Skip to main content
Loading…
This section is included in your selections.

The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning.

A. “Act” means the Growth Management Act, Chapter 36.70A RCW, as now in existence or as hereafter amended.

B. “Building permit,” for the purposes of this chapter only, is defined as: (1) an official document or certification issued by the city that authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, relocation, or repair of a building or structure; (2) a business license issued by the city associated with a change in building occupancy of an existing building or structure; or (3) a change in land use where no building permit is required.

C. “Capital facilities plan” means the capital facilities plan element of the city’s comprehensive plan adopted pursuant to Chapter 36.70A RCW, and such plan as amended.

D. “City” means the city of Auburn.

E. “Council” means the city council of the city of Auburn.

F. “Department” means the department of public works.

G. “Development activity” means (1) any construction or expansion of a building structure; (2) any change in occupancy of a building or structure; or (3) any change in land use.

H. “Director” means the director of the department of public works or the director’s designee.

I. “Downtown plan area” means the study area as identified and adopted in the City of Auburn Downtown Plan dated May 2001 that is defined by the boundary of the Union Pacific Railroad on the west and State Route 18 on the south. The eastern boundary is defined as “F” Street SE from State Route 18 to East Main Street, East Main Street from “F” Street SE to “E” Street SE, and “E” Street NE from East Main Street to 4th Street NE. The northern boundary is defined as 2nd Street NW from the Interurban Trail to “D” Street NW, 3rd Street NW/NE from “D” Street NW to Auburn Avenue, and 4th Street NE from Auburn Avenue to “E” Street NE. For the purposes of this chapter, the downtown plan area boundary has been slightly modified to avoid bisecting properties.

J. “Dwelling unit” means a building, or portion thereof, designed for residential occupancy, consisting of one or more rooms which are arranged, designed or used as living quarters for one family only.

K. “Encumber” means to reserve, set aside or otherwise earmark the impact fees in order to pay for commitments, contractual obligations or other liabilities incurred for public facilities.

L. “Feepayer” is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity, commencing a land development activity or land use change which creates the demand for additional transportation facilities, and which requires the issuance of a building permit. “Feepayer” includes an applicant for an impact fee credit.

M. “Gross floor area (GFA)” means the sum of the area of each floor level of a building (expressed in square feet), including cellars, basements, mezzanines, penthouses, corridors, lobbies, stores, and offices, that are within the principal outside faces of exterior walls, not including architectural setbacks or projections. Included are all areas that have floor surfaces with clear standing head room (six feet six inches minimum) regardless of use. With the exception of buildings containing enclosed malls or atriums, GFA is equal to the gross leasable area (GLA) and gross rentable area.

N. “Gross leasable area (GLA)” means the total floor area designed for tenant occupancy and exclusive use, including any basements, mezzanines, or upper floors, expressed in square feet. For the purposes of the trip generation calculation, the floor area of any parking garages within the building shall not be included within the GLA of the entire building. GLA is the area for which tenants pay rent; it is the area that produces income for the property owner.

O. “Hearing examiner” means the examiner who acts on behalf of the council in considering and applying land use regulatory codes as provided under Chapter 2.46 ACC. Where appropriate, “hearing examiner” also refers to the office of the hearing examiner.

P. “Impact fee” means a required payment of money imposed by the city of Auburn on development activity pursuant to this chapter as a condition of issuing a building permit to pay for the transportation facilities needed to serve new growth and development.

Q. “Impact fee account” or “account” means the account established for the transportation impact fees collected. The account shall be established pursuant to ACC 19.04.090, and comply with the requirements of RCW 82.02.070.

R. “Independent fee calculation” means the transportation impact calculation prepared by a feepayer to support the assessment of an impact fee other than by the use of the current ITE Trip Generation Manual.

S. “Interest” means the interest rate earned by local jurisdictions in the State of Washington Local Government Investment Pool, if not otherwise defined.

T. “Multiple-family dwelling” means a building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling units.

U. “Owner” means the owner of record of real property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property.

V. “PM peak hour” means the hour of the highest transportation demand for the entire Auburn transportation system which, between noon and midnight, typically occurs between the hours of 4:00 p.m. and 6:00 p.m.

W. “Single-family dwelling” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. A manufactured home may be considered a one-family dwelling, if sited per Chapter 18.31 ACC.

X. “Square footage” means the square footage of the gross floor area or gross floor leasable area of the development.

Y. “State” means the state of Washington.

Z. “Transportation project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development or users of the project, and are not transportation system improvements. No transportation improvement or facility included in a capital facilities plan approved by the council shall be considered a transportation project improvement.

AA. “Transportation system improvements” means transportation facilities that are included in the city of Auburn’s capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to transportation project improvements.

BB. “Grandfathering” means that existing land uses of a property in effect on July 1, 2001, the initial effective date of the impact fees ordinance, are entitled to system capacity credits determined by the adopted impact fees rate schedule.

CC. “Surplus credits” means credits over and above those calculated as an impact fee. For example:

1. In grandfathering calculations, if the difference between a proposed use fee minus existing use credit results in a positive number, the result is the impact fee due.

2. In grandfathering calculations, if the difference between a proposed use fee minus existing use credit results in a negative number, the result is the surplus credit and no impact fee would be due. Current practice is to not pay out in real dollars the calculated surplus credit.

In off-site system capacity improvements or ROW dedication it is also possible to create sufficient value that results in a surplus credit.

DD. “Change in use” for the purposes of this chapter means a different use as set forth in the identification of uses for the various fees for uses in the ITE Trip Generation Manual or by an independent fee calculation.

EE. “ITE Trip Generation Manual” means the current edition of the manual promulgated and published by the Institute of Transportation Engineers.

FF. “Emergency public interest area” means the area defined as King County Tax Parcel No. 0721059053, located at 901 Auburn Way N., Auburn, WA 98002, described more particularly as follows:

Lots 1, 2 and 3 of City of Auburn Short Plat No. SPL0009-98, according to short plat recorded April 20, 1999, under recording No. 9904202125, in King County, Washington, and as shown below:

(Ord. 6792 § 1 (Exh. A), 2020; Ord. 6341 § 3, 2011; Ord. 6199 § 1, 2008; Ord. 6197 § 1, 2008; Ord. 6089 § 1, 2007; Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.)