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HomeMy WebLinkAbout3163 RESOLUTION NO, 3 16 3 ~ ..~/~' ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AUTHORIZING THE MAYOR OF THE CITY OF AUBURN TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND KING-COUNTY RELATING TO PROCESSING OF BUILDING PERMITS AND' LAND USE APPLICATIONS TO PROVIDE AN ORDERLY TRANSITION OF RESPONSIBILITIES FOR DEVELOPMENT AND CONSTRUCTION PERMITTING. WHEREAS, the City is moving towards successfully concluding its first major annexation of the Lea Hill Potential Annexation area; and WHEREAS, further annexations are anticipated; and WHEREAS, it is in the best interest of the City, County, property owners and developers to provide for an orderly transition of responsibilities for development and construction permitting; and WHEREAS, the most reasonable methodology is for the County to complete project reviews and permitting on projects initiated prior to the date the annexation becomes effective and for the City to assume full responsibility after that date; and WHEREAS, these responsibilities and related actions should be clearly established through an interlocal agreement between the City and County, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES: Section 1. Then be it therefore resolved that the City Council has authorized the Mayor to sign the interlocal agreement on permitting responsibilities with King County. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the diredives of this legislation. ' Resolution 3163 January 18, 2000 Page 1 Dated and Signed this 18th day of January, 2000. CITY OF AUBURN CHARLES A. BOOTH MAYOR 'ATTEST: Damelie E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution 3163 January 18, 2000 Page 2 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN RELATING TO PROCESSING OF BUILDING PERMITS AND LAND USE APPLICATIONS THIS AGREEMENT is made and entered into this day by and between King County, a home rule charter County in the State of Washington (hereinafter referred to as the "County") and the City of Auburn, a municipal corporation in the State of Washington (hereinafter referred to as the "City"). WHEREAS the City has annexed or will annex various areas of unincorporated King County (hereina~er referred to collectively as the "Annexation Area"); and WHEREAS all local governmental authority and jurisdiction with respect to the Annexation Area transfers from the County to the City upon the date of annexation; and WHEREAS the County and City agree that having the County continue to process certain annexation area building permit applications and land use applications on behalf of the City for a transitional period will assist in an orderly transfer of authority and jurisdiction; and WHEREAS this Agreement is authorized by the Interlocal Agreement Act, RCW 39.34; NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by and between the City and County as follows: 1. Building-Related Applications Review. 1.1. Except as provided in Section 1.2 below, the County shall continue to review and approve, approve with conditions, or deny all vested permit applications filed with the County before the effective date of annexation which involve property within the Annexation Area. Review shall occur in accordance with those County regulations under which the application is vested, and in a manner consistent with Sections 3 and 4 of this Agreement. Said review shall include follow-up inspections and enforcement of conditions of approval, issuance of extensions for completion of inspections, issuance of ancillary permits applied for prior to the effective date of annexation (for example, fire and mechanical) which are essential for completion of each original project permit, and Exhibit to Resolution 3163 Page 1 issuance of certificates of occupancy at completion of the project. The types of building related permits within this grant of authority include, but are not limited to: · Building permits; · Occupancy permits; · Mechanical permits; · Fire systems/fire sprinkler permits; · Hazardous material permits; · Building permit related grading and clearing permits. 1.2 The County will prepare and send to the City a list of all building related permits and applicat ons pending within the Annexation Area. Those applications which the City determines have not vested shall be excluded from further County review pursuant to this Agreement. For purposes of this Agreement, the determination of whether a particular application has vested shall be made by the City. The City and County may mutually agree to exclude from this Agreement any additional permits or applications on the list. 1.3 This Agreement does not apply to any annexation area applications transferred to the City or accepted, reviewed or otherwise processed by the City prior to January 1, 1996. 2. Land Use Related Applications Review. 2.1. Except as provided in Section 2.5 below, the County shall continue to process those vested land use related applications filed with the County before the effective date of annexation which involve property within the Annexation Area. Prgcessing shall occur in accordance with those County regulations under which the application is vested, and in a manner consistent with Sections 3 and 4 of this Agreement. The City will determine whether the land use application is vested. 2.2. For those land use applications to be processed by the County pursuant to this Agreement, the County will prepare a recommended decision to the City for use by its Hearing Examiner or designated decision-maker. 2.3. The City shall thereafter be responsible for scheduling, providing notice of, and conducting any public hearings required in conjunction with an application. County staff will, at the request of City staff, attend the public hearing. -County staff hearing Exhibit to Resolution 3163 Page 2 participation will be limited to explanation of any applicable County codes and policies, and of County staff findings of fact, analysis or recommendations. County staff will not comment on or defend other findings, analysis or recommendations presented by City staff. Notwithstanding the foregoing, the King County Examiner shall complete the public hearing in process, entertain appropriate motions for reconsideration and render a recommended decision to the Auburn City Council on those subdivision applications pending before the King County Hearing Examiner on the date of annexation. 2.4. With regard to those subdivisions, and short subdivisions and planned unit developments that have been granted preliminary approval prior to annexation, the County shall complete staff work on whatever post-preliminary approval phase or review the development is in on the date of annexation and then turn the application over to the City for all further processing. FOr purposes of this Agreement, post-preliminary approval review phases include engineering plan approval, final approval, construction inspection approval, and maintenance/defect approval. Nothing in this Agreement prohibits or limits the City from negotiating, on a case by case basis, with the County for additional work and completion of subsequent phases. All financial guarantees required of the applicant at completion of a current review phase to secure compliance with the requirements of subsequent phases, shall be filed with or turned over to the City, which shall have sole discretion on the assessment of required performance and the release of said guarantees. 2.5. The County will prepare and send to the City a list of all land use related permits and applications pending within the Annexation Area. Those applications which the City determines have not vested shall be excluded from further County review pursuant to this Agreement. For purposes of this Agreement, the determination of whether a particular application has vested shall be made by the City. The City and County may mutually agree to exclude from this Agreement any additional permits or applications on the list. 3. SEPA Compliance. 3.1. In order to satisfy the procedural requirements of the State Environmental Policy Act ("SEPA"), the City shall serve as lead agency for all applications identified in Sections 1 and 2 of this Agreement. The City shall designate and identify a SEPA Exhibit to Resolution 3163 Page 3 responsible official to make threshold determinations and to supervise the preparation and content of environmental review for projects within the Annexation Area. The responsible official shall not be an employee, officer, or agent of the County. Any and all pending or future appeals from SEPA threshold determinations and other SEPA matters relating to projects within the Annexation Area shall be heard by the City. The County will notify the City's responsible official when a SEPA determination is required and will not take final action upon the application until the responsible official has acted. The County agrees to provide technical SEPA assistance to the City's responsible official if requested. Such technical assistance shall include: · Review of an applicant's environmental checklist and collection of , . relevant comments and facts; · Preparation of a proposed SEPA threshold determination with supporting documentation for approval, publication and notice by the City's responsible official; · Preparation and submittal of a written review and comment on any appeal received on a SEPA threshold determination recommended by County staff to the City's designated appeal hearings officer; · Attendance at appeal hearings to testify with respect to analysis of environmental impacts, mitigation measures and the environmental review process; · Preparation of any required draft, final, addendum or supplemental EIS for approval of the City's responsible official; · Coordination of adopted or required SEPA measures of mitigation with ' ' project staff. 3.2. County staff will provide only such assistance as is requested by the City. 3.3. For any SEPA appeals pending before the King County Hearing Examiner at the time of annexation, the Hearing Examiner shall complete the public hearing and render a recommended decision to the City for use by its designated decision-maker. 4. Administrative and Ministerial Processin.q. 4.1. County review specified in this Agreement is intended to be of an administrative and ministerial nature only. Any and all legislative or quasi-judicial Exhibit to Resolution 3163 Page 4 decisions or decisions of a discretionary nature shall be made by the City and/or its designated decision-maker. 4.2. For purposes of this Agreement, discretionary decisions shall include, but are in no respect limited to, SEPA procedural determinations and decisions to condition or deny any permit approval on SEPA grounds; provided that, where a project's SEPA mitigations have been established as part of a mitigated determination of non- significance rendered by the County prior to annexation, unless directed to otherwise by the City, such established SEPA mitigations shall be applied by the County as project approval conditions. 5. Referral of New Requests. The County agrees to advise permit applicants that any new building or land use application or permit requested within the boundaries of the Annexation Areas must be submitted to the City. The County agrees to accept requests for permit renewals or extensions only when construction has already begun and such renewal or extension is necessary to complete the project under the terms of this Agreement. The County agrees to accept requests for ancillary permits only for mechanical or fire systems for buildings under construction and when such ancillary permits are necessary to complete construction of the same project under terr:ns of this Agreement. The County will not accept permit applications which seek to extend the use or dimensions of the project under construction, or which seek approval for free standing signs, tenant improvements or accessory structures. 6. Enforcement. The County is authorized, on behalf of the City, to enforce conditions of approval for those applications which the County has retained review authority pursuant to this Agreement. The City shall be responsible for all other enforcement actions normally taken by the County's Code Enforcement Section pursuant to KCC Title 23, including those relating to said applications. 7. Processing Priority. The County agrees to process annexation area applications in accordance with the County's administrative procedures, at the same level of service as provided County applications. Fees for any services provided by the City shall be determined under the City's fee schedule. 8. Filing Fees. Exhibit to Resolution 3163 Page 5 8.1. In order to cover the costs of performing services pursuant to this Agreement, the County shall be authorized to collect and retain such application and other fees authorized by the County ordinances or as may be modified at some future date by the County and the City. When the City takes over, the City receives the balance of the fees paid by the applicant. 8.2. For all applications excluded from County processing or transferred to the City pursuant to terms of this agreement, the County will retain the base permit fee and a percentage of fees equivalent to the percentage of permit processing and administration performed by the County on the application. Any remaining application fee amounts received by the County prior to exclusion or transfer shall be promptly forwarded to the City. 8.3. For any annexation area applications erroneously received by King' County following the effective date of incorporation, the County shall return fees collected directly to the applicant. 9. Termination. Either party may terminate this Agreement upon providing at least thirty (30) days written notice to the other party. 10. Termination Procedures. Upon termination of this Agreement, the County shall cease further processing, enforcement, and related review functions with respect to applications identified in Sections I and 2 of this Agreement. The County shall thereupon transfer to the City those application files and records, posted financial guarantee instruments, and unexpended portions of filing fees for pending land use and building related applications within the annexation Area. Transfer documents shall specify the work performed to date on the applications and shall be signed by the appropriate County official. Upon transfer, the City shall notify affected applicants that it has assumed all further processing responsibility. 11. Duration. This Agreement shall become effective upon signature of both parties and will terminate five years thereafter unless otherwise terminated as provided in Section 10. 12. Application Process. The County and the City will each prepare and have available for applicants and other interested parties a document describing the handling of applicants based on this Agreement. Exhibit to Resolution 3163 Page 6 13. Legal Representation. Except as et forth in Section 14 below, and except for such routine advice as may be provided to the County in furtherance of its services as described in this Agreement, the services to be provided by the County pursuant to this Agreement do not include legal services, which shall be provided by the City at its own expense. This limitation is intended to apply to legal services enforcing conditions of development-related financial guarantee instruments. 14. Indemnification. 14.1. The County shall indemnify and hold harmless the City and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that the City retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 14.2. The City shall indemnify and hold harmless the County and its officers, agents and employees of any of them from any all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, of any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the County, the City shall defend the same it its sole cost and expenses; provided, that the County retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, and any of them, the City shall satisfy the same. 14.3. The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from Exhibit to Resolution 3163 Page 7 the'concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this Section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 15. Administration. This Agreement shall be administered by the Direction of the King County Department of Development and. Environmental Services or his/her designee, and by the City.of Auburn PubliC.Works.DireCtoi', or his/her designee. 16. Subsequent Annexations. This Agreement shall govern all annexations to the City effective after January 1, 2000 in which applications for development approval are pending with the County at the time of annexation. Processing of vested development applications within future annexation areas shall commence under the terms of this Agreement after the City provides written notice of the annexation to the Dir&ctor of King County Department of Development and Environmental Services requesting that the County continue to process such applications in accordance with this Agreement. Following receipt of such a notice, the County shall provide a list of all pending applications to the City, and the parties may thereafter exclude applications from County's processing in the manner set forth in Sections 1.2 and 2.5 above. 17. Amendments. This Agreement is the complete expression of the terms hereto and any oral representation or understandings not incorporated herein are excluded. Any modifications to this Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. King County Dated King County Executive Exhibit to Resolution 3163 Page 8 Approved as to Form: King County Prosecuting Attorney By: Dated City of Auburn O,E,.x f4 . /- / Charles A. Booth Dated Mayor' P r°V~% /- / j'- Michael Reynolds Dated City of Auburn Attorney Dani Daskam City of Auburn City Clerk Exhibit to Resolution 3163 Page 9