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ORDINANCE NO. 4 7 9 2
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING
ORDINANCE NO. 4771 PASSED JULY 17, 1995, (AUBURN CITY CODE
SECTION 16.06.120) ENTITLED "AUTHORITY TO CONDITION OR DENY
PROPOSALS" CONTAINED IN CHAPTER 16.06 ENTITLED "ENVIRONMENTAL
REVIEW PROCEDURES" TO CORRECT AN INADVERTENT ERROR WHICH
DELETED SUBSECTIONS D, E AND F OF SECTION 16.06.120.
WHEREAS, Ordinance 4771 which was passed July 17, 1995
contained an inadvertent error which deleted subsections D, E
and F of Auburn City Code Section 16.06.120; and
WHEREAS, the error needs to be corrected.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Auburn City Code Section
"Authority to Condition or Deny Proposals" contained
Chapter 16.06 entitled "Environmental Review Procedures"
amended to correct an inadvertent error as set forth
attached Exhibit "A" and is made a
forth in full herein.
Section Z. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause,
sentence, paragraph, subdivision, section or portion of this
ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the
16.06.120 entitled
in
is
on
part thereof as though set
Ordinance No. 4792
October 5, 1995
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remainder of this ordinance, or the validity of its
application to other persons or circumstances.
Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
City Attorney
PUBLISHED:
Ordinance No. 4792
October 5, 1995
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TITLE 16 ENVIRONMENT
Chapter 16.06 ENVIRONMENTAL REVIEW PROCEDURES
16.06.120 Authority to condition or deny proposals.
The policies and goals set forth in and referenced
by this chapter are supplementary to those in the
existing authorization of the city.
Be
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.
The city may deny a permit or approval for a
proposal on the basis of SEPA so long as:
Exhibit "A" Ordinance No. 4792
October 5, 1995
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A finding is made that approving the proposal
would result in probable significant adverse
environmental impacts or would cause and create
a public nuisance that are identified in a
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.
If the lead aqency determines, after the initial
review of a project, that a proposed action could
not comply with adopted plans, policies, rules or
requlations, and where the city has authority other
than SEPA to deny the proposal, the project can b~
denied outriqht without makino a threshold
determination, and shall be cited in writina.
Proposed actions which are subseouentlv modified,
amended or deemed to be consistent with adopted
plans, policies, rules or requlations shall not
receive final approval until the proposed action is
in full compliance with SEPA, the SEPA rules and
this chapter.
Where the responsible official has issued
mitiqated DNS, the decision maker shall not approv~
the associated ProPosal until:
The proponent has modified the ProPosal. either
throuqh modification of plans and other
aPPlication materials or throuoh a seDarat~
written instrument attached to the application.
such that the mitiqatinq measures of tba
mitiqated DNA become Dart of the proposal; or
Exhibit "A" Ordinance No. 4792
October 5, 1995
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2. The decision maker has incorporated thm
mitiqatinq measures of the mitigated DNS into
the license, permit, ordinance or other
approval, throuah conditions attached pursuant
to this chapter; or
3. A combination of subdivisions 1 and 2 of th~s
subsection.
Where mitigatinq measures are agreed to under
subdivision 1 of subsection E of this section, or
imposed under subdivision 2 of subsection E of this
section, and where the proponent fails to implement
such mitigatinq measures, the city shall have
authority to revoke any permit, license or other
approval qranted on the basis of such mitigatinq
measures.
Exhibit "A" Ordinance No. 4792
October 5, 1995
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