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HomeMy WebLinkAbout47921 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 5