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ORDINP~ICB NO.
4771.
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING
AUBURN CITY CODE SECTION 16.06.120 ENTITLED "AUTHORITY TO
CONDITION OR DENY PROPOSALS" CONTAINED IN CHAPTER 16.06
ENTITLED "ENVIRONMENTAL REVIEW PROCEDURES" TO ADD LANGUAGE
REGARDING PUBLIC NUISANCES AND DECLARING AN EMERGENCY.
WHEREAS, Initiative 164 was approved by the Washington
State Legislature this year and shall become effective July
23, 1995 unless a sufficient referendum petition (Referendum
48) is filed by July 22, 1995; and
WHEREAS, Initiative 164 is an Act relating to the
regulation of private property, adding a new chapter to Title
64 RCW; and
WHEREAS, Initiative 164
requires any government
which takes private property by regulation or restraint
land use for general public use pay full compensation of
reduction in value to the owner; and
WHEREAS, any action taken by the government entity
prevent or abate a private nuisance that limits the use
entity
of
the
to
or
development of private property is not a restraint of land use
pursuant to Initiative 164; and
WHEREAS, the Planning Commission at their July 5, 1995
meeting held a public hearing on the amendment and at the
conclusion of which recommended to the City Council approval
of said amendment.
Ordinance No. 4771
July 11, 1995
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HOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Auburn City Code Section 16.06.120 entitled
"Authority to Condition or Deny Proposals" contained in
Chapter 16.06 entitled "Environmental Review Procedures" to
add language regarding public nuisances and declaring an
emergency is hereby amended as set forth on attached Exhibit
"A" and made a part thereof as though set forth in full
herein.
seotion
Pursuant to
declared to
Z. Emergency Clause and Effective Date.
RCW 35A.13.190 a publio emergency is hereby
exist for the reasons set forth above regarding
the passage of the amendments herein and for the protection of
public health, public safety, public property or public peace
which requires that this ordinance shall take effect upon
passage by a majority plus one of the whole membership of the
City Council.
Section $, The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause,
sentence,
ordinance,
person or
paragraph, subdivision, section or portion of this
or the invalidity of the application thereof to any
circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its
application to other persons or circumstances.
Ordinance No. 4771
July 11, 1995
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Section 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
INTRODUCED: July 17, 1995
PASSED:
July 17, 1995
July 17, 1995
APPROVED:
MAYOR
ATTEST:
~ :'.~c~49~e%e~, Danielle E. Daskam, Deputy
City Clerk
APPROVED AS TO FORM:
~ y~,lds,
City Attorney
PUBLISHED: Y-~3f~
Ordinance No. 4771
July 11, 1995
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TITLE 16 ENVIRONMENT
Chapter 16.06 ENVIRONMENTAL REVIEW PROCEDURES
16.06.120 Authority to condition or deny proposals.
ae
The policies and goals set forth in and referenced
by this chapter are supplementary to those in the
existing authorization of the city.
The city may attach conditions to a permit or
approval for a proposal so long as:
Such conditions are necessary to mitigate
probable significant adverse environmental
impacts and/or prevent or abate Public
nuisances identified in environmental documents
prepared pursuant to this chapter; and
2. Such conditions are in writing; and
The mitigation measures included in such
conditions are reasonable and capable of being
accomplished; and
The city has considered whether other local,
state, or federal mitigation measures
applicable to the proposal are sufficient to
mitigate the identified impacts; and
Such conditions are based on one or more
policies, plans, rules or regulations
designated in ACC 16.06.130 as a basis for the
exercise of substantive SEPA authority under
RCW 43.21C.060, and cited in writing in the
license, permit, ordinance or other decision
document.
Ce
The city may deny a permit or approval for a
proposal on the basis of SEPA so long as:
A finding is made that approving the proposal
would result in probable significant adverse
environmental impacts or would cause and crea%q
a Public nuisance that are identified in a
Exhibit "A" Ordinance No. 4771
July 11, 1995
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final EIS or final supplemental EIS prepared
pursuant to this chapter; and
A finding is made that there are no reasonable
mitigation measurers capable of being
accomplished that are sufficient to make the
identified impact nonsignificant; and
The denial is based on one or more policies,
plans, rules or regulations designated in ACC
16.06.130 as a basis for the exercise of
substantive SEPA authority under RCW
43.21C.060, and cited in writing in the
license, permit, ordinance or other decision
document.
Exhibit "A" Ordinance No. 4771
July 11, 1995
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