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HomeMy WebLinkAboutExhibit 09ORDINANCE NO. 6 3 8 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 16.06.020 OF THE AUBURN CITY CODE; AND ADDING A NEW CHAPTER, 18.80 TO THE AUBURN CITY CODE - NORTHEAST AUBURN SPECIAL AREA PLAN AND AUBURN GATEWAY PLANNED ACTION," RELATING TO SPECIAL AREA PLANS WHEREAS, RCW 43.21C.031 and WAC 197-11-164, -168, and -172 provide for the integration of environmental review with land use planning and project review through designation of "Planned Actions" by jurisdictions planning under the Growth Management Act (°GMA"); and. WHEREAS, designation of a Planned Action expedites the development review process for subsequent, implementing projects whose impacts have been previously addressed in a planned action environmental impact Statement ("EIS"), and thereby encourages growth and economic development; and WHEREAS, the Northeast Aubum Special.Area Plan planning area consists of approximately 120 acres of property within the Aubum city limits generally bounded by Aubum Way North, South 2774h Street, 45th Street NE, and the existing undeveloped right-of-way of I Street NE. The planning area includes the Aubum Gateway project area. The Aubum Gateway project area consists of approzimately 70 acres that includes the Valley 6 Drive-in Theater and several adjacent properties, and is proposed to be developed in a phased, mixed use development; and WHEREAS, the Planning and Development Department has conducted a thorough review of the development anticipated wi4hin the Aubum Gateway project area; and prepared an Environmental Impact Statement (EIS) and addenda to the EIS Ordinance No. 6382 November 16, 2011 Page 1 of 12 under the State Environmental Policy Act (SEPA), and provides for mitigation measures and other conditions to ensure that such future development-will not create signficant adverse environmental impacts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN; WASHINGTON, DO ORDAIN.as follows: Section 1. Amendment to Citv Code - Environmental Review Procedures. That Section 16.06.020 of the Auburn City Code be and the same hereby is amended to read as follows: 16.06.020 Adoption by reference. The following sections of Chapter 197-11 WAC,.inciuding any amendments thereto, are adopted by reference as if fully set forth herein: WAC 197-11-040 Definitions. 197-11-050 Lead agency. 197-11-U55 Timing of the SEPA process. 197-11-060 Content of environmental rediew. 197-11-070 LimitationsonactionsduringSEPAprocess. 197-11-080 Incomplete or unavailable information. 197-11-090 Supporting documents. 197-11-100 Information.reguired of applicants. 197-11-164 Planned actions—:Definition and criteria. 197-11-300 Purpose of this part. 197-11-305 Categorical exemptions. 197-11-310 Threshold determination required. 197-11-315 Environmental checklist. 197-11-330 THreshold.determination process. 197-11-335 Additional informafion. 197-11-340 Determina4ion ofnonsignificance (DNS). 197-11-350 Mitigated DNS. 197-11-360 Determination ofisignificance (DS)! initiation of scoping. 197-11-390 Effect of 4hreshold determination. 197-11-400 Purpose of EIS. 197-11-402 General requirements. 19711-405 EIS types.. 197-11=406 EIS timing. 19Z=11-408 Scoping. 197-11-410 ExpandedscQping. 197-11-420 EIS preparation. . Oriiinance No 6382 November 16, 2011 Page 2 of 12 197-11-425 Style and size. 197-11-430 Format. 197-11-435 Coverlettecor mema 197-11-440 EIS corrtents. 197-11-442 Contents of EIS on nonproject proposals. 197-11-443 EIS contents wlien prior nonproject EIS. 197-11-444 Elements of the environment. 197-11-448 Relatianship of EIS to other considerations. 197-111450 Cost-bene,fit anatysis. 197-11-455 Issuance of DEIS. 197-11 60 Issuance of FEIS. . 197-11-500 Purpose of this part. 197-11-502 Inviting commenf. 197-11-504 AVailability and cost of environmental documents. 197=11-508 SERA register. 197-11-510 Public notice. • 197-11-535 Public hearings and meetings. 197-11-545 Effect of no cominerrt. 197-11-550 Spec city of commerrts. 197-11-560 FEIS response to c:omments. 197-11-570 Consulted agency sts to assist lead agency. 197-11-600 When to use existing environmental'documents. 197-11-610 Use of NEPA documents. 197-11-620 Supplemental enyironmental impact statement— Procedures. 197-11-625 Addenda—Procedures. 197-11 30 Adoption —Procedures. 197-11-635 Incorporation by reference— Procedures. 197-11-640 Combining documents. 197-11-650 Purpose of this part. 197-11-655 Implementation. 197-11-660 Substantive authority and mitigation. 197-11 80 Appeals. 197-11-700 Definitions. 197-11-702 Act. 197-11-704 Action. 197-11-706 Addendum. 197-11-708 Adoption. 197-11-710 Affected tribe. 197-11-712 Affecting. 197-11-714 Agency. 197-11-716 Applicant. 197-11-718 Built environment: 197-11-720 Categorical.exemption. 197-1.1-722 Consolidated appeaL 197-11-724 Consufted agency. 197-11-726 Cost-benefit analysis. Ordinance No. 6382 November 16,2011 Page 3 of 12 197-11-728 County/city. 197-11-730 Decision maker. 197-11-732 Department. 197-11-734 Determination of nonsignificance (DNS): 197-11 736 Determination of significance (DS). 197-11=738 EIS. 197-11-740 Environment. 197-11-742 Environmental checklist. 197-11-744 Environmental document. 197-11-746 Environmental review. 197-11-748 Environmen4ally sensitive area 197-11-750 Expanded scoping. 197-11-752 Impacts. 197-11-754 Incorporation:by reference. 197-11-756 Lands covered'by water. 197-11-758 Lead agency. 197-11-760 License. 197-11-762 Local agency. 197-11-764 Major action. 197-11-766 Mitigated DNS. 197-11-768 Mitiga4ion. 197-11-770 Natural environment. 197-11-777 NEPA: 197-11-774 Nonproject: 197-11-776 Phased review. 197-11-778 Preparation. 197-11-780 Private project. 197-11-782 Probable. 197-11-784 Proposal. 197-11-786 Reasonable alternative. 197-11-788 Responsible offcial. 197-11-790 SEPA. 197-11-792 Scope. 197-11-793 Scoping. 197-11-794 Sign cant. 197-11-796 State agency. 197-11-797 Threshold determination. 197-11-799 Underlying goverrimental action. 197-11-800 Categocicaf exemptions. 197-11-880 Emergencies. 197-11-890 Petitioning DOE to change exemptions. 197-11-900 Purpose of this part. 19Z-11-902 Agency SEPA policies. 197-11-916 Application to ongoingactions.. 197-11-920 Agencieswith environmental expertise. 197-11-922 Lead agency rules. Ordinance No 6382 November 16, 2011 Page 4 of 12 197-11-924 Determining the lead agency. 197-11-926 Lead agency for govemmental proposals. 197-11-928 Lead agency#or publicand private proposals. 197-11-930 Lead agency for private projects with one agency with jurisdiction. 197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. 197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or rimore state agencies. 197-11-936 Lead agency for private projects requiring licenses from more than one state agency. 197-11-938 Lead agencies for specific proposals. 197-11-940 Transfer of lead agency status to a state agency. 197-11-942 Agreements on lead agency status. 197-11-944 Agreements on division of lead agency duties. 197-11-946 DOE resolution of lead agency disputes. 197-11-948 Assumption of lead agency status. 197-11-960 En"vironmental checklist. 197-11-965 Adoption nofice. 197-11-970 Determination of nonsignificance (DNS). 197-11-980 Determination of sign cance and scoping notice (DS). 197-11-985 Notice of assumption of lead agency status. 197-11-990 No6ce of action. Ord. 4840 § 1, 1996.) Section 2 New Chaater to Citv Code. A_ new Chapter, 18.08 "Northeast Au6um Special Area Plan" is added to the City Code to read as follows: Chapter 18,08 Northeast_Auburn Special Area Plan and Aubum Gateway Planned Action Sections 18.08.010 Purpose 18.08.020 Findings.related to the Northeast Aubum Special Area Plan 16.08.030 Applicability 18.08.040 Thresholds: 18.08.050 Review Criteria 18.08.060 Effect of Planned Action designation 18.08.070 Permit Process 18.08.080 Mitigation Measu[es 18.08.010 Purpose of the!Planned Action. The purpose of this Chapter is ta A. Set forth a prooedure designating certain p oject actions within a specific subject site as"Planned Actions" consistent with state law, RCW 43.21C.031; and, Ordinance No.6382 November 16, 2011 Page 5 of 12 B. Provide the public with an understanding as to what constitutes a Planned Action and how land use applications which qualify as Planned Actions will be processed by the City; and, C. Streamline and expedite the development review process for thia designated planned action' by relyirig on completed and existing detailed environmental analysis for the subject site; D. Gombine environmental analysis with land use planning; and D. Apply the City's development regulations together with the mitigation measures described in the Environmental Impact Statement(EIS) and this Ordinance to address the impacts of future development contemplated 6y the Planned Action. 18.08.020 Findings related to the Northeast Aubum Special Area Plan After thorough review and consideration, the city council makes the following findings: A. The Northeast Aubum. Special Area Plan ("subarea plan") and 'Rs accompanying draft and final endirbnmental impact statement ("EIS") and EIS addenda have analyzed and addressed all of the pro6a61e significant environmental impacts associated with the land uses allowed by the city's development regulations and described in the subarea plan as to the Northeast Aubum,Special Planning Area. B. The analysis contained in the subarea plan and EIS and, addenda is adequate to identify the probable environmental impacts of developments allowed under the city's development regulations which were not previously analyzed in the comprehensive plan and its accompanying environmental documents. C. The mitigation measures ident ed in the environmental element of the subarea plan, EIS and EIS addenda, together with the regulations in the city's development code, are adequate to identify and mitigate the probable significant environmental impacts ofi the land uses and developments considered within the planned action and subareaplamand EIS documents. D. The expedited development review procedure in this chapter is consistent with law, will be a benefit to the public, will protect the environment, and will enhance the city's economic clevelopmerrt. E. The public interest will be served by implementing the expedited development review procedure set forth in this chapter. F. Public involvement and review of the subarea plan and EIS and addendum have been extensive and meet the requirements of law, and have been sufficient to ensure that the subarea plan anci EIS bear a sulistantial relationship to the public interest, health, safety, and welfare. G. The land uses identified in the subarea plan for the Northeast Auburn Special Area are consistent with and will'implement the comprehensive plan. H. Northeast Aubum Special'Area is here6y designated a planned action. 78.08.030 Applicability of the Planned Action. A. Planned Action Area: This Chapter applies to approximately 70 acres included in the Aubum Gateway project area as described in the Northeast Aubum/Robertson Properties Special Area Plan EIS, Is'sued by the City on July 30, 2004 (and any addenda thereto) and the adoption of tfie Northeast Aubum/Robertson Ordinance No. 6382 November 16, 2011 Page 6 of 12 Properties Special Area Plan. Any other planned action for which the impacts have been studied in an EIS shall also meet the requirements of this Chapter, be approved by the Planning and Community Development Director (Director), and be designated as a planned action by resolution of the City Council before it shall be entitled to review and treatrnent as a planned action under this Chapter. B. Environmental Document: A planned action for a site-specifia development shall be based on the environmental analysis corrtained in the Northeast Aubum/Robertson Properties Special Area Plan EIS; Issued by the City on July 30, 2004 (and any addenda thereto.) The mitigation requirements in this Chapter are based on the Northeast Aubum/Rotiertson Properties Special Area Plan EIS. These requirements, together with City codes, ordinances, and standards provide fhe framework for the decision by the City to impose conditions on a Planned Action project. C. Planned Action Designated: Uses and activities described in the Northeast Aubum/Robertson PropeRies Special Area Plan EIS and (any addenda. thereto) subject to thresholds (ACC 18.08.040) and mitigation measures established by this Ordinance, are designated planned actions pursuant to RCW 43.21 C.031. 18.08.040 Planned Action Thresholds Subject to the zoning regulations for the site and the mitigation measures described in this Chapter, the. maximum levels of deyelopment described below have been evaluated in the Northeast AuburNRobertson Properties Special Area Plan EIS, as described in the EIS (anii any addenda thereto), are planned actions pursuant to RCW 43.21.C.031. In order 4o qualify as a planned acEion total cumulative developmerrt within the Aubum Gateway project area that has been permitted under this ordinance shall meet all of the following criteria: A. Land Use: 1. The following are the primary categories of uses authorized under this planned action: a. Office b. Retail c.Multifamily residential 2. Land use review threshold. The planned action designation applies to future development proposals wRhin the Aubum Gateway project area which are within the range evaluated in the Northeast Aubum/Robertson Properties Special Area Plan EIS and the EIS addendum as shovm below. Use Maximum Allowable Maximum Structure Hei ht MuRifamil Residences 500 dwellin units 75 feet Retail uses 720,000 s uare feet 75 feet Office uses 1,600;OOOs uare feet. ' 75feet B. Transportation: 1. Trip Ranges: Cumulatiye development within the Aubum Gateway project area that does not exceed the following range of trip generation from all uses developed within the Aubum Gateway project area shall qual'rfy as a planned action: Ordinance No. 6382 November 16, 2011 Page 7 of 12 Maximum Net New (non-pass by) Trip Generation Allowable in the Aubum Gateway Pro'ect Area Time Ran e Net New Tri s AMPeakHour rima 1,862 PM Peak Hour rima 2,419 Daily Total 18,920 Non-Pass-by Trips ("Aubum Gateway Transportation Impact Analysis" prepared by Transportation Solutions, 9nc in October 2011 for the Aubum Gateway Environmental Impaot Statement(EIS) addendum) 2. The Net New (non-pass by) trip generation within a single phase shall qualify as a planned action that does not exceed the following: Maximum Net New Trips Allowable within a Single Phase of the Auburn Gateway Pro'ect Area Time Ran e Net New Tri AM Peak Hour rima 1,117 PM Peak Hour rima 1,451 C. Earthwork: The maximum of amount of excavation and fill qualifying as a planned actiort shall be 250,000 cubic yards of excavation and 750,b00 cubic yards of fill. D. Air Quality: Modifications to regional arterials included in the planned action include,potential new signals on Au6um Way North at 45th Street NE and 49th Streef NE, and at the driveway access to Auburn Way North midpoint between the two intersections, 'rf demonstrated by analysis of signal warrants and on South 277th Street and 45th ST'NE at a relocated I Street NE. A roundabout or traffic signal would be provided at the intersection of 49`h ST NE and I ST NE and a future signal at 45" ST NE. E. Water. 1.Floodplain modifications. Up to 33.73 acre feet of floodplain storage volume may be filled within theAubum Gateway project area based on the 1995 FEMA floodplain, The actual amount of floodplain modification and storage compensatory flood storage volume will depend on the FEMA floodplain regulations in effect at the time of development. Since the extent of floodplain.and amount of fill may be subject to change it may be subject to furth.er environmental eview. The amount of floodplain affected will require that compensatory volume is provided at the time of fill. 2. Impervious surfaces- up to 90 percent of the Aubum Gateway site area may be covered with impervious surFaces F. Plants and Animals: Up to 0.55 acres of wetland fill placed in accordance with local, state; and fe.deral regulations in the wetland ditches along Sou4h 277th Street (approximately 0.5 acres), and as necessary to complete required improvements for I Street NE and 49th Street NE. (up to 0.25 acres of wetland fill within the Aulium .Gateway project area), shall qualify as part of this planned action. The wetland impacts to the yet undelineated Wetland F within the Gateway II project area uVill be in accordance with local, state and. federal regulations in effect. Ordinance No. 6382 November'16, 2011 Page 8 of 12 G. Time of submission: The application is submitted during the time that the Development Agreement between the City ofiAubum and Robertson Auburn Properties, entered into on is in effect. 18.08.050 Review Criteria for Planned Actions A. The Director or Director's designee is hereby authorized to designate a project application as a Planned Action ff the project meets all of the following conditions: 1. The project is consistent with the adopted.Comprehensive Plan. 2. The project is located on the subject site as described with the Planned Action Ordinance. 3. The project's signficant environmental impacts have been adequately addressed in the EIS. 4. The project complies with the Planned Action Thresholds. 5. The projecYs significant impacts hade been mitigated though application ofi the mitigation measures identified in the EIS documents and otherCity requirements. 6. The project is not an essential public facility. 18.08.060 Effect of Planned Action designation A. Upon designation by the Planning Director that the projecG qual es as a Planned Action, the project shall not be subject to a SEPA threshold determination, an environmental impact statement (EIS), or any further review under SEPA. B. Being designated a Planned Action means that a proposed project has been reviewed in accordance with this Ordinance, and found to be consisteM with the development parameters and environmental analysis included,in the EIS documents. C. Planned Actions will not be subject to further procedural review under SEPA. However, projects may be subject to conditions designed to mitigate any enVironmental impacts which may result from the project proposal, and projects will be su6ject to whatever permit reguirements are deemed appropriate by the City under State and Ciry laws and ordinances. The Planned Action designation shall not excuse a project from meeting the City's code and ordinance requirements apart from the SEPA process. 18.08.070 Planned Action Permit Process The Director shall establish a procedure to review projects and determine whether they meet the Planned Action criteria, and establishing minimum application and notice requirements. The procedure shall consist, at a minimum, of the following: A. Developments shall meet the requirements of ACC Titles 12, 13, 14, 15, 16, 17 18, and 19. Application shall be made on tlie forms provided by the City and shall include a SEPA checklist [where approved through VVAC 197-11-315(2)] or such other environmental review forms provided by the City. B. The Director shall determine if the application is complete as provided in ACC 14.06. C. If the project is within the area designated as a planned action, the application shall be reviewed to determine if it is consisterrt with all of the requirements in this Chapter. Ordinance No. 6382 November 16, 2011 Page 9 of 12 D. When a complete application for development has been determined by the City to qual'rfy as a planned action,The Director shall notify the applicant and the project shall proceed in accordance with the appropriate permit procedure, with the exception that no additional SEPA review, threshold determination, o EIS shall be required. E. Public notice for prbject qualifying as planned actions shall be tied to the underlying permit. If notice is otherwise required for the underlying permit, the notice shall state that the project has qualfied as a planned action. If notice is not otherwise required for the underlying permit, no special notice is reguired. F: If a project is determined to not qualify a_s a planned action, the Director shall so notify the applicant and the SEPA respbnsible official; shall prescribe a 8EPA review procedure consistent with the City's SEPA regulations and the requirements of state law. 18.08.080 Planned Action Mitigation Measures . The Planned Action MRigation Measures set forth in the Exhibit 1 attached hereto , and incorporated herein by this reference shall apply to the project ident ed therein. This Exhibit 1 shall not be codified with the provision of Chapter 18.0 of the City Code, but shall be on file and available for review in the Office of the City Clerk. 18.08.090 Amendments Amendments to this Chapter may be initiated by the City, the proponent, or the proponertt's successor; and shall occur as follows: A. The Planning Director or Public Works Director, in their area of responsibility, may interpret the words and meaning of certain conditions in order to resolve conflicts in implementation. All words in the ordinance shall carry their customary and ordinary meaning. B. If changes to the language of the ordinance are required, such proposed changes shall be reviewed by the Planning and Development Committee of the Ciiy Counc'il, or its successor. If the change is minor, then the Committee shall make a recommendation to the City Council. If the Change is major, the Committee shall refer the change to the Hearing Examiner. For major changes the Examiner shall conduct a public hearing and make a recommendation to the City Council.. Section 3. Imolementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary.to carry out the directions of this legislation. Section 4. Severabilitv. The provisions, of this ordinance are declared to be separate and severable: The invalidit r of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application Ordinance No. 6382 November 16, 2011 Page 10 of 12 Exhibit 1 - Planned Action Mitigation Measures Ordinance No. 6382 November 16, 2011 Page 12 of 12 Ezhibit 1 Auburn Gateway Planned Action In addition to compliance with all applicable ciry, state;.and federal regulations that apply to the Aubura Gateway Project, the following conditions apply to development within the Auburn Gateway Project Area: A. Prior to Alteration of the Site by DemoliHon of Structures or Grading Cultural Resources 1. Prior to alteratiott of the site by demolition or grading,.in order to preserve a record of the drive-in theater, photo documentation to recognized arcluval standards of the most important features of the drive-in theater site and structures shall be completed prior to removal or alteration of the site or structures, and shall be provided to the VJhite River Valley Museum,as permarient repbsitory. 2. Pr'or to alteration of the site by demolition or grading, a professional azchaeologist shall be retained to monitor any ground-distu;bing construction excavation that, penetrates fill deposits imo native alluvial soils. Proof of the services of professional azchaeologist shall be provided to the City. If duting site alteration activities any hunter-fisher-gatherer or historic period azchaeological deposits or human remains are. discovered in any portion.of the Aubum Gateway project azea, ground-disturbing activities shall be halted immediafely in an azea lazge. enopgh to maintain the integ;ity of the deposits. Upon the discovery of any such deposits or rem i ns the City of Auburn, the state Office of Archaeology and Historic Preservation, the Duwamish Tcibe, the Muckleshoot Indian Trilie, and a prbfessional archaeologist shsll be notified immediately. Treatment of tfie archaeological deposits or human remains shall be coordinated and implemented througfi consultation among these parties. B. Prior to Issuance of any Clearing or Grading Permits within Either the North and/or South Phases of the Project: Air Quality 1. Prior to issuance of a clearing or grading permit for eittier phase, the Applicant must suba it an sir quality plsn tliat evaluates. tlie potential impacts due to exhai st eaussions and fugitive dust during construction. The plan which must be reviewed and approved by the City, shall establish means for be minimizing impacts by implementing thefollowing: Use only equipment and avcks that are maintained in optimal operational condition. Exhibit 1,page 1 Evaluate and as appropriate have all off-road equipment be retrofitted with emission reduction equipment (i.e., evaluate participation in the Puget Sound region Diesel Solutions by project sponsors and contractors). Evaluate and as appropriate use bio-diesel or other lower earission fuels for vehicles and equipment Evaluate and as appropriate use carpooling or other trip reduction strategies for consriuction workers. Stage construction to minimize overall transportation system congesrion and delays to reduce regional emissions of pollutants during construction. Implement construction curtailing on hot days when the region is at risk for exceeding the national ambient sir quality standatds (NAAQS) for ozone, and work at night instead. , Implement restrictions on consiruction vehicle idling (e.g., limit idling to a maximum of five (5)minutes). Locate construction equipment away from sensitive receptors, such as fresh air intakes for buildings, air conditioners, and sensitive populations. Locate construction staging zones where diesel emissions will be unnoticeable to the public and away from sensitive popularions, such as the elderly and the ' y g, Spray exposed soil with water or other suppressant to reduce particulate emissions of PM,o and deposition of particulate inatter. Pave or use. gravel on staging areas and roads that will be exposed for long periods. Cover all trucks lransporting materials, spray water on materials in trucks, or provide adequate freeboard.(space from the top of the material to the top of the truck bed)to reduce PM;o emissions and deposition during transport. Provide wheel washers for the rea ovai of particulate matter that would otherwise be carried off the site by vehicles to decrease deposition of particulate matter on area roadways. Remove particulate matter deposited on paved public mads, sidewalks, bicycle. paths, and pedestrian paths to reduce mud and dust; sweep and wash streets continuously to reduce emissions. Cover dirt, gravel, and debris piles as needed tb reduce dust and wind-blown debris. Route and schedule construction trucks so tl at c delays are reduced during peak travel times to minimize air quality impacts caused by a reduction in traffic speeds. Stortn Drainage 2. Prior to issuance of a clesring or grading permit for either phase, the Applicant shall provide to the City for review and approval, a Temporary Erosion and' Sedimentation Control (TESC plan. The plau can address a pt aase or project specific azea and shall be in conformance with ttie City's Engineering Design Standards that include best management practices (BMPs) to prevent erosion, Exhibit 1, page 2 sedimentation, and release of other pollutants during construction. The TESC plan shall identify any proposed phasing. Typical minimum BMPs for erosion and sedimentation controt should be utilized for the Auburn Gateway Project area, including silt fences, stockpile covers, mulch or other temporazy ground cover in disturbed azeas, protection devices for storm dtain inlets on nearby streets, stabilized construction enirances and staging azeas, and sediment traps or ponds for concentrated runoff flows. The following minimum site-specific BMPs shall be included in the TESC plan to add=ess specific construction-related impacts: The area of exposed bare soil created by cleating and grading activities shall be limited to a maximum acreage of five (5) acres and mulch and/or other temporary ground cover shall be applied to such exposed areas prior to beginning a new stage or phase of clearing.or grading. Clearing and grading activities shall be limited to the dry season (April through September) in areas that are located within the 100-yeaz floodplain, witlun wetland buffers, or within twenty-five (25) feet of surface water conveyance ditches. All azeas disturbed due to clearing and grading activities shall be stabilized to prevent erosion within seven (7) days of the completion of the work in said areas. Wheel washing and regularly scheduled street cleaning shall be performed to minimize the deposition of soil and sediments by construction velucles on surrounding streets. Construction equipment shall be outfitted with emergency spil] kits and construction crews shall be trained in their proper use. Cleazing and grading operations in wetland buffers shall be scheduled so that grading occurs only one time. T'his schedule shall be identified in the Wetland Mitigation Plan. The final planting of wetland bufFers shall be completed within the first year following grading. This schedule shall be identified in the Wetland Mitigation Plan. Water from dewatering activities shall be discharged into a filtration system, sediment trap, or sediment pond unless it is proven by turbidimeter measurements that the water is clean. The rate of dewatering discharge should not exceed the desi n capacity of the filtration system, sediment trap, pond, or downstream drainage system. Control and treatment of any contaminated veater shall meet all applicable regulatory requirements.if contaminateil ground water is present in the vicinity . of dewatering acdvities. 3. Prior to issuance of a clearing or g;ading permit for either phase, the Applicant shall apply for and secure a Construction Stormwater General Permit or equivalent required by the Narional Pollutant Elimination Discbarge System (NPDES), Phase 2 through the Washington State:Department of Ecology. Grrading/Critical Areas Exhibit 1,page 3 4. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall prepaze for the City's approval a Master Gradiag Plan, including a geotechnical engineering repoft that evaluates the hydrogeologio- effects of the grading plan and includes methods for grading and constructing the project in such a manner to prevent impacts on wetland hydrology andnearby basements. The geotechnical report mpst: Assess the degree of soil compaction and settling expected and the corresponiiing change in soil porosity and uansmissivity of existing or proposed soils throughout the proposed development. Assess the likely effects of altered geotechnical soil properties aad stormwater infiltration processes on ground water levels at and neaz the proposed development. Chazacterize the expected water level regime throughout a full typical annual cycle, as well as during reasonably foreseeable drought and storm periods. Provide an analysis of'different specific methods for increasing or decreasing the infiltration of 'stormwater as necessary to maintain existing ground water levels, and/or for managing ground water levels with engineering controls such as cutoff walls and curtain drains. Increased infiltradon could be accomplished by various methods including, but not limited to, reducing the azea of impervious surface at the site through reduction of azea devoted to roofs, parldng lots, and roadways; reducing the connectedness of the impervious surface to the storm drainage system; and incorporating Low Impact Development(LID) design techniques such as porous pavement and downspout infiltration systems. Decreased infiltration could be accomplished in the design of the drainage collection and conveyance systems for runoff from impervious surface areas and in the design of stormwater porid linings. Demonstrate that the hydroperiod of wetlands in the planning area would not be adversely affected by the development throughout a full typical annual cycle; as well as daring reasonably foreseeable drought and storm periods. If the hydroperiod analysis predicts reductions in wetland water levels, propose a method for allowing some stormwater runoff to be routed to the affected wetlands after appropriate flow control and water quality treatment. Analysis sha11 wnform to The Department of Ecology's Stormwater Management Manual for Western Washington (Ecology 2001) guidance for performing the wetland hydroperiod analysis, inforniation on maximum acceptable hydroperiod alterations,. recommendations for reducing development impacts on wetland hydroperiod and water quality, recommendations for flow control and treatment for storm drainage discharges to wetlands, and recommendations for post development wetland monitoring. Demonstrate that the ground water levels likely to result from the development will not adversely affect basemenu in nearby structures throughout a full typical annual cycle: Specify a monitoring plan to continue thmugh full development period and for five (5)yeazs thereafte; to ensure that the measures talcen adequately mitigate the impacts on ground water and wetland water levels. E chibit 1,page 4 Identify corrective measures (contingency measures) that would be possible after full development is complete if the project is found to be adversely affecting wetland hydrology. 'The applioant shall provide a binding agreement to implemeat such corrective measures prior to the issuance of clearing and grading permits within either phase of the project.. Critical Areas/I-Iabitat 5. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall ensure compliance with the National Marine Fisheries Service (NMFS) Biological Opinion, and meet Federal Emergency Management Agency (FEMA) and National Marine Fisheries Service (NIvIFS) requiremenu for providing adequate protsction to endangered species pursuant to a city floodplain development pernut for any alteration within regulatory floodplain. 6. Prior to issuance of a clearing or grading pernvt for either phase, the AppGcant shall prepaze a critical areas report related to wetland and fish habitat,(including a V etland Mitigation Plan) meeting applicable requirements for mitigating potential project impacts. The plan sha1L• Coordinate wetland mitigadon conservation requirements of the various agencies with regulatory authority. Coordinate wetland mitigation conservation with phasing of earthwork and construction to avoid/reduce reoccurrence of disturbance or impacts. Include information on measures to be employed to avoid impacts on wetland hydrology, as discussed in the Water Resources section of the 2004 Draft Environmental Impact Statements (EIS). Stipulate mitigation measures for wetlands affected by alteration, dredging, or filling in accordance with Auburn Ciry Code Chapter 16.10. Mitigation could be implemented by on-site or off-site wetlan3 enhancement or creation consistent with local, state and federal regularions:. For any new wetland impacts, provide buffers in accordance with Auburn Ciry Code Chapter 16.10. Provide a mitigadon plan for approval by regulating agencies for the planting or enhancement of wetland 6uffers with native plant species as soon as possible after initial site grading is completed. Identify the construction boundaries and methods to be employed after completion of project to ensure long term protection and to avoid encroachment on adjacent habitat areas. Schedule construction within work windows specified by WDFW, the COE; NOAA Fisheries, and/or.the USFWS to avoid critical periods (i.e., wintering, nesting and breeding/spawtiing, and migration) for species of concern listed as present or potentially present in the planning area. Demonstrate that the mitigation plan is coordinated with the stormwater pollution prevention plan (SWPPP) to prevent or minimi e sedimentation and potential hazardous spills that could affect both the onsite and offsite water bodies. Exhibit l,page 5 i;n.,;P night lighting near wedands during construction. Identify locations and types of night lighting to be nsed for development that minimizes light impacts on wetland habitats and buffers: Establish a protocol for wefland and hydrologic monitoring to ensure tliat wetland mitigation and newly planted .wetland buffers aze _thriving after the installation of the plantings is completed. Provide financial security in, an amount commensurate to guazantee monitoring, maintenance and contingency measures. Wetland monitoring should continue annually for a minunum of five (5) years after the project is completed or as needed to be consistent with approval &om other agencies with jutisdiction, and should include observations and reporting of native vegetation and hydrologic conditions that may be adversely affected by fill or alterations adjacent to wetiand areas. Replace the culvert at the intersection of I Street NE and South 277ttt Street with a fish passable culvert(J.S. Jones and Associates, Inc.,2010). Identify design and construction techniques to protect wedands and, wetland buffers from the inhvsion of humans and domestic animals by means of bazriers to humans and domestic animals; while still allowing aesthetic visual enjoyment of these areas. Require modifications to stormwater andlor groundwater management if adverse effects on wetland hydrology are observed before the end of the wetland monitoring period. A written commitment acceptable to the city shalI be required prior issuance of clearing or grading permits. Revegetate portions of the project area that aze dishubed only for consuvction purposes (e.g., azeas sunounding buildings or construction staging areas) as soon as possible after`construction is completed. Establish a protocol for and wnduct monitoring to ensure that newly plante.d areas are thriving: Provide financial security to guarantee monitoring, maintenance and contingency measures. The construction staging;areas should be located on the existing gravel within the drive-in theater so wildlife displacement is delayed. The following conservation .measures are required to avoid or m;.,;t,,;ze potential impacts to surface water (including South 277th Street roadside ditch) during construction. o In-water construction activities will be regulated by the Hydraulic Project Approval (HPA) issued by the Washington State Department of Fish and Wildlife (WDFV1 for the project. The aaticipated in-water work should occur from July 1 to.Angust3l, or when trie water bodies in the project area are dry or as conditioned in the HPA. This will lunit work within the wetted perimeter of the water bodies to the low-flow summer months and reduce potential for impacts to fish species: o Staging areas, stockpiles, equipment storage areas, and other similaz facilities should be set back at least 100 feet from the top-of-bank of the water courses with dowasl eam fish habitat. Exlubit 1,page 6 o To minimize the effect of dewatering the work. area on fish species, the Hydraulic Project Approval (HPA) for this project will require that the project proponent capture and safely remove fish and other aquatic life from the portion of water course to be abandoned. Captured fish aze required to be immediately and safely transferred to free-flowing water downstream of the bypass following methods oudined in the anticipated HPA for this project. o The project proponent should seek assistance from WDFW to remoye fish prior to construction if WDFW personnel are available. If WDFW personnel are not available, the pmject proponent should azrange for the removal of fish by a qualified fisheries biologist. o The amount of azea that is cleazed and gaded at any one time should be limited, and conshuction acrivities should be scheduled soon after an area has been cleared and s ipped of vegetatioa o Construction areas and limits of work shall be clearly identified in the field and on plans to mi++imi p habitat disruption. o Where possible, native vegetarion removed during construction shall be replaced with native tree and shrub species following consh uction. 'fhese actions will increase the water quality, hydrologic, and habitat features associated with these azeas. o Buffers shall be established and planted with a mixture of native tree and shrub species. Establish a protocol formonitoring to ensure that midgation and newly planted buffers are thriving after the installation of the plantings is completed. Provide financial security to guarantee monitoring, maintenance and contingency measures. o Habitat features such as large woody debris (LWD) and boulders, shall be incorporated iato final design to increase habitat compleacity and provide cover for fish species. T'he performance of habitat features shall be monitored and reported. o Relocated water courses should include fine grading necessary to establish complex habitat types including pool aad riffle complexes, wtrich may require the installation of grade control structures. 1'he performance of habitat features and grade control shuctures should be monitored and reported for a period as approved by reviewing agencies. o The relocated portion of water courses stiaU allow for placement of spawning sized`gavel at a minimum depth ofsix inches. o The culvert at the intersection of I Street NE and Souih 277"' Street shall be replaced with a fish passable culvert (J.S. Jones and Associates, Inc., 2010). 7. Prior to issuance of a clearing or grading permit for-either phase, the Applicant sha(1 provide proof of approval &om the City of Kent for use of the City of KenYs Army Corps of Engineers Section 404 and Washington State Department of Ecology 401 approvals for the filling of the wetland ditches associated with widening South 277th Street, which filling has been previously mitigated by the City of Kent. Exhibit 1,page 7 Site Contamination 8. Prior to issuance of a clearing or grading peniut for either phase, the following mitigation measares to address documented existing contamination, potential existing contamination (i.e., underground storage tanks and asbestos), and potential contamination associated with construction '(i.e., fuel and lubricants) and shall be implemented. Conduct phase II environmental site assessments (sampling and analysis) at locations indicated in the EIS as potential azeas of contamination to provide a basis for planning invasive work and documentarion for the Washington Deparhnent of Ecology. As part of grading or building pemut applications, incorporate construction specification provisions for abatement, removal, storage, transportation, and disposal or treahnent of contaminated media (requiring contractor-generated management plans). As part of grading or tiuilding permit applications, incorporate construction specifications to minimize public exposure to contaminants via both airbome and direct contact routes by means of increased construction-zone setbacks, additional barriers to public access, and expeditious removal of contaminated materials. Ensure that removal of hazardous materials will be managed using standard approaches in accordance with Depamnent of Ecology policies, procedures,and requirements. As part of grading or building pernut. applications, demonstrate how the Applicant will avoid contaminated azeas to *++n m»e potential impacts (i.e., restrict builcling construction above contaminated ground water). As part of grading or building permit applicadons; demonstrate that any hazardous waste generated as part of this project will be transported to permitted faciliti8s by endties licensed by the state Department of Transportation for tliat purpose. Conshuction Noise 9. As part of clearing, gradirig or building permit applicarions, the following measures shall be implemented to mitigate noise during construcrion of the project: Develop a mitigation plan,for construcdon noise that includes a schedule of construction activities, tfie intensity and dwatiod of the noise generated during these activities, and tlie location of the actiyities relative to the neazest noise- sensitive receivers. The 'plans sha11 demonstrate that the project will comply with the city noise polices and state regulations for conslrucrion noise, and is subject to approval by the Director. Use properly sized and maintained mufflers, engine intake silencers, and engine enclosures. Require that construction equipment be tumed off if it will idle for more than five(5) minutes. Exhibit 1, page 8 Restrict construction activities to daytime hours unless an expansion of construction hours is approved in advance by the City. Nighttime hours aze before Z`.00 a:m. and after 7:00 p.m.. and on weekdays, before 9:00 a.m. and , after 6:00 p.m. on Saturday and Sunday. Place stationary equipment, including pumps, compressors, welding machines and similaz equipmem, as far as possible away from noise-sensidve receiving locations, while maintaining the effective:tise of'such equipment: Where ttris is infeasible or where noise impacts are still likely, place po;tabie noise barriers azound the equipment with the opening directed away from the noise-sensitive receiving property. Substitute hydraulic or electric models for impact tools such as jackhammers, rock drills, and pavement breakers. Require equipment operators to drive forwazd rather than backward, where feasible,to m;n;mi a noise from backup alarms. Require operators to lift rather than drag materials,wherever feasible. C. Prior to Issuance of any Permits for Construcdon in the Floodplain within Either the North and/or South Phases of the Project: Floodplain 1. Prior to issuance of any permit for construction in the floodplain within either phase, the Applicant shall apply to the City for review and approval a Floodplain Deve(opment Permit pursuant to Auburn City Gode 15.68., including any Habitat, Impact Assessment and, if applicable a Habitat Mitigation Plan. The applicant shall also incorporate the following performance measures into any temporary erosion and sedimentation control (TESC).plans for project azeas located within floodplain: . Compensatory floodplain storage sha11 be provided at a 1-to-1 ratio for all projecu that involve the placement of fill in the FEMA ]00-year floodplain in effect at the time the permit application is deemed complete by the City.. Compensation shall be const ucted concurrently such that prior to placement of any fill within the floodplain an equal amount ofcompensatory storage shall be provided. On-site compensatory floodplain storage shall be provided for any developmenu.within the Project area that are aot compensated for completely by constructed flood storage within the Port of Seattle mitigation wetland to which legal right of use has been secured. The ground surface of any compensatory floodplain storage shall be below the 100-year Crreen River flood elevation and aboye the seasonal high ground water elevation, and shall be provided with aclequate hydrologic and hydraulic connectivity to the tloodplain azeas north of South.277m Street. If any portion of the compensatory floodplain storage is provided within the Port of Seattle mitigation weUand to which legal right of use has been secured, Exhibit 1, page 9 then a flood conVeyance channel of sufficient capacity shall be installed to connect the Crreen Riyer floodplain to the Port of Seattle mitigation wetland, The design of the channel shall be submitted for City review and approval. This channel would be looated on the sonth side of South 277th Street arid extend west &om the existing north-south flood cliannel located on Port of Seattle property to the existing twin-barrel6-footby 3-foot box culvert under S 277th Street connecting to the Crreen River floodplain area to the north. The alignment of flood conveyance channel shall be located beyond the southerly . limits. of the planned widening to the south of South 277th Sueet improvements. The flood conveyance cbannel shall be in place prior to placea ent of any fill. D. Prior to any Issuance of Permits for Vertical Construction within Either the North or South Phases of the Project: Storm Drainage 1. Prior to issuance of permit for vertical construction,.the Applicant shall provide to the Cityfor review and approval a8torm Drainage Master Plsn for the combinedNorth and South Phases of the Project. The plan shall include the approximate location, elevation, and size of all major storm drainage conveyance, water quality; and flow control facilities in conformance with the City's Engineering Design Standards. Tlie storm drainage master plan shall contain sufficient infotmation, including supporting. stortn drainage calculations, to demonstrate t6at the system desig and configuration is feasible and is capable of ineeting city standards. In addition, if the storm drainage discharge from the project is not as proposed in previous drainage analysis prepared for the purposes of the EIS ("Hydraulic Model Evaluation of Potential Drainage System Impacts Associated with the Aubum Gateway ProjecY', Herrera, 2003) and the discharge is all directed to either: South 277th Street EIS Scenario 3a) or split evenly between South:277th Street and D Str t NE (EIS Scenario 3b), then additional downstream drainage analysis shall be required as directed by the City Engineer prior to issuance of a permit for vertical construction. If all the storm drainage discharge from the project is directed to South 277' Street EIS Scenario 3a) the applidapt.shall design tfie master plan to include the following storm drainage improvements for any phase of development:. Replace the existing storm drainage pipe locafed in D Street NE with a 36-inch pipe in D Street NE from South 277' Street to Auburn Way North. The master storm drainage plan shall also define wfiich improvemenu are to be constructed concunent with each phase of the project (North Phase, South Phase, or Combined North and South Phases). Extribit 1,page 10 Water 2. Prior to issuance of permit for vertical construction, the Applicant shall provide to the City for review and approval a Water Master Ptan•for the combined North and South Phases of the Prbject. The plan shall include the approximate location and size of all . pipes, valVes, and.Sre hydrants in conforn ance with the City's.Comprehensive Water Plan and Engineering Design Staridards. The Water Master plan shall comain sufficient information, including &ydraulic analysis if deemed necessary by the City Engineer, to demonstrate that the system layout is feasible and provides adequate fire flow and system reliabiliry. The master water plan shall also define wlrich impmvements are to be constivcted concurrent with each. phase of the project (North Phase, South Phase, or Combined North and South Phases) as follows: North Phase Re lace the existing_8-inch:and 6-inch water pipes with l2-inch water pipe in 49 Street NE from Auburn Way North to I Street NE. Construct a new 12-inch water pipe along the extension of I Street NE between 49' Street NE and South 277` Street. South Phase Re lace the existing 8-inch and 6-inch water pipes"with 12-inch water pipe in 49 Street NE from Auburn Way North to I StreeYNE. e Consh uct a new 12-inch water pipe along the extension of I Street NE between 45m Street NE and 49' Street NE. Combined North and Sonth Phaves Tlie combined water system mitigation listed above, for the North and South Phases. Sanitary Sewer 3. Prior to issuance of permit for yertical wnstruction; thg applicant shall provide to the City for review and approval a Sanitary Sewer Master Plan for the combined North and South Phases of the Projeck The plan shall include ihe approximate location, elevation, and size of all pipes and. manholes in confoimance with the City's Comprehensive Sanitary Sewer Plan and Engiaeering Design Standards. The sanitary sewer master plan shall confain sufficient information, including hydraulic analysis if deemed necessary by the City Eagineer, to demonstiate that the system layout is feasible and is capabie of ineeting city standards. The master sanitary sewer plan shall also define which. improvements are to be conshucted concurrent with each phase of the project (1Vorth Phase, South Phase, or Combined North and South Phases). Exhibit 1, page 11 Storm Drainage, Water, and Sanitary Sewer 4. Prior to issuance of permit for vertical construction,the Applicant.shall submit civH ntilities construction plans, consistent with the appmved combined North and South Phases of the: master storm drainage plan, master water plan,and master sanitary sewer plan to the City for ceview and approval in conformance with the City's Engineering Design Standards. Transportation 5. Prior to issuance of permit for vertical construction, the Applicant sha11 provide a master plan for pedestrian/non-motorized circulation to tfie City for review and approval. The master plan for pedesirian/non-motorized circulation sha11 be in conformance with the City's engineering design standards and provide an efficient and safe pedestrian circularion system that provides appropriate crossing of I Street NE; D Street NE, and 49th Street NE at places where pedestrian/non-motorized crossings are likely to occur and where crossings can be safely accommodated with necessary improvements to min;mi P travel distance. The master pedestrian circulation plan shall specify the loaation and types of paths, the materials and methods to be used to promote safety at street and driveway crossings, and the &amework of connections and amenities to be developed, as described in the "Aubum Gateway Architectural and Site Design Standards", BCRA Inc., October 2011. The master plan for pedestrian/non-motorized circulation shall also define which improvements are to be constructed concurrent with each phase of the project (North Phase, South Phase, or Combined North and South Phases). 6. Prior to issuance of permit for vcrtical construction, the Applicant shall provide a mavter transit plan to the City for review and approval. The plan shall be coordinated with King County Meuo Tfansit .and shall include the appmximate locations of existing and proposed hansit stops and associated facilities serving the Auburn Gateway Project. The plaa shall also address opportunities to provide weekday pazk& ride spaceswithin the Aubum Gateway Project. The master transit plan shall also define wluch transit unprovements aze to be constructed concurrent with each phase of the project (North Phase, South Phase, or Combined North and Sowh Phases) 7. Prior to the action indicated in the heading above; the Applicant shall pmvide a master access and onsite vehicular circulation plan to the City for review and approval. The plan shall be in conformance with the City's Engineering Design Standar3s and include locations and dimensions of access points expected for all portions of the Aubum Gateway project area The acces"s and onsite vehiculaz circulation plan must be Exhibit 1,page 12 accompanied with a traffic analysis that indicates commerciaUdelivery vehicle turning templates, emergency access lanes, and the volumes of traffic and levels of service expected at eacfi access location. The master access and onsite vehiculaz circulation plan shall also define which access points aze to be constnzcted concurrent with each phase of the project (North Phase, South Phase,or Combined North and South Phases). Prior to issuaace of permit for vertical construction, the Applicant shall provide a master motorized public improvement plan.to the City for review and approval. The plan shall be in conformance with the City's Engineering Design Standards and include sh eets; haf ic signals, and intersection improvements for all portions of the Auburn Crateway project area. The master motorized improvement plan shall also define which street improvements are to be constructed concurrent with each phase of the project (North Phase, South Phase,orCombined North and South Phases) asfollows: North Phase First Widen South 277' S eet to include two westbound through lanes, three eastbound ttirough lanes, paved shoulder; drainage systems, planting strip aud 12-foot wide paved nori motorized trail between L St NE and Aubum Way North. Complete a traffic signal at the intersection:of South 277' Street and I Street NE including two Uaffic monitoring cameras.. The signalized intersection shall consists of two westbound through lanes,two westbound left tum pockets,three eastbound:through lanes, one eastbound right;turn pocket, and thiee northbound tuming lanes. Complete one eastbound right tum pocket at the intersection of South 277' Sh eet and D Street NE. Complete one westbound right turn pocket at the intersection of Auburn Way North and South 277`" Su et., Complete I Street NE from.49` Street NE to South 277` Street. This roadway shal] be designefl to the city's miaor arterial standaazd and include five travel lanes (two lanes in each direction plus a raised landscape island with tum pockets at imersections)and_bioycle lanes. Auxiliary right-turn lanes may also be required at driveways as identified in the rnaster access and onsite vbhicular circulation plan. Complete a traffic signal at intetsection of I Street NE and 49' Street NE including one haffic monitoring camera wtiea the north, south, and west legs of the intersection are each connected to through streets. The signalized intersection shall be widened to facilitate northbound and southbound u-turns and include a leg for the future eastward street eictension of 49' St NE. Complete 49' Street NE between Auburn Way North and ihe eastem property line of the Auburn Gateway project area. This street shall be designed as a Exhibit 1,page 13 minor arterial with three lanes (one lane in each direction plus a center left-turn lane) and bicycle lanes. Complete s haffic signal at the intersection of 49' Street NE and Aubum Way Norfh including one traffic monitoring camera. The signalized intersection shall be widened to facilitate northbound and southbound u-tums. Complete a traffic si al at the intersection of 45` Street NE and Auburn Way Norfh including one h affic monitoring camera when any traffic si al wazrant is met at tlris intersection up to two years after issuance of finai occupancy of full project build-out or prior to wnstructing a sigial at the south development access drive at Auburn Way North. Construct a cul-de-sac at southem terminus of D Street NE at Auburn Way North and eliminate the vetriculaz connection to Auburn Way North. South Phase First Widen the south side of South 277`" Street to include two westbound through lanes, two eastbound through lanes, paved shoulder, drainage systems, planting strip and 12 foot wide paved non motorized trail between L St NE and Auburn Way North. Complete one eastbound right tum pocket at the intersection of South 277w Street and D S eet NE. Complete I Street NE from 45' Street NE to 49' Street NE. This roadway shall be designed to a minor arterial standard and include five travel Lanes (two lanes in each direcrion plus a raised landscape island with tum pockets at intersections) and bicycle lanes. Auxiliary right-turn lanes may also be required at driveways as identified in the master access and onsite vehicular circulation plan. Complete A traffic sigial at intersection of I Street NE and 49' Street NE including one traffic monitoring camera When the north, south, and west legs of the intersection are each connected to through s eets. The signalized intersection shall be widened to facilitate northbound and southbound u-turns and include a leg for the future eastwazd street extension of 49' St NE. Complete 49' Street NE between Auburn Way`North and the eastern property line of the Auburn Gateway project area. This street shall be designed as a minor arterial with three lanes (one lane in each direction plus a center left-turn lane) and bicycle lanes: Complete a traffic signal at the intersection of 49` Street NE and Aubyrn Way North including one traffic monitoring camera. Thesignalized intersection shall be widened to facilitate northbound and southbound u-tiuns. Complete a traffic signal at the intersection of 45' Street NE and Auburn Way North including one traffic monitoring camera when any h affic signal warrant is met at this intersection up to two years a8er issuance of final occupancy at fiill project build-out or prior to constructing a signal at the south development access drive at Auburn Way North. Complete a traffic si al at tlie intersection of 45' Street NE and I Street NE including one traffic monitoring camera when any traffic signal warrant is met Eachibit 1,page 14 at tlus intersection up to two years after issuance of final occupancy at full project build-out: Construct a cul-de-sac at southem ternunus of D Street NE at Aubiun V ay North and eliminate.the vehiculaz connection to Auburn Way North. Combined Nort6 and South Pha§es Complete the combined improvements listed above for the North and South Phases. 8. Prior to issuance of permit for vertical cons uction, the Applicant shall submit civil transportation constraction plans, consistent with the approved combined North and South Phases of the: master pedestrian/non-motorized circulation plan, master transit plan, master access and onsite yehiculaz circulation plan, and master motorized public improvement plan to the City for review and approval in wnformance with the City's Engineering Design Standards.. Signage 9. Prior to issuance of permit for 4erticai construction, the Applicaat shall submit a master signage plan to establisfi locations sizes and materials for all rypes of signage to be used in subsequent phases (except traffic control signage). The master signage plan shall be prepared in accordance with the provisions of?,CC 18.56.030.K, in effect as provided in the vesting provisions of the development Agreement between the City and Developer. The plan shall include commercial and directional signage as well as interpretive material such as information on wildlife near wetlands or historical infotmation about the area The plan shall be coordinated with the Auburn Gateway Architecturat and Site Design Standards document. The master signage plan shall be recorded as required by ACG 18.56.030.M. Project plans shall demonsirate that the proposed p;oject is consistent with the approved_ master sigiage plan. Modifications to the master signage plan may be allowed by the Planning D"uector only after determining that the changes are consistent with the "Auburn Gateway .Arcliitectural and Site Design Standards", BCRA Inc., October 2011. VisuaVAesthetics T0. Project consh uction plans shall adhere to the document: "Auburn Gateway Arclritectural and Site Design Standards", BCRA Iac.; October 2011 . 1 I. Project plans shall incorporate principles of crime prevention through environmental desi (CPTED) in all project designs. These include but are not limited to the measures discussed in the"Auburn Gateway Arctutectural and 8ite Design Standards", BCRA Inc. October 2011. Exfiibit 1,page TS Noise 12. Prior to the issuance of a permit for vertical construction, tt e Applicant shall prepare and submit a noise contrnl plan to be approved by the City of Auburn for areas in which noise-generating equipment, such as mechanical equipment (i.e., heating, ventilating,and a'v conditioning [HVAC] systems),loading docks, solid waste removal areas, wmpactors, outdoor retail speakers, and backup powei generators, cannot be located away &om noise-sensitive receivers. The City of Aubum may require noise containment systems where necessary to meet the noise regularions. Prior to the issuance of a permit for vertical construction, the Applicant shall pmvide a binding agreement to ensure that all .subsequent appiications for City approval shall meet parameters of the approved noise control plan. 13. Project plans shall include the use of buildings, fences, berms, or large landscape buffers to shield noise-sensitive receivers from onsite traffic noise. 14. Automobile fuel stations shall be located as faz as possible &om residential uses. If located within 100 feet of residential uses, the City of Auburn may require additional desig measures to limit noise,odor, and glare impacu. 15. Outdoor activity azeas such as eating and drinking establishments shall be located away from residential areas. If located closer than 300 feet to a residential area the City of Aubum may require desi measures oi operational restrictions to limit noise iinpacts from late evening use. E.Prior to Issuance of Any Building Permits (allowing vertical. construction) for Residential Uses Land Use 1. If residential uses are developed along D Street NE (or atong vacated roadway), 49th Street NE, or near Aubum Way North, provide landscape screening on-site to limit the visual impacts due to potentially more intensive uses in the adjacent C3, Heavy Commercial zone. 2. The following mitigation measures shall be implemented for impacts on recreational resources Implement the open space requirements described in the "Auburn Gateway Architectural and Site Desi Standards", BCRA Inc., October 2011. through project-level desi review. For residenfial development, this should include clrildren's play equipment; tennis courts, a fenced off-leash area for pets, and/or and open,level-lawn areas for free play oi sport activities. 3. Pay City pazk impact fee in proportion to the level of residential development in the Aubum Gateway Project Area prior to issuance of any building.permit for residential uses, unless deferred pursuant to city regulations. Eachibit 1, page 16 F. Prior to any Issuance of Occupancy Permits within Either the North or South Phase of the Project: Storm Drainage, Water,aad Sanitary Sewer 1. Prior to issuance of occupancy permits witlun either phase, the Applicant shall complete all public atility constraction in conformance with the approved civil utilities conshuction plan and the City's Engineering Construction Standards. 2. Prior to issuance of occupancy permit within either phase, the Ciry shall accept as complete all pubtic utilities faciliries indicated on the apprbved civil utiliries construction plans for operations and ownership by the City. Transportation 3. Prior to issuance of occupancy permits within either phase, the Applicant shall complete all construction in oonformance with the approved civil transportation construMion plans and the City's Engineering Construction Standards. 4. Prior to issuance of occupancy permits within either phase, the City shall accept all pnblic transportation facilities indicated on tke approved civil ansportation consuucdon plans for operation and ownerslrip by the"City. 5. Prior w issuance of occupancy pemuts within either phase, the Applicant shall provide a conceptual design and associated engineer's estimate for construction of southbound right turn lane or eastbound right tum lane at the inters rion of Auburn Way North and 37th St NE to the City for review and approval. The applicant shall pay the applicanYs estimated proportionsl share of the estimated construcrion costs to the City based on the approved conceptual design and associated'engiaeers estimate. 6. Prior to issuance of occupancy permits within either phase,the Applicant shall provide a conceptual design and assogiated engineer's estimate for oonstcuction of secoad southbound through lane at the intersection of Hsrvey Road NFJM St NE snd 8` St NE to the Ciry for review and approval. The applicant shall pay the applicant's estimated proportional share ofithe estimated construcrion costs to the City based on the approved conceptual design and associated engineers estimate. 7. Prior to issuance of occupancy pertnits within either phase,the Applicant shall provide a conceptual design and associated engineer's estimate for construction of new traffic signal at the intersection of SE 304th St and 112" Ave SE including widening to accommodate left t nn pockets to the City for review and approval. The applicant shall pay the applicanYs estimated proportional share of the estimated construction costs to the City based on the approved cbnceptual design and associated engineers estimate. 8. Prior to issuance of occupancy permits within either phase, the Applicant shall demonsuate to the satisfaction of the Gity Engineer that the Applicant has made a good faith effort to enter into a mitigation agreement with the appropriate jurisdiction (City of Kent and/or King Coanty} to participate in the iaiprovement of the following location in a manner that is suitable to the jurisdiction and consistent with the impacts identified in the Final Environmental Impact Statement or subsequent environmental Exhibit 1,page 17 documents. If an agreement is required, it shall be executed between the Applicanf and appropriate jurisdiction prior to issuaace of occupancy permits. Intersection of Central Ave and S 259' St: Construction of additional north6ound right-turn lane. Intersection of S 277' St and 55' St NE: Reconfiguring of lanes on westbound S 277` ST to provide dual left turn lanes and a single through lane and widening of 55' St NE to accommodate the dual left turm lanes. Intersection of S 272"d.St and Military Road: Reconfigure signal phasing on north-south approaches from split phasing to conventional signal phasing. 9. Prior to issuance of occupancy permits within either phase, the Applicant.shall provide to the City for review and approval future trat ic si al warrant analyses at the intersections of Aubarn Way NortL and 45'" St NE and I St NE and 45 St NE, in conformance with the Model Uniform Traffic Control Devices (MLTTCD). The analysis shall be conducted every two years starting two years from the issuance of the first occupancy pernut for the Auburn Gateway Project development and shall continue until any wazrant is met at the intersectioas (see conditions for si al intersections improvements herein) or until two years after issuance of final occupancy pernut at fiill project build-out. 10. Prior to issuance of occupancy permits within either phase, the Applicant shall provide to the City for review and approval an employee and customer Transportation Demand Management (TDM) pmgram that includes a good faith effort to incorporate the following strategies: Provisions for a transportation coordinator, employee shower facilities, lockable bike racks, flexible work schedules, telecommunication opportiu ities; on site transit/carpooUvanpool information, preferred carpool and vanpool parking, on site uaffic reports, guaranteed ride programs, and other incentives to encourage alternative travel modes to Single Occupancy Velricles{SOV). Signage 11. Prior to issuance of occupancy permiu within either phase, the interpretive signage materials identified in the master sign plan shall be installed by the applicant and inspected by the city, including information on wildlife neaz wetlands or historical information about the azea G. For the Life of the Project. wetlands 1. If adverse effects on wedand hydrology are observed before the end of the wetland monitoring period, modifications to stormwater and/orgroundwater management shall be developed, submitted for City of Auburn approval, and implemented in order to restore wedand hydrology. Exhibit l, page 18 Noise 2. Truck deliveries and waste hauling activities sliall be.restticted to daytime hours in azeas where noise &om these activities woald adversely affect residential uses as identified within the city approved noise controT plan referenced in the preceding condition. Signage 3. All si s within the Au6urn Gateway project area shall be consistent with the master signage plan as approved by the City. Gerieral 4. For the purpose of the mitigation measutes, the term "applicanY' shall refer to the cutrent owners together with their heirs, assigns, and.successors, of the property as legally described. 5. Any plan,study or analysis iequired to be submitted by the applicant may include an incorporate by reference any existing document prepared as part of the environmentsl review of tlris project. Any plan study or analysis may also be submitted separately or as part of the permit application. 6. The Planning Director.may interpret the words and meaning of the mitigation measures in order to resolve conflicts in implementation. All words shall carry ther customary and ordinary meanit g nnless the context cleazly conveys a different meaning. Exhibit l,page 19 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 5. Effective date. This Ordinance shall take effect and be in force frve days from and after its passage; approval arid publication as provided by law. INTRODUCED: NOV 21 2011 PASSED: NOV 21 2011 APPROVED: NOV $ 1 2011 U ER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, Ciry Attorney Published:ol/.zS il.s..%t`"``J Ordinance No 6382 Novemberl6,2011 Page 11 of 12