HomeMy WebLinkAbout3194 RESOLUTION NO. 3 q 9 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, ENACTING AN AMENDED 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, AND ADOPTING
PORTIONS OF THE KING COUNTY FEE SCHEDULE WHICH APPLY
SOLELY TO THE COSTS OF PROCESSING THOSE PERMITS AND
APPLICATIONS.
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, in order for the County to complete project reviews initiated
prior to the effective date of annexation the City must enable the County to
charge the appropriate permit fees; and
WHEREAS, these responsibilities and related actions should be clearly
established through an interlocal agreement between the City and County,
WHEREAS, the City and the County have cooperatively developed an
amended interlocal agreement which supplants the Agreement authorized by
Resolution 3163 on January 18, 2000;
Resolution 3194
February 22, 2000
Page 1
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, which is attached hereto as Attachment "A"
and incorporated herein by reference.
Section 2. The City of Auburn adopts and authorizes the County to
charge permit fees as appropriate for the processing and review of permits as
agreed to in the interlocal agreement, using the King County Fee Schedule,
which is attached hereto as Attachment "B" and incorporated herein by
reference.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Dated and Signed this 22'd day of February, 2000.
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
Resolution 3194
February 22, 2000
Page 2
ATTEST:
~~askam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution 3194
February 22, 2000
Page 3
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 the City of Auburn, a municipal
corporation in the State of Washington (hereinafter referred to as the "City") and King County, a home
rule charter County in the State of Washington (hereinafter referred to as the "County").
WHEREAS, on February 29, 2000, the City will incorporate an area of unincorporated King County
described in Attachment 1 and may thereafter annex additional areas of unincorporated King County
(collectively referred to 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 County staff process various Annexation Area
building permits 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, the City and County intend through this Agreement to achieve a smooth transition from
County to City of application review in the Annexation Area by continuing, in part, the County's review
of building and land use permit applications on behalf of the City as specified herein and by establishing
procedures for transferring land use decision making and permit application information regarding such
applications to the City; and
WHEREAS, it is the parties' intent by virtue of this Agreement that any and all discretionary decisions
shall be made by the City; and
WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW 39.34;
NOW, THEREFORE, in consideration of the terms and provisions, it is agreed by and between the City
and the County as follows:
1. Enactment. Application review conducted by the County pursuant to this Agreement shall occur
in accordance with County building and development standards in existence on the application vesting
date. The City shall adopt legislation authorizing the County to charge applicants fees in amounts
currently specified or hereafter adopted in King County Code Title 27 for applications processed by the
County in accordance with the terms of this Agreement.
2. Pre-annexation Building Permit Applications Filed with King County.
2.1 Except as otherwise provided for herein, the County shall continue to review on behalf of
the City all vested, Annexation Area building permit applications that were both (1) filed with the
Resolution 3194
Exhibit A
Page 1
County and (2) either issued a SEPA threshold determination or deemed exempt from SEPA before the
effective date of annexation. Review by the County shall occur in accordance with the regulations to
which the applications are vested. Any decision regarding whether or when an application has vested
shall be made by the City.
2.2 Except as provided in Section 4 of this Agreement, the County's review of building-
related permits (which include but are not limited to building permits, mechanical permits, fire
systems/fire sprinkler permits, and grading and clearing permits) shall include rendering decisions to
approve, condition or deny such applications; conducting inspections; issuing correction notices,
certificates of occupancy, permit extensions and completion of extensions; and evaluating compliance
with approval conditions that extend beyond issuance of a certificate of occupancy. The County agrees to
consult with the City prior to rendering any administratively appealable building-related permit decision.
Appeals of building related permit decisions, if any, shall be processed by the City in the same manner
as appeals of land use permits are addressed in Section 3.4; provided that the City and County may agree
to have the County conduct such appeals on behalf of the City in particular instances where such
processing by the County would further the orderly transition envisioned by this Agreement.
2.3 The County shall receive and process any permit applications made following annexation
that implement conditions of a Commercial Site Development permit issued by the County prior to
annexation. The County shall additionally receive and process ancillary permit applications, such as fire
and mechanical permits, that are made following annexation and that are essential for completion of an
approved project permit.
2.4 Notwithstanding Paragraph 2.3, applications for tenant improvement permits and sign
permits made prior to annexation shall be processed by the County. Such applications made following
annexation shall be referred to the City for all further processing.
2.5 The County shall review and make a recommendation to the City on requests to renew
County permits within the Annexation Area that are approaching' their expiration date without having
completed the permitted activity. The City shall render any final decisions on such requests.
2.6 King County shall review and render decisions on requests for changes to approved
building permit plans up to the time that either a certificate of occupancy is issued or final construction
approval has been issued for the project. Following issuance of the certificate of occupancy or final
construction approval, requests for changes to the approved set of plans shall be referred to the City. The
City intends to process such requests as new permit applications.
2.7 The County shall review and make recommendations to the City's designated decision
maker on applications to vary adopted road or drainage standards that are made in conjunction with a
building related application being reviewed by the County pursuant to this Agreement. All final
decisions on such variance applications shall be rendered by the City. The County shall consult with the
City's review staff prior to making its recommendation on such applications.
Resolution 3194
Exhibit A
Page 2
2.8 The County shall only review those pending grading permit applications within the
Annexation Area that are associated with a plat application being reviewed by the County pursuant to
this Agreement. Any other grading permit applications within the Annexation Area shall be tumed over
to the City for all further processing.
3. Pre-annexation Land Use Permit Applications Filed with King County.
3.1 Except as otherwise provided for herein, the County shall continue to review on
behalf of the City all vested land use permit applications filed with the County before the
effective date of annexation that involve property within the Annexation Area. Review by the
County shall occur in accordance with the regulations to which the applications are vested. Any
decisions regarding whether or when an application has vested shall be made by the City. The
types of land use related permits within this grant of authority include, but are not necessarily
limited to:
Preliminary and Final Plats
Preliminary and Final Short Plats
Preliminary and Final Binding Site Plans
Revisions and Alterations to Plats, Short Plats and Binding Site Plans
Conditional Use Permits
Boundary Line Adjustments and Lot Determinations
Forest Practices
Sensitive Areas: Reasonable Use Exceptions and Utility Exemptions
Shoreline Permits and Exemptions
Commercial Site Development Permits
Special Use Permits
Zoning and Shoreline Variances
Right-of-Way Use Permits associated with building or land use permit applications being
reviewed by the County pursuant to this Agreement
3.2 For those vested land use applications that do not require a public hearing prior to
issuance, the County will continue to process such applications and shall make a report and
recommendation to the City's designated decision-maker based upon the regulations under which the
applications are vested. Any decisions to approve, deny, or approve with conditions such applications
shall be made by the City.
3.3 Notwithstanding any other provision of this Agreement, applications for any rezone and
any associated permit applications shall be referred to the City for all further processing.
3.4 For those vested land use applications that require quasi-judicial or legislative approval,
e.g., subdivision, or which involve administrative appeals, the County shall prepare a report and
recommendation to the City's designated decision-maker for a final decision. The City's decision-maker
shall not be a County employee. The City shall be responsible for scheduling, providing notice,
conducting any public hearings required, and making any decision in conjunction with the application.
Resolution 3194
Exhibit A
Page 3
County staff may attend the public hearing to testify with respect to analysis set forth in the County's
report and recommendation.
3.5. The County shall continue to review those vested subdivision, short subdivision and
binding site plan applications that have not yet received preliminary approval up to the point of making a
recommendation to the City's designated decision maker on preliminary approval. At the request of the
City, County staff shall appear before the City decision maker to discuss analysis set forth in the
County's recommendation.
3.6 For those vested subdivision, short plat and binding site plan applications that have
received preliminary approval prior to annexation, the County shall continue its review up to the point of
making a recommendation to the City on whatever post-preliminary review phase the development is in
at the time of annexation. For purposes of this section, post-preliminary review phases include:
engineering plan approval, final plat, short plat or binding site plan approval, and construction inspection
approval. All final decisions on any of the post-preliminary review phases shall be rendered by the City.
The City shall assume review of the project for all subsequent post-preliminary review phases.
3.7 The County shall review and make recommendations to the City's designated decision
maker on applications to vary adopted road or drainage standards that are made in conjunction with a
land use application being reviewed by the County pursuant to this Agreement. All final decisions on
such variance applications shall be rendered by the City.
3.8 King County shall review and render decisions on requests for changes to approved land
use permit engineering plans up to the time that final construction approval has been issued for the
project. Following issuance of final construction approval, requests for changes to the approved set of
plans shall be referred to the City.
4. List of Projects. Notice of Meetings and Option to Exclude.
4.1 The County will prepare and send to the City a monthly list of all building, land use and
associated ancillary permit applications pending within the Annexation Area as of the date of
annexation. The list shall include the status of the projects as it is shown in the County Permits Plus
system. The City or County may at any time exclude from this Agreement any application(s) on any such
list upon providing to the County or City ten days advance written notice of its intent to exclude the
application(s). Upon excluding any application from review under this Agreement, the County shall tum
the application over to the City for all further processing.
4.2 The County shall notify the City of all technical screening meetings, pre-construction
conferences and engineering pre-submittal meetings for projects being reviewed by the County under
this Agreement. Such notice shall be provided promptly upon scheduling of the meeting. The City may
participate in these meeting to leam more about the project and to offer comments.
Resolution 3194
Exhibit A
Page 4
4.3 The County shall provide the City with a copy of files and records of all land use and
building permit applications processed under this Agreement upon completion of permit review or
termination of the Agreement under Section 11, whichever comes first.
5. SEPA Compliance.
5.1. In order to satisfy the procedural requirements of the State Environmental Policy Act
(SEPA), the City shall serve as lead agency for all Annexation Area building permit and land use
applications, including those being processed by the County pursuant to this Agreement. The City shall
designate and identify a SEPA responsible official to make threshold determinations and to supervise the
preparation and content of environmental review for projects within the City. The responsible official
shall not be an employee, officer, or agent of the County.
5.2. Any and all appeals from SEPA threshold determinations and other SEPA matters
relating to projects within the City shall be heard and decided by the City.
5.3. For those permit applications requiting a SEPA determination, the County will not take final
action upon the application until the City's responsible official has acted. Upon written request with
regard to a particular project being reviewed by the County, the County agrees to provide technical and
administrative SEPA assistance to the City's responsible official on that project. Such assistance may
include, but is not limited to:
· 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 County on behalf of 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; and
· coordination of adopted or required SEPA measures of mitigation with project review staff.
5.4. Any decision whether to condition or deny an application on SEPA grounds shall be made
by the City.
6. Administrative and Ministerial Processing. County review specified in this Agreement is
intended to be of an administrative and ministerial nature only. Any and all legislative or quasi-judicial
decisions or decisions of a discretionary nature shall be made by the City and/or its designated decision-
maker.
Resolution 3194
Exhibit A
Page 5
7. Code Enforcement and Financial Guarantees.
7.1. Within a reasonable period following the effective date of this Agreement, the County
shall provide the City with a list and brief explanation of all Annexation Area code enforcement cases
under review by the County at the time of annexation. The City shall be responsible for undertaking any
code enforcement actions following the date of annexation. The County shall provide the City with
copies of any annexation area enforcement files requested by the City.
7.2 Any financial guarantee that is intended to secure compliance with Application Area
project conditions shall be tamed over to or posted with the City, which shall have sole authority and
discretion over its release and/or enforcement. The City shall be solely responsible for making any
demands or initiating any legal action to enforce financial guarantees for Annexation Area projects.
7.3 Code enforcement abatement actions necessary to eliminate public health or safety
hazards shall be the sole responsibility of the City.
8. Processing Priority. Within budgetary constraints, the County agrees to process pre-annexation
building and land use applications in accordance with the County's administrative procedures, at the
same level of service as provided to County applications.
9. Fees and Reimbursement.
9.1 In order to cover the costs of providing services pursuant to the terms of this Agreement,
the County is authorized to collect and retain such application and other fees authorized by the County
fee ordinances adopted by the City pursuant to Section 1 above, or as may be modified at some future
date by the County and the City.
9.2 For all applications excluded f~om County processing or transferred to the City pursuant
to the 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.
9.3 In order to cover the costs of providing review, technical and administrative assistance,
and other services not otherwise reimbursed pursuant to this Agreement, including but not limited to
providing testimony at public hearings, the City shall pay the County at an hourly rate of $132.00, or at
such other hourly rate as is later specified in that version of King County Code Title 27 which is in effect
at the time the services are performed. The County shall not seek reimbursement under this paragraph
for review services performed on an individual permit application where the County has already been
fully compensated for such services by the receipt of permit application review fees. The County shall
provide the City with quarterly invoices for assistance and services provided, and the City shall tender
payment to the County within thirty days after the invoice is received.
Resolution 3194
Exhibit A
Page 6
10. Duration. This Agreement shall become effective upon approval by the City and the County and
shall continue until March 1, 2004, unless otherwise terminated in accordance with paragraph 11 or
extended in accordance with paragraph 12.
11. Termination. Either party may terminate this Agreement upon providing at least sixty (60) days
written notice to the other party. Upon expiration or termination of this Agreement, the County shall
cease further processing and related review of applications it is processing under 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. Upon transfer, the City shall be responsible for notifying
affected applicants that it has assumed all further processing responsibility.
12. Extension. The City and County may agree to extend the duration of this Agreement through
March 1, 2008 or to a date prior thereto. In order for any such extension(s) to occur, the City shall make
a written request to the County not less than sixty (60) days prior to the otherwise applicable expiration
date. Any agreement by the County to the proposed extension(s) shall be made in writing. If the parties
have not agreed to the extension in writing by the otherwise applicable expiration date, the Agreement
shall expire.
13. 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 applications based on this
Agreement.
14. Indemnification, Hold Harmless and Defense.
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 or governmental or public law is involved, and if final
judgment be rendered against the City and its officers, agents, and 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 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
City, 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 county, the City shall defend the same at its sole cost and expense, provided that the County retains
the right to participate in said suit if any principal of govemmental or public law is involved; and if final
Resolution 3194
Exhibit A
Page 7
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 or any of them, the City
shall satisfy the same.
14.3 The City and the County acknowledge and agree that is such claims, actions, suits,
liability, loss, costs, expenses and damages are caused by or result from 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.
14.4 In executing this Agreement, the County does not assume liability or responsibility for or
in any way release the City from any liability or responsibility that arises in whole or in part from the
existence or effect of City ordinances, rules, regulations, policies or procedures. If any cause, claim, suit,
action or proceeding (administrative or judicial), is initiated challenging the validity or applicability of
any City ordinance, rule or regulation, the City shall defend the same at its sole expense and if judgment
is entered or damages awarded against the City, the County, or both, the City shall satisfy the same,
including all chargeable costs and attorneys' fees.
15. Personnel. Control of County personnel assigned by the County to process applications under this
Agreement shall remain with the County. Standards of performance, discipline and all other aspects of
performance shall be govemed by the County.
16. Administration. This Agreement shall be administered by the County Director of Development
and Environmental Services or his/her designee, and by the City Planning Director, or his/her designee.
17. Amendments. This Agreement is the complete expression of the terms hereto and any oral
representation or understanding not incorporated herein are excluded. Any modifications to this
Agreement shall be in writing and signed by both parties.
18. Legal Representation. 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.
19. Notice of Annexation Area Processing. In the event that the City intends for the County to
conduct permit review in any future City Annexation Area pursuant to this Agreement, the City shall
provide the County with written notice of its intent no less than sixty days prior to the date County
processing of such Annexation Area applications would occur.
20. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection
and benefit of the parties hereto. No other person or entity shall have any right of action or interest in this
Agreement based upon any provision set forth herein.
ATTACHMENT: Map and Legal Description of February 29, 2000 Annexation Area.
Resolution 3194
Exhibit A
Page 8
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
KING COUNTY
Dated
Approved as to Form:
NORM MALENG
King County Prosecuting Attorney
By: r eputy Pr~m ~'
Senio ey Dated
CITY OF AUBURN
Auburn City Mayor Dated
Approved as to Form:
Auburn City Attorney Dated
Resolution 3194
Exhibit A
Page 9