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HomeMy WebLinkAbout4544 19 20 21 22 23 24 25 26 1 ORDINANCE NO. .. 5 .. .. 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 16.06.030, WHICH IS CONTAINED IN CHAPTER 16.06 OF THE AUBURN CITY CODE ENTITLED "ENVIRONMENTAL REVIEW PROCEDURES" AND ADDING A NEW SECTION 16.06.065 TO CHAPTER 16.06 TO MEET THE REQUIREMENTS OF THE GROWTH MANAGEMENT ACT (36.70A RCW). 4 5 6 WHEREAS, in order to meet the requirements c)f the Growth Management Act, Engrossed Substitute House Bill No. 2929, codified as Chapter 36.70A RCW, it is necessary to amend and to make additions to the city's EnvironmEmtal Review Procedures Ordinance No. 4351 to adopt regulations to preclude 7 8 9 10 11 land uses or development that are incompatible ,dth critical 12 areas and resource lands; and 13 WHEREAS, the proposed Environmental Review Procedures Ordinance amendments and additions were transmitted to the 14 15 Auburn City Planning Commission in January, 1992, and after 16 proper notice published in the City's official newspaper at 17 least ten (10) days prior to the date of hearinçr, the Auburn 18 City Planning commission conducted a public hearing on the proposed amendments and additions on February 4, 1992; and WHEREAS, at said hearing the Auburn City Planning Commission conducted a public hearing; and considlered evidence and exhibits regarding said proposed amendments and additions, at the conclusion of which the Planning commission recommended n______________..______________ Ordinance No. 4544 February 26, 1992 Page 1 19 20 21 22 23 24 25 26 1 2 the approval of the Environmental Review Procedures Ordinance 3 4 amendments and additions; and 5 6 WHEREAS, at the hearing before the city Council on March 2, 1992, the Council heard public testimony and considered evidence and exhibits regarding said proposed allllendments and additions, at the conclusion of which the City Council recommended approval of the amendments and additions to the 7 8 9 Environmental Review Procedures Ordinance No. 4351. 10 NOW, THEREFORE, THE CITY COUNCIL OF THE CI~rY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: 11 12 section 1. PURPOSE. The purpose of this ordinance is to 13 amend Section 16.06.030 which is contained in Chapter 16.06 of 14 the "ENVIRONMENTAL REVIEW Auburn City entitled Code 15 16 PROCEDURES" and to add a new Section 16.06. 06!5 to Chapter 17 16.06 to adopt regulations to preclude land uses or development that are incompatible with criticéll areas and resource lands as defined in the Washington Administrative 18 Code. Section 2. AMENDMENTS. section 16.06.030 ()f the Auburn City Code shall be amended as set forth in attached Exhibit IIA". Section 3. NEW SECTION. There is herE,by added to Chapter 16.06 a new Section 16.06.065 as set forth in attached Exhibit "B". -------------------------- Ordinance No. 4544 February 26, 1992 Page 2 19 20 21 22 23 24 25 26 1 Section 4. The Mayor is hereby authorized to implement 2 such administrative procedures as may be necess;ary to carry 3 5 6 Section 5. out the directives of this legislation. This Ordinance shall take effect and be in 4 7 pUblication, as provided by law. force five (5) days from and after its passage, approval and 8 3·éJ,.·9~').... j';2-9~~ c3 . d . 9,;)... INTRODUCED: 9 10 11 PASSED: APPROVED: 12 13 14 15 16 ATTEST: 17 &v/i)u.jÁJ~ Robin Woh1hueter, City Clerk 18 APPROVED AS TO FORM: st~~R~ City Attorney Published: .3-9-7:;'" ---------------------------- Ordinance No. 4544 February 26, 1992 Page 3 ~ MAYOR 19 20 21 22 23 24 25 26 1 2 EXHmIT"A" 3 4 16.06.030 ADDmONAL DEFINmONS. 5 In addition to those definitions contained within WAC 197-11- 6 700 through 799, the fOllowing words and terms shall have the 7 following meanings, unless the context indicates otherwise: A. "Advisory body" means any body established by ordinance of the city counl:::il, whose 8 9 10 responsibilities include the review of development 11 proposals for the purpose of making recommendations 12 to the city council. 13 B. "Department" means any division, subdivision or 14 organizational unit of the city established by 15 16 17 ordinance, rules, or order. C. "Development" means the rezoning of property, the subdivision of land, the construction c)f buildings, or any physical alteration of the land which is subject to city approval and to the re(~irements of 18 SEPA. D. "Hearing Examiner" means the city hearing examiner as established by Chapter 18.66. E. "Ordinance" means an ordinance, resolution, or other procedure used by the city to adopt: regulatory requirements. ______________________________._n__________ Ordinance No. 4544 Exhibit itA" February 26, 1992 Pagel 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 F. "SEPA" means Chapter 43.21C Revised Code of Washington (RCW). "SEPA rules" means Chapter 197-11. Washington G. Administrative Code (WAC) adopted by the Department of Ecology. H. "Aauifer recharae areas" means areas which recharae aauifers that are a source of drinkina water vulnerable to contamination that would affect the notabilitv of the water. These areas include: sole source aauifer areas and wellhead recharae nrotection areas desianated nursuant to the Federal Safe Drinkina Water Act: areas established for snecial nrotection nursuant to a aroundwater manaaement nroaram as described bv RCW 90.44. 90.48. and 90.54. and WAC 173-100 and 173-:!00: and anv other area meetina the definition of 'areas with a critical recharaina effect on aauife,rs used for notable water' as described in WAC 36~¡-190 and the Auburn Comnrehensive Plan. 1. "Fish and wildlife habitat conservation areas" means lands which are imnortant for the maiÍntenance of fish and wildlife snecies in suitable habitats within the natural aeoaranhic distribution of the snecies. These areas include: areas with which -----------------------------_.._---------~-- Ordinance No. 4544 &hibit "A" February 26, 1992 Page 2 20 21 22 23 24 25 26 1 2 endanaered. threatened. and sensitive snecies have a 3 nrimarv association: habitats and snec:ies of local 4 imnortance: waters of the state: waters nlanted with 5 aame fish: and anv other area meetina the definition 6 7 of 'fish and wildlife habitat conservation areas' as described in and the Auburn WAC 365-190 8 Comnrehensive Plan. 9 J. "Freauentlv flooded areas" means li!nds in the 10 f1oodn1ain subiect to a one cercent; or areater 11 chance of floodina in anv aiven vear. These areas 12 include: streams. rivers. lakes. wetli!nds. and anv 13 other area meetina the definition of 'freauentlv flooded areas' as described in WAC 36!i-190 and the 14 15 16 17 Auburn Comnrehensive Plan. K. "Geoloaicallv hazardous areas" means areas that because of their suscentibilitv to erosion. slidina. 18 earthauake. or other aeo1oaical events. are not 19 sui ted to or sitina commercial. residential. industrial develonment consistent with cublic health or safetv concerns. These areas include: 1. Erosion hazard areas: areas identified bv the USDA Soil Conservation Service as havina a severe rill and inter-rill erosion hazard: ---------------._------------------._---- Ordinance No. 4544 Exhibit "A" February 26, 1992 Page 3 18 19 20 21 22 23 24 25 26 1 2 2. Landslide hazard areas: areas notentiallv 3 subiect a landslides to based on 4 combination of aeoloaic. touoaranhic and 5 6 hvdroloaic factors: 3. Seismic hazard areas: areas subiect to 7 8 severe risk or damaae as a result of earthauake induced around shakina. slope 9 failure. settlement. soil 1iauefaction. or 10 11 12 13 14 15 surface faultina: other aeoloaical hazard areas: 4. areas subiect to volcanic activit:v and areas underlain bv. adiacent to. or affected bv mine workinas: and. 5. Anv other area meetina the definition of 16 'aeoloaicallv as hazardous areas' 17 described in WAC 365-190 and the Auburn Comprehensive Plan. L. "Wetlands" means those areas that are inundated or saturated bv surface or aroundwater at. a freauencv and duration sufficient to sunnort. and that under normal circumstances do sunnort. a p,revalence of veaetation tvnica11v adapted for life in saturated soil conditions. Wetlands aenerallv inl::lude swamns. marshes. boas and similar areas. Wetlands do not ___b_________________________________________ Ordinance No. 4544 Exhibit "A" February 26, 1992 Page 4 19 20 21 22 23 24 25 26 1 2 3 include those artificial wetlands intentional Iv 4 created from nonwetland sites. includina. but not limited to. irriaation and drainaae ditches. arass- 5 6 lined canals. swales. detention facilities. wastewater treatment facilities. farm ponds. and 7 8 9 landscane amenities. However. wetlands do include those artificial wetlands intentionallv created from nonwet1and areas created to mitiaate çonversion of 10 wetlands. if nermitted and reauired bv the countv or 11 citv. Artificial wetlands created frc)m nonwetland 12 13 14 15 16 areas for nUrDoses wildlife of enhancement. education. aesthetic. or similar reasc'ns. when not part of Creauired) mitiaation a comnensatorv nroiect. are not included within the wetland definition. 17 18 _________________________________n_________ Ocdinance No. 4544 Exhibit ttAtt February 26, 1992 PageS , . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 EXHIBIT "B" 2 3 "NEW SECTION" 16.06.065 ENVIRONMENTALLY SENSITIVE AREAS. 4 A. The following the environment are of areas 5 6 designated as environmentally sensitive areas pursuant to RCW 36.70A.060 and WAC 197-11-908: 7 8 1. Aquifer recharge areas; 2. Fish and wildlife habitat conserva.tion areas; 9 3. Frequently flooded areas; 4. Geologically hazardous areas; and, 5. Wetlands. B. within each of these environmentally sensitive areas, the responsible official shall implement: City codes, ordinances, resolutions, plans and policies to conserve these areas and to preclude land uses and development which cause significant adverse impacts to these areas. C. The City's "critical Area Maps" providE!S the general location of environmentally sensitive areas wi1:hin the City and is hereby adopted by this reference as if fully set forth herein. site specific studies will be needed to' identify the precise location and to assess the characteristics of the environmentally sensitive area. Whenever there is evidence of an environmentally sensitive areas located ~rithin or in proximity to a non-exempt action, the responsiblE! official may ___________n.____._______________________ Ordinance No. 4544 Exhibit "8" Febrnary 26, 1992 Page 6 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 require site specific studies to determine the location and 3 characteristics of the environmentally sensitive area, and 4 potential mitigating measures. 5 6 D. Within environmentally sensitive areas, WAC 197-11- 7 8 9 800 (6) (a): Minor land use decisions - short plat approval is inapplicable. 10 11 12 ______n__________________________________ Ordinance No. 4544 Exhibit "8" February 26, 1992 Page 7