survey.
G. When the boundary line adjustment is adiacent to a constructed public
riQht-of-way and the plat corners or its offset represent a quarter corner, section corner
or donation land claim that is not of record or has been lost (or obliterated), a standard
monument shall be placed.
H. Whenever a short subdivision is adiacent to existinQ riqht-of-way, the
centerline of the riQht-of-way shall be located on the plat drawinq. If the constructed
improvements fall outside of the documented riqht-of-way. the surveyor shall identify the
existinQ edqe of the pavement and limits of the maintained riqht-of-way section on the
drawinQ and show its relationship to said centerline
I. All requirements of Chapter 58.09 RCW and WAC 332-130 QoverninQ
minimum standards for land boundary surveys shall be met and a note shall be placed
on the Mylar that reads:
"THIS SURVEY COMPLIES WITH ALL THE STANDARDS AND
GUIDELINES OF THE "SURVEY RECORDING ACT" CHAPTER
58.09 RCW AND WAC 332-130."
(Ord. 4840 S 1, 1996; Ord. 4296 S 2, 1988.)
17.16.030 Administrative review.
An application for a let-boundary line adjustment shall be approved, approved
with conditions, returned to the applicant for modifications or denied within 15 days of
determininQ the application to be complete its receipt of a complote application by the
dopartment. _The department shall not be considered to be in receipt of a complete
application unless and until such time as the application meets the requirements of ACC
17.16.020, as determined by the director.
A. The planning director shall forward one copy of the proposed let-boundarv
line adjustment plan to the public works and fire department~ who shall review the plan
and submit comments to the planning director within 10 days of receipt.
B. Following receipt of the comments of those consulted under subsection A
of this section, but no later than 15 days following receipt of a complete application, the
planning director shall approve or deny the requested let-boundary line adjustment.-I-A
making a docision, tho director shall make appropriate findings of fact in "vriting.
Following a decision, the director shall notify the applicant to file a final mylar drawinQ
Ordinance No. 6006
March 29, 2006
Page 15 of 17
for siQnatures. The applicant shall then record the lot line adjustment at the appropriate
King County offices, for properties located in King County, or recorded at the
appropriate Pierce County offices, for properties located in Pierce County. The lot line
adjustment must be recorded within 30 days or the lot line adjustment shall be null and
void. A recorded copy shall also be returned to the city.
C. An aggrieved person may appeal the director's decision on a lot line
adjustment, within 14 days of mailing the Director's decision, to the hearing examiner, in
accordance with procedures prescribed in ACC 18.70.050(B) through (E). The hearing
examiner's decision shall be final unless appealed to the city council prescribed in ACC
18.66.160. (Ord. 5170 S 1, 1998; Ord. 4840 S 1, 1996; Ord. 4296 S 2,1988.)
5. AMENDMENT TO CITY CODE. That Section 17.24.010 of the Auburn
City Code (Amendments) is hereby amended to read as follows:
17.24.010 Public hearing and notice.
The 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:
A. Bv submittinq to the State PlanninQ 3nd Community Affairs Aqencv a cop'! of
the proposed ordin3nce or amondmont, tOQother \A,'ith 3 notice indic3tinQ tho time 3nd
place of public h03rinq;
g A. 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
G.B. 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. (Ord. 4840 S 1, 1996; Ord. 4296 S 2, 1988.)
6. 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.
7. IMPLEMENTATION. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Ordinance No. 6006
March 29, 2006
Page 16 of 17
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:
APR - 3 2006
APR - 3 2006
APR - 3 2006
.-
~
PETER B. LEWIS
MAYOR
ATTEST:
/ 2tJN C /:1;~vJ
Dan' lie E. Daskam,
City Clerk
I k.
,zeo _~
Ordinance No, 6006
March 29, 2006
Page 17 of 17