HomeMy WebLinkAbout6186ORDINANCE NO. 6 1 8 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 16.06.100, 16.06.330, 16.08.190,
17.06.050, 17.06.080, 17.06.110, 17.10.010,
17.10.040, 17.12.010, 17.12.260, 17.12.270,
17.14.055, 17.14.060, 17.16.030, 17.18.010,
17.18.020, 17.22.030, 17.22.050, AND REPEALING
SECTION 17.06.060 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 16.06.100 of
the Auburn City Code be and the same hereby is amended to read as follows:
16.06.100 Internal circulation of environmental documents.
Relevant environmental documents shall accompany proposals through
existing city project review processes. The responsible official shall ensure that
environmental documents are provided to decision makers in the following
manner:
A. Where a nonelected city official is to make a final decision on a
nonexempt action, the responsible official shall provide that deciding official with
a copy of a determination of nonsignificance (DNS) or a final EIS upon issuance
of the DNS or FEIS.
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September 30, 2008
Page 1 of 18
B. Where the planning commission; or hearing examiner or et-hevisory-bedy-is to make a recommendation on a nonexempt action, the
responsible official shall transmit to the advisory body a copy of one of the
following:
1. Environmental checklist;
2. Determination of nonsignificance (DNS);
3. Draft environmental impact statement (DEIS);
4. Final environmental impact statement (FEIS).
Transmittal of the appropriate environmental document shall either
precede or accompany transmittal of a staff report or staff recommendation on
the proposal.
C. A final staff recommendation to the hearing examiner or city council
on a nonexempt major action should normally be preceded by, or accompanied
by, either a final DNS or an FEIS. (Ord. 4840 § 1, 1996.)
Section 2. Amendment to City Code. That section 16.06.330 of
the Auburn City Code be and the same hereby is amended to read as follows:
16.06.330 Council review - Limitations for appeals.
A. The decision of the hearing examiner on a threshold determination
appeal may be appealed to the s+ty-seuasil superior court in the county in which
the subuect property is located, which appeal shall be in accordance with the
provisions of RCW 43.21C.060 and 43.21C.075. Any such appeal allowed by
RCW 43.21C.060 and 43.21C.075 must be brought within the time limits
specified in ACC 18.66.160.
B. Such council review shall be conducted on the record compiled by
the hearing examiner, consistent with other applicable law. (Ord. 4840 § 1,
1996.)
Section 3. Amendment to City Code. That section 16.08.190 of
the Auburn City Code be and the same hereby is amended to read as follows:
16.08.190 Decision appeals.
A. Any person aggrieved by the granting, denying or rescission of a
substantial development permit by the hearing examiner may seek review from
the Gity GGLIRGil by fi1iRq a request for the same with the GeunGil within IQ days o
mailing the hearing examiner's final deGiSiG1217
B. ARY person aggrieved by the gFanting, denying of a
may seek review from the
State Shorelines Hearings Board by filing a petition for review with the board
within 21 days of the date of filing, as defined by RCW 90.58.140(6), of the
Ordinance No. 6186
September 30, 2008
Page 2 of 18
council's final decision. Within seven days of the filing of the petition for review
with the board, the person seeking review shall serve a copy of his petition with
the State Department of Ecology, the office of the Attorney General and the
director. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 80, 1985; 1957
code § 11.94.070.)
Section 4. Amendment to City Code. That section 17.06.050 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.06.050 Hearing examiner review.
A. Pursuant to the provisions of Chapter 18.66 ACC the hearing
examiner shall within 10 calendar days of the closure of the public hearing
reGernmend to the city GounGil to approve, deny, or approve with conditions the
preliminary plat. The hearing examiner shall not recommend approval of the
preliminary plat unless he finds the proposed subdivision is in conformance with
the findings of fact as outlined in ACC 17.06.070.
B. Pursuant to the provisions of ACC 18.66.150, the planning director
or any interested party affected by the recommendation of the examiner who
asserts that the hearing examiner based that recommendation on an erroneous
procedure, errors of law or fact, error in judgment, or the discovery of new
evidence which could not be reasonably available at the prior hearing, may make
a written request for review by the examiner within seven calendar days after the
written decision of the examiner has been rendered. The request for
reconsideration shall set forth the specific errors relied upon by such appellant,
and the examiner may, after review of the record, take further action as the
examiner deems proper. The examiner may request further information which
shall be provided within 10 calendar days of the examiner's request. The
examiner's written decision on the request for consideration shall be transmitted
to all parties of record within 10 calendar days of receipt of the request for
reconsideration or receipt of the additional information requested, whichever is
later. (Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.)
Section 5. Amendment to City Code. That section 17.06.080 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.06.080 Notice of decision to applicant.
Following adoption of a reso!4 the decision of the hearing examiner
approving or rejecting a preliminary plat, the director shall notify the applicant of
the decision. The notice shall be accompanied by a copy of the adopted
reselut+eedecision. If the resolution decision is for approval or approval with
conditions, the notice shall advise the applicant to prepare an improvement
Ordinance No. 6186
September 30, 2008
Page 3 of 18
method report, as described by Chapter 17.08 ACC, and shall inform the
applicant regarding the applicable time limitations on final plat submittal. This
notice of decision is in addition to any notice of decision required under ACC Title
14. (Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.)
Section 6. Amendment to City Code. That section 17.06.110 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.06.110 Time limitations.
A. A pFeliminary plat, approved prior to April 17, 1995i
j faith eff-ort. A plat gFanted preliminary appFeval but not filed
foF final plat approval within the appliGable time peFied er e)deRded time period
shall be null and vo ' *
$A. A preliminary plat, approved on or subsequent to April 17, 1995,
shall be valid for a five-year period following oetnoil approval of the preliminary
plat. The Gity hearing examiner may allow incremental one-year
extensions pursuant to the same PFGGess and Griteria as eutlined in subSeGtio
of--this -sectiea subject to a finding of good faith effort has been attempted in
applying for a final plat. A good faith effort is defined to be at minimum the
submittal of complete engineering construction drawings to the City. At the
same time the the-.Gun-cAhearing examiner is considering the extension it may
also add, alter or delete any conditions or requirements that were made part of
the preliminary plat approval.
OB. A plat granted preliminary approval, but not filed for final plat
approval within the applicable time period or extended time period shall be null
and void. (Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.)
Section 7. Amendment to City Code. That section 17.10.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.10.010 Application submittal and contents.
A. Application. An application for final plat approval meeting all
requirements of Chapter 58.17 RCW and this title shall be submitted to the
planning department. The final plat shall be accompanied by a copy of the
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September 30, 2008
Page 4 of 18
approved preliminary plat, any documents required by this section and the
required fee established by resolution. An application for final plat approval shall
be approved or returned to the applicant for corrections within 30 days of its
receipt 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 an
application for final plat approval unless and until such time as the application
meets the requirements of this section, as determined by the director.
B. Preparation. The final plat shall be prepared by a professional land
surveyor licensed by the state of Washington. The preparer shall, by placing his
or her signature and stamp upon the face of the plat, certify that the plat is a true
and correct representation of the land actually surveyed by the preparer, that the
existing monuments shown thereon exist as located and that all dimensional and
geodetic details are correct.
C. Scale and Format. The final plat shall be drawn with India ink on
Mylar measuring 18 inches by 22 inches in size, allowing one-half inch for
border. The final plat shall be accurate, legible and drawn to an engineering
(decimal) scale of 100 feet or fewer to the inch. If more than one sheet is
required, an index sheet showing the entire subdivision with street and highway
names and block numbers (if any) shall be provided. Each sheet, including the
index sheet, shall be of the above-specified size. All signatures or certifications
appearing on a final plat shall be in reproducible black ink.
D. Final Plat Contents. A final plat shall contain the following
information:
1. The name of the subdivision;
2. Legal description of the property being subdivided;
3. Numeric scale, graphic scale, true north point and date of
preparation of the final plat;
4. The boundary line of the plat, referenced to city datum and based
on an accurate traverse, with angular and linear dimensions and bearings;
5. The exact location, width and assigned name of all streets, alleys
and other public ways within and adjacent to the subdivision;
6. A table depicting the assigned address for each lot within the
subdivision;
7. The exact location, width and purpose of all easements and
dedications for rights-of-way provided for public and private services and utilities;
8. True courses and distances to the nearest established street lines,
or section or quarter section corner monuments which shall accurately locate the
subdivision;
9. Municipal, township, county or section lines accurately tied to the
lines of the plat by distances and courses;
10. All lot and block numbers and lines, with accurate dimensions in
feet and hundredths of feet;
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September 30, 2008
Page 5of18
11. The radii, internal angles, points of curvature, tangent bearings and
lengths of all arcs;
12. The accurate location of each permanent control monument. One
such monument shall be located at each and every controlling corner on the
boundaries of the parcel of land being subdivided; at each street centerline
intersection, each point of curvature (PC), each point of tangency (PT), and each
point of reverse curve (PRC); and at each intersection of a street centerline with
a plat boundary;
13 All plat meander lines or reference lines along bodies of water shall
be established above, but not farther than 20 feet from the high water line of such
body;
14. Accurate outlines and legal descriptions of any areas to be
dedicated or reserved for public use, with the purposes of such dedication or
reservation and any limitations indicated thereon and in the dedication;
15. Accurate outlines of any areas to be reserved by deed covenant for
common use of owners of property within the subdivision, together with the
purposes of such reservation;
. 16. Any restrictions or conditions on the lots or tracts within the
subdivision, as required by the s+tys +l- , hearing examiner, or at the
discretion of the property owner;
17. The name and seal of the licensed land surveyor responsible for
preparation of the final plat, and a signed certification on the plat by said surveyor
to the effect that it is a true and correct representation of the land actually
surveyed by him or her, that the existing monuments shown thereon exist as
located and that all dimensional and geodetic details are correct;
18. A signed certification stating that the subdivision has been made
with the free consent, and in accordance with the desires, of the owner or
owners. If the plat includes a dedication, the certificate or a separate written
instrument shall contain the dedication of all streets and other areas to the public,
any individual or individuals, religious society or societies, or to any corporation,
public or private, as shown on the plat, and a waiver of all claims for damages
against any governmental authority which may be occasioned to the adjacent
land by the established construction, drainage or maintenance of said street or
other areas so dedicated. Such certificate or instrument shall be signed and
acknowledged before a notary public by all parties having any interest in the
lands subdivided. An offer of dedication may include a waiver of right of direct
access to any street from any property. Such waiver may be required by the city
engineer as a condition of approval. Roads not dedicated to the public must be
clearly marked on the face of the plat. Any dedication, donation or grant as
shown on the face of the plat shall be considered as a quit claim deed to the said
donee or grantee for use for the purpose intended by the donation or grant. At
the discretion of the city engineer conveyances of right-of-way may be required
Ordinance No. 6186
September 30, 2008
Page 6 of 18
to be by statutory warranty deed. The acceptance of right-of-way by the city shall
not obligate the city to improve or develop the lands in the right-of-way;
19. Forms for the appropriate certifications of the finance director, city
engineer and planning director, as follows:
FINANCE DIRECTOR'S CERTIFICATE
I hereby certify that there are no delinquent special assessments for which
the property subject to this subdivision may be liable to the City, and that all
special assessments on any property herein contained dedicated as streets,
alleys or for any other public use have been duly paid, satisfied or discharged,
this day of , 20
Auburn Director of Finance
CITY ENGINEER'S CERTIFICATE
I hereby certify that this final plat is in compliance with the certificate of
improvements issued pursuant to ACC 17.08.020, and is consistent with all
applicable City improvement standards and requirements in force on the date of
preliminary plat approval, this day of , 20
Auburn City Engineer
PLANNING DIRECTOR'S CERTIFICATE
I hereby certify on this day of , 20 , that this
final plat is in substantial conformance with the preliminary plat and any
conditions attached thereto, which preliminary plat was approved by Resolution
Number of the Auburn City Council on the day of ,
20 or by the Decision of the Hearing Examiner for the City of Auburn dated
the day of 20
Auburn Planning Director
20. A form for the approval of the mayor, pursuant to ACC 17.10.030,
as follows:
APPROVAL
Examined and approved this day of 20 ,
pursuant to City Ordinance Number , adopted by the Auburn City Council
on the day of , 20
Mayor
ATTEST:
Auburn City Clerk
21. A form for the certificate of the county finance division, as follows:
FINANCE DIVISION CERTIFICATE
I hereby certify that all property taxes are paid, that there are no
delinquent special assessments certified to this office for collection, and that all
Ordinance No. 6186
September 30, 2008
Page 7 of 18
special assessments certified to this office for collection on any of the property
herein contained dedicated as streets, alleys or for other public use are paid in
full this day of , 20
Manager
Deputy
22. A form for the approval of the county assessor, as follows:
ASSESSOR'S APPROVAL
Examined and approved this day of , 20
County Assessor
Deputy County Assessor
Account number
23. A form for the certificate of the county recorder, as follows:
RECORDING CERTIFICATE
Filed for record at the request of the City of Auburn this day of
, 20 at minutes past _.M., and recorded in
Volume of Plats, page Records of (King or Pierce) County,
Washington.
County Recording Number
Manager
Superintendent of Records
24. Any additional pertinent information as required at the discretion of
the city engineer or planning director.
E. Accompanying Documents.
1. In cases where any protective deed covenants will apply to lots or
parcels within a subdivision, a typewritten copy of such covenants shall be
submitted along with the final plat.
2. The final plat shall be accompanied by a complete survey of the
section or sections in which the plat or replat is located, or as much thereof as
may be necessary to properly orient the plat within such section or sections. The
plat and section survey shall be submitted with complete field and computation
notes, showing the original or re-established corners, with the descriptions of the
same, and the actual traverse showing error of closure and method of balancing.
A sketch showing all distances of the plat shall accompany this data. The
allowable error of closure shall not exceed one foot in 10,000 feet.
3. The final plat shall be accompanied by a current (within 30 days)
title company certification of:
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September 30, 2008
Page 8 of 18
a. The legal description of the total parcel sought to be subdivided;
b. Those individuals or corporations holding an ownership interest in
said parcel;
C. Any lands to be dedicated shall be confirmed as being in the name
of the owners signing the dedication certificate;
d. Any easements or restrictions affecting the property to be
subdivided with a description of purpose and referenced by auditors file numbers
and/or recording number.
If lands are to be dedicated or conveyed to the city as part of the
subdivision, an A.L.T.A. title policy may be required by the city engineer.
4. The final plat shall be accompanied by a computer check of the
boundaries, street centerlines, lots, blocks and lot area.
5. The final plat shall be accompanied by a copy of the approved
preliminary plat for the property in question.
6. All documents submitted under this section shall contain the name
of the subdivision and the name and address of the subdivider. (Ord. 6061 § 1,
2006; Ord. 5170 § 1, 1998; Ord. 4296 § 2, 1988.)
Section 8. Amendment to City Code. That section 17.10.040 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.10.040 Terms of approval.
A subdivision shall be governed by the terms of approval of the final plat,
and the zoning ordinance and regulations in effect on the date of preliminary plat
approval for a period of five years after final plat approval unless the
seuns+lhearing examiner finds that a change in conditions creates a serious
threat to the public health or safety in the subdivision. (Ord. 4296 § 2, 1988.)
Section 9. Amendment to City Code. That section 17.12.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.12.010 Plan preparation, submittal and approval.
A. Plans for improvements shall be prepared, signed, dated and
stamped by a professional civil engineer registered in the state of Washington
and shall be in accordance with city standards and specifications as set feFth-by
. Plans shall be submitted
to the Ci?Aubu-rn -buildi-ng----c4visior4, following preliminary plat approval, for
circulation and review. No construction permit or approval shall be issued and no
construction activity shall commence relating to subdivision improvements until
the plans required by this chapter have been approved and signed by the city
engineer. Plans shall be consistent with the approved preliminary plat. All
Ordinance No. 6186
September 30, 2008
Page 9 of 18
sanitary sewer, water, storm sewer and street improvements to be dedicated to
the city shall be covered by a public facilities extension agreement, as required
by ACC Title 13.
B. For preliminary plats that were approved, but not constructed, prior
to the effective date of the amendments to this chapter as adopted by the
ordinance codified in this chapter the owner/developer may choose to use the
standards in effect at the time of the preliminary plat approval or, if approved by
the city engineer, use the standards adopted pursuant to this chapter.
C. The street construction standards for preliminary plats, that are
approved pursuant to the standards adopted by this chapter, may need to be
modified in order to properly interface with adjacent plats constructed to previous
city standards. Such modification shall be reviewed and approved by the city
engineer -and -Y I.- - - part of the
An appeal of the city engineer's decision shall be consistent with-AGG
12.64A.06-0 the appeal process for city design standards appeals. (Ord. 5164 §
1, 1998; Ord. 4296 § 2, 1988.)
Section 10. Amendment to City Code. That section 17.12.260 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.12.260 Parks and playgrounds.
Where dedication of land for park and recreation purposes is required, the
AEI-hearing examiner shall be guided by the policies and recommended
standards of the Auburn parks,, and-recreation, and open space plan. It is the
policy of the city to require park land dedication where a proposed subdivision
will result in a substantial increase in demand for park land or is needed to
prevent or abate public nuisances. Generally, this will occur where a subdivision
will result in the creation of lots capable of supporting 50 or more residential
dwelling units; however, where it is determined that the proposed subdivision,
together with any reasonably anticipated future development on adjacent or
nearby land, will act in a cumulative manner to substantially increase demand for
park land, dedication may be required of smaller subdivisions. The acceptability
of the size, configuration and location of land proposed for park dedication shall
be determined by the Gity-GGunGi -hearing examiner based upon such factors as
topography, drainage, natural amenities and access. (Ord. 5164 § 1, 1998; Ord.
4772 § 1, 1995; Ord. 4296 § 2, 1988.)
Section 11. Amendment to City Code. That section 17.12.270 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.12.270 Floods and flood control.
Ordinance No. 6186
September 30, 2008
Page 10 of 18
The city may disapprove a proposed subdivision because of flood,
inundation or swamp condition if the city finds that such condition poses a threat
to the public health, safety or general welfare or causes a public nuisance.
Where any portion of the proposed subdivision lies within the one percent
flood hazard area or the regulatory floodway, the GE)UnGil hearing examiner shall
impose a condition on the preliminary plat requiring the subdivider to conform to
the Federal Emergency Management Agency (FEMA) flood hazard
requirements. In such cases, no development permit associated with the
proposed subdivision shall be issued by the city until said FEMA requirements
have been met.
The city may require dedication of land to any public body and/or the
construction of improvements and may impose other conditions necessary to
protect against flooding or inundation. (Ord. 5164 § 1, 1998; Ord. 4772 § 1, 1995;
Ord. 4296 § 2, 1988.)
Section 12. Amendment to City Code. That section 17.14.055 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.14.055 Improvement requirements.
A. Lot Area and Dimensions. Each lot created by short subdivision
shall contain sufficient square footage and lot dimensions to meet the
requirements of ACC Title 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 the minimum lot area requirements of the county department of health rules
and regulations, as determined by the city engineer. 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 being reasonably
served by public or private sewage disposal, water, storm drainage facilities and
streets. The city will not approve a short plat for which a building permit cannot
be issued because of insufficient infrastructure.
C. Conformance with Adopted Plans. Street, water, sewer and storm
drainage facilities adjacent 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 engineer.
D. Floods, Flood Control and Storm Drainage.
1. Where any portion of the proposed short subdivision lies within the
100-year flood hazard area or the regulatory floodway, the director shall impose
a condition on the short plat requiring the subdivider to conform to the Federal
Emergency Management Agency (FEMA) flood hazard requirements.
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September 30, 2008
Page 11 of 18
2. A conceptual storm drainage/site grading plan shall be required to
be submitted, as part of the short plat application, unless waived by the city
engineer.
E. Adjacent Streets. When 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 ACC 17.12.090
through 17.12.150, sufficient additional right-of-way shall be dedicated to the city
and appropriate improvements shall be made by the subdivider to conform 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, successors 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.
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 having 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 design and construction standards.
2. All private streets, access easements and panhandles shall be
capable of meeting the fire access requirements of Chapter 15.36A ACC and the
development standards of Chapter 18.48 ACC, in addition to any other
requirements of this title, including, but not limited to, all-weather surface material
as provided by the city engineer, 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 planning director finds that one or more of the following conditions applies:
a. The general alignment of a proposed private street, access
easement or panhandle follows the general alignment of a future arterial as
shown in the comprehensive plan; or
b. The general alignment of a proposed private street, access
easement or panhandle can be reasonably modified to provide a desirable
through-connection between two or more existing or planned public streets or
arterials; or
c. A public street would be necessary to provide adequate access to
adjacent property not subject to the proposed short subdivision.
Ordinance No. 6186
September 30, 2008
Page 12 of 18
2. Whenever the director makes such a finding the short plat shall be
returned to the applicant and a public hearing scheduled on the proposed street
dedication. The hearing examiner shall conduct the hearing pursuant to ACC
18.66.150 and make a
18.66.170-decision. Subsequent to the GGwnGil's-hearing examiner's decision, the
applicant shall prepare a statutory warranty deed, dedicating the street, and
together with the deed return the short plat to the director for #+-nal-action.
H. Fire Hydrants. All lots within a short plat shall be capable of being
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. (Ord. 6006 § 3, 2006.)
Section 13. Amendment to City Code. That section 17.14.060 of
the Auburn City Code be and the same hereby is amended to read as follows:
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.
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 building permits for any lot
within the short plat.
C. Upon reaching a decision, the director shall so notify the applicant.
Such 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 drawing of the short plat for
signature, together with an updated title report. The final mylar drawing shall be
presented for recording and shall contain all survey information required for a
record of survey under Chapter 58.09 RCW and Chapter 332-130 WAC.
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
Ordinance No. 6186
September 30, 2008
Page 13 of 18
hearing examiner's decision shall be final unless appealed to the -city
Gouncilsuperior court as prescribed in ACC 18.66.160. (Ord. 6006 § 3, 2006; Ord.
5164 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.)
Section 14. Amendment to City Code. That section 17.16.030 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.16.030 Administrative review.
An application for a boundary line adjustment shall be approved, approved
with conditions, returned to the applicant for modifications or denied within 15
days of determining the application to be complete. 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
boundary line adjustment plan to the building official, public works and fire
departments, 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
boundary line adjustment. Following a decision, the director shall notify the
applicant to file a final Mylar drawing for signatures. The Mylar shall be
transmitted to the appropriate county office for recording. The boundary line
adjustment must be recorded within 30 days or the lot line adjustment shall be
null and void. A recorded Mylar copy shall be provided to the city and applicant.
C. An aggrieved person may appeal the director's decision on a
boundary 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 superior court as prescribed in ACC 18.66.160. (Ord.
6061 § 5, 2006; Ord. 6006 § 4, 2006; Ord. 5170 § 1, 1998; Ord. 4840 § 1, 1996;
Ord. 4296 § 2, 1988.)
Section 15. Amendment to City Code. That section 17.18.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.18.010 Formal subdivisions.
A. The hearing examiner may
approve a modification of any standard or specification established or referenced
by Chapter 17.12 ACC, upon making the findings of fact in ACC 17.18.030.
Ordinance No. 6186
September 30, 2008
Page 14 of 18
B. The request for modification shall be processed simultaneously with
the preliminary plat and the applicant shall submit the modification on forms
provided by the planning department. (Ord. 4296 § 2, 1988.)
Section 16. Amendment to City Code. That section 17.18.020 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.18.020 Short subdivisions.
A. The hearing examiner may approve a modification of any standard
or specification established or referenced by Chapter 17.14 ACC, except that the
requirement of ACC 17.14.100(A) shall not be lessened, upon making the
findings of fact in ACC 17.18.030.
B. The applicant shall submit the modification on forms provided by
the planning department. The modification shall also be accompanied by a
written agreement agreeing to the extension of time period as provided in ACC
17.14.050(A).
C. The hearing examiner shall conduct a public hearing consistent
with ACC 18.70.040. The examiner's decision shall be final subject to appeal to
the city-emssuperior court in a manner as provided in ACC 18.66.160. (Ord.
4296 § 2, 1988.)
Section 17. Amendment to City Code. That section 17.22.030 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.22.030 Public hearing.
The hearing examiner shall conduct a public hearing pursuant to ACC
17.06.030 on the application for an alteration and may reGommend to the rot
to-approve or deny the application for alteration of the subdivision after
determining the public use and interest to be served by the alteration of the
subdivision. The GOunGil shall adept by 9FdinanGe any appFeval of an alteration
pursuant to this . (Ord. 4296 § 2, 1988.)
Section 18. Amendment to City Code. That section 17.22.050 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.22.050 Revised plat drawings.
A. If the eeuneil hearing examiner approves an alteration the applicant
shall provide a revised plat drawing to reflect the alteration. The drawing shall
also contain any revised legal descriptions.
Ordinance No. 6186
September 30, 2008
Page 15 of 18
B. The revised drawing may need to be prepared by a licensed land
surveyor if the director oeeRGif determines the alteration is detailed enough to
require complete and accurate drawings.
C. The revised drawing shall be signed by the n ayGr-applicable
departments pursuant to Title 17 and ' '
have ±hc. eyise d dra,„?„ r®^^r'te be recorded 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. (Ord. 5170 § 1, 1998; Ord.
4296 § 2, 1988.)
Section 21. Amendment to City Code. That section 17.06.060 of
the Auburn City Code be and the same hereby is repealed in its entirety.
Section 22. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 23. 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 24. 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. 6186
September 30, 2008
Page 16 of 18
INTRODUCED. OCT - 6 2008
PASSED: OCT - a Anna
APPROVED: nu - fi 9npg
APPROVED AS TO FORM:
r-
TY ARN
PETER B. LEWIS
MAYOR
ATTEST:
a?-2
Dani Ile E. Daskam,
City Clerk
Published??y?,-? cl
Ordinance No. 6186
September 30, 2008
Page 17 of 18
City Attorney
TEXT OF CODE SECTION BEING REPEALED
17.06.060 City council action.
A. Upon receipt of the hearing examiner's recommendation, the city
council shall at its next public meeting approve, remand the recommendation to
the examiner or schedule a closed record public hearing, pursuant to ACC
18.66.170, on the proposed preliminary plat. Any aggrieved person may request
the council to conduct its own closed record hearing. The council must first
conduct a closed record public hearing if the council modifies or reverses the
recommendation of the hearing examiner.
B. In its deliberations on a proposed preliminary plat, the council shall
consider, but shall not be bound by, the findings, conclusions and
recommendations of the hearing examiner, and all testimony and other evidence
presented during the hearing examiner public hearing. After considering the
preliminary plat, the council may approve, approve with conditions, reject or
return the plat to the applicant for corrections or modifications.
C. When the council makes its decision on the preliminary plat, it shall
adopt a resolution prepared by the city attorney. A resolution prepared under this
subsection shall include formal findings of fact and conclusions supporting the
decision. If the decision is for approval or approval with conditions, the findings
shall affirm that the subdivision conforms with all applicable city land use
regulations. If the decision is for approval with conditions, the conditions shall be
specified in the resolution. (Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296
§ 2, 1988.)
Ordinance No. 6186
September 30, 2008
Page 18 of 18