HomeMy WebLinkAbout6095 Part 1ORDINANCE NO. 6 0 9 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING CHAPTER
16.08 OF THE AUBURN CITY CODE RELATING TO
SHORELINE MANAGEMENT ADMINISTRATIVE AND
PERMITTING PROCEDURES, AND ADOPTING THE
AUBURN SHORELINE MASTER PROGRAM CONSISTENT
THEREWITH
WHEREAS, in 1971 the Washington State Legislature required that local
jurisdictions, with the aide of the Washington State Department of Ecology,
develop master programs for regulation of the uses of their shorelines; and,
WHEREAS, on January 21, 1974 the City of Auburn adopted a Shoreline
Management Master Program to regulate uses within the city's shorelines; and
WHEREAS, in 2003 the state legislature established timelines, funding,
and guidelines requiring all cities and counties to update their Shoreline Master
Programs; and,
WHEREAS, the City of Auburn initially began a process to review and
develop an updated Shoreline Master Program in 2005; and,
WHEREAS, a Citizen Advisory Committee (CAC) was formed that
included members of the Auburn Community that met on a regular basis to
participate in developing an updated Shoreline Master Program; and,
WHEREAS, after proper notice published in the City's official newspaper
at least ten (10) days prior to the date of hearing, the City of Auburn Planning
Commission on April 3, 2007 conducted a public hearing on the proposed
Shoreline Master Program Update; and,
WHEREAS, at the public hearing, the City of Auburn Planning
Commission heard public testimony and took evidence and exhibits into
consideration; and,
WHEREAS, said exhibits included documents entitled Draft Auburn
Shoreline Master Program, Shoreline Inventory and Characterization Report and
Map Folio, Shoreline Issues of Concern Analysis, Shoreline Restoration Plan and
Cumulative Impacts Analysis completed by the City's consultant in support of the
Updated Shoreline Master Program; and,
-----------------
Ordinance No. 6095
June 2, 2008
Page 1 of 12
WHEREAS, SEPA review (City SEPA file SEP07-0006) was conducted on
the Shoreline Master Program Update with a Determination of Non-Significance
(DNS) issued March 23, 2007, a final DNS issued April 10, 2007 with no appeals
having been filed; and,
WHEREAS, the proposed Shoreline Master Program was sent to the
State Department of Community, Trade and Economic Development (DCTED)
and other State agencies for the 60-day review process in accordance with RCW
36.70A.106 and received by DCTED on February 12, 2007;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment to City Code.
Chapter 16.08 of the Auburn City Code is hereby amended to read as
follows:
Chapter 16.08
SUBSTANTIAL SHORELINE DEVELOPMENT PERMITS
?-?? r? r rr
SHORELINE MANAGEMENT ADMINISTRATIVE AND
PERMITTING PROCEDURES'
Sections:
16.08.010 Chapter purpose and intent.
16.08.015 Adoption of shoreline management procedures.
16.08.020 Definitions.
16.08.030 Administration and enforcement.
16.08.040 Application - Generally.
16.08.050 Application - Notices.
16 08 052 Application - Shoreline substantial development permit - Review
criteria.
16.08.054 Application - Shoreline conditional use permit - Review criteria.
16.08.056 Application - Shoreline variance - Review criteria.
16.08.060 Application - Review criteria - Additional information.
16.08.070 Development conformance burden of proof.
16.08.080 Application - Hearing - Required.
16.08.090 Application - Hearing - Official conducting.
16.08.100 Application - Hearing - Continuance.
16.08.110 Application - Hearing - Decision.
16.08.120 Application - Hearing - Rules of conduct.
16.08.130 Application - Decision final.
16.08.140 Grant or denial decision - Notifications.
-----------------
Ordinance No. 6095
June 2, 2008
Page 2 of 12
16.08.150 Development commencement time.
16.08.160 Termination or review and extension for nondevelopment.
16.08.170 Conditions or restrictions authorized.
16.08.180 Issuance limitations.
16.08.190 Decision appeals.
16.08.200 Rescission or modification.
16.08.210 Violation - Penalty.
16.08.220 Administration rules promulgation.
16.08.010 Chapter purpose and intent.
It is the intention of the city council that the provisions of this chapter will
promulgate and adopt a program for the administration and enforcement of a permit
system that shall implement by reference the State Shoreline Management Act of 1971,
Chapter 286, Laws of 1971, ExtFaGrdiRary Sessi Chapter 90.58 RCW; and the State
Department of Ecology regulations and guidelines adopted as Chapters 173-264-4 and
173-274-6 WAC; the Auburn Shoreline Master Program, (Ordinance No. 6095), together
with amendments and/or additions thereto, and to provide for the implementation of the
policy and standards as set forth in the aforesaid laws and regulations which are by
reference made a part of this chapter with the force and effect as though set out in full in
this chapter. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.010.)
16.08.015 Adoption of shoreline management procedures.
The Citv of Auburn herebv adopts by reference the following_ sections or
subsections of Chapter 173-27, as amended, of the Washington Administrative Code
UWAC') entitled Shoreline Management Permit and Enforcement Procedures.
WAC:
173-27-020 Purpose
173-27-040 Developments exempt from substantial development permit
requirement
173-27-050 Letter of exemption
173-27-060 Applicability of Chapter 90.58 RCW to federal land and agencies
173-27-090 Time requirements of permit
173-27-100 Revisions to permits
173-27-120 Special procedure for limited utility extensions and bulkheads
173-27-130 Filing with department
173-27-210 Minimum standards for conditional use and variance permits
173-27-270 Order to cease and desist
173-27-280 Civil penalty
173-27-290 Appeal of civil penalty
173-27-300 Criminal penalty
16.08.020 Definitions.
As used in this chapter:
A. "Act" means Chapter 286 of the State Laws of 1971, ExtraordiRar:y Se
the Shoreline Management Act of 1971 (RCW 90.58) and state departmental regulations
pursuant thereto, including any amendments thereto.
B. "Committee" means the planning and community development committee of
the city council.
-----------------
Ordinance No. 6095
June 2, 2008
Page 3 of 12
C. "Definitions by reference" means the definitions and concepts set forth in
Chapter 6 of the Auburn Shoreline Master Program (Ordinance No. 6095),
the Act (RCW 90.58.030), and state departmental definitions (WAC 173-27-030; WAC
173-27-250) adopted pursuant thereto which shall also apply as used in this chapter as
they would pertain to shorelines within the city limits.
D. "Director" means the director of the department of planning and community
development of the city, or his duly authorized designee. (Ord. 4840 § 1, 1996; Ord.
4225 § 1, 1987; Ord. 4047 § 71, 1985; 1957 code § 11.94.020.)
16.08.030 Administration and enforcement.
A. The director shall have the responsibility for the administration of the permit
system pursuant to the requirements of the Act and regulations adopted and
promulgated by the State Department of Ecology as pertains to the city.
B. The city attorney shall bring such injunctive, declaratory or other actions,
which shall include the provisions of Chapter 1.25 ACC, as are necessary to insure that
no uses are made of the shorelines of the city in conflict with the provisions of this
chapter or the Shoreline Management Act or in conflict with the master plaA rp Ogram,
rules or regulations adopted pursuant thereto, and to otherwise enforce the provisions of
this chapter and the Act. (Ord. 4840 § 1, 1996; Ord. 4504 § 14, 1991; Ord. 4225 § 1,
1987; 1957 code § 11.94.030.)
16.08.040 Application - Generally.
In addition to the requirements for a completed application as set forth in ACC
Title 14, applications for substantial development permits, variances and conditional use
permits shall be completed on forms provided by the director. The application shall be
substantially consistent with the information required by WAC 173-27-18044-410
including the following information:
1. Completed Joint Aquatic Resource Permit Application (JARPA) form.
2. Completed intake form from WAC 173-27-990, Appendix A - Shoreline
Management Act Permit Data Sheet and Transmittal Letter.
3. The name, address, phone number and email address of the applicant. The
applicant should be the owner of the property or the primary proponent of the project and
not the representative of the owner or primary proponent.
4. The name, address, phone number and email address of the applicant's
representative if other than the applicant.
5. The name, address, phone number and email address of the property owner, if
other than the applicant.
6. Location of the property. This shall, at a minimum, include the property
address and identification of the section, township and range to the nearest quarter,
quarter section or latitude and longitude to the nearest minute. All applications for
projects located in open water areas away from land shall provide a longitude and
latitude location.
7. Identification of the name of the shoreline (water body) that the site of the
proposal is associated with. This should be the water body from which jurisdiction of the
act over the project is derived (e.q, Puget Sound).
8. A general description of the proposed project that includes the proposed use
or uses and the activities necessary to accomplish the project.
-----------------
Ordinance No. 6095
June 2, 2008
Page 4 of 12
9. A general description of the property as it now exists including its physical
characteristics and improvements and structures.
10. A general description of the vicinity of the proposed project including
identification of the adjacent uses, structures and improvements, intensity of
development and physical characteristics.
11. A site development plan consisting of maps and elevation drawings, drawn to
an appropriate scale to depict clearly all required information, photographs and text
which shall include:
a. The boundary of the parcel(s) of land upon which the development is
proposed.
b. The ordinary high water mark of all water bodies located adjacent to or within
the boundary of the proiect. This may be an approximate location provided, that for any
development where a determination of consistency with the applicable regulations
requires a precise location of the ordinary high water mark the mark shall be located
precisely and the biological and hydrological basis for the location as indicated on the
plans shall be included in the development plan. Where the ordinary high water mark is
neither adiacent to or within the boundary of the project, the plan shall indicate the
distance and direction to the nearest ordinary high water mark of a shoreline.
c. Existing and proposed land contours. The contours shall be at intervals
sufficient to accurately determine the existing character of the property and the extent of
proposed change to the land that is necessary for the development. Areas within the
boundary that will not be altered by the development may be indicated as such and
contours approximated for that area.
d. A delineation of all wetland areas that will be altered or used as a part of the
development.
e. A general indication of the character of vegetation found on the site.
f. The dimensions and locations of all existing and proposed structures and
improvements including but not limited to; buildings, paved or graveled areas, roads,
utilities septic tanks and drainfields, material stockpiles or surcharge, and stormwater
management facilities.
g. Where applicable, a landscaping plan for the project.
h. Where applicable plans for development of areas on or off the site as
mitigation for impacts associated with the proposed project shall be included and contain
information consistent with the requirements of this section.
i. Quantity, source and composition of any fill material that is placed on the site
whether temporary or permanent.
L Quantity, composition and destination of any excavated or dredged material.
k. A vicinity map showing the relationship of the property and proposed
development or use to roads utilities existing developments and uses on adiacent
properties.
1. Where applicable a depiction of the impacts to views from existing residential
uses and public areas.
12. Copy of completed SEPA environmental checklist, declaration of non-
significance or environmental impact statement if required. Note that if the
environmental review has not occurred prior to application for a Shoreline Permit, the
time period for application review may be extended.
-----------------
Ordinance No. 6095
June 2, 2008
Page 5 of 12
13 The names addresses and legal description for each parcel of property
within three hundred (300) feet of the exterior boundary of the subiect property as shown
by the records of the King County or Pierce County Assessor.
14 Other information plans data and diagrams as required by the Shoreline
Administrator.
The director shall determine if the application is complete based upon the
information required by this chapter. The application may be submitted by the property
owner, lessee, contract purchaser, other person entitled to possession of the property, or
by an authorized agent. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 72,
1985; 1957 code § 11.94.040(a).)
16.08.050 Application - Notices.
The director shall give notice of the application in accordance with the applicable
provisions of ACC 14.07.040, no less than 30 days prior to permit issuance.
The notices shall include a statement that any person desiring to present his view
to the director with regard to the application may do so in writing to the director, and any
person interested in the hearing examiner's action on an application for a permit may
submit his views or notify the director of his interest within 30 days of the last date of
publication of the notice. Such notification or submission of views to the director shall
entitle said persons to a copy of the action taken on the application. (Ord. 5811 § 5,
2003; Ord. 5170 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 73,
1985; 1957 code § 11.94.040(b).)
16.08.052 Application - Shoreline substantial development permit - Review
criteria.
A A Substantial Development Permit shall be granted by the Director only when
the development proposed is consistent with the following:
1 Goals objectives policies and use regulations of the Auburn SMP;
2. Auburn Comprehensive Plan and Municipal Code: and
3 The policies guidelines and regulations of the SMA (RCW 90.58 WAC 173-
26 and WAC 173-27).
B The Director may attach conditions to the approval of permits as necessary to
assure consistency of the proposal with the above criteria.
16.08.054 Application - Shoreline conditional use permit - Review criteria.
A Pursuant to WAC 173-27-210 the criteria below shall constitute the minimum
criteria for review and approval of a Shoreline Conditional Use Permit. Uses classified
as conditional uses and not uses prohibited by the regulations of this SMP, may be
authorized provided that the applicant can demonstrate all of the following:
1 That the proposed use will be consistent with the policies of RCW 90.58.020,
the policies of this SMP the City of Auburn Comprehensive Plan and other applicable
plans programs and/or regulations;
2 That the proposed use will not interfere with the normal public use or access to
public shorelines;
3 That the proposed use of the site and design of the project will be compatible
with other permitted uses within the area and with uses planned for the area under the
comprehensive plan and shoreline master program;
-----------------
Ordinance No. 6095
June 2, 2008
Page 6 of 12
4 That the proposed use will cause no unreasonably adverse effects to the
shoreline will not result in a net loss of ecological functions, and will not be incompatible
with the environment designation or zoning classification in which it is to be located;
5 That the public interest suffers no substantial detrimental effect; and
6 That the proposed use is in the best interest of the public health, safety, morals
or welfare.
7 That consideration of cumulative impacts resultant from the proposed use has
occurred and has demonstrated that no substantial cumulative impacts are anticipated,
consistent with WAC 173-27-160(4).
B The Director may attach conditions to the approval of permits as necessary to
assure consistency of the proposal with the above criteria.
C The decision of the hearing examiner shall be the final decision of the city.
The Department of Ecology shall be the final authority authorizing a shoreline conditional
use permit consistent with WAC 173-27-200.
16.08.056 Application - Shoreline variance - Review criteria.
A The purpose of a Variance Permit is strictly limited to granting relief from
specific bulk dimensional or performance standards set forth in this SMP, and where
there are extraordinary or unique circumstances relating to the physical character or
configuration of property such that the strict implementation of the SMP would impose
unnecessary hardships on the applicant or thwart the SMA policies as stated in RCW
90.58.020. Requests for allowing uses different than those specifically identified as
allowed in the shoreline environment cannot be considered in the variance process, but
shall be considered through the conditional use process in 16.08.080.
B Pursuant to WAC 173-27-210 the criteria below shall constitute the minimum
criteria for review and approval of a Shoreline Variance Permit. Variance Permits for
development that will be located landward of the ordinary high water mark (per RCW
90 58 030(2)(b) definition) except those areas designated as marshes, bops or swamps
pursuant to WAC 173-22 may be authorized provided the applicant can demonstrate all
of the following:
1 That the strict requirements of the bulk dimensional or performance standards
set forth in the master program precludes or significantly interferes with a reasonable
use of the property not otherwise prohibited by this SMP;
2 That the hardship described above is specifically related to the property, and is
the result of unique conditions such as irregular lot shape size or natural features and
not for example from deed restrictions or the applicant's own actions;
3 That the design of the project will be compatible with other permitted activities
within the area and with uses planned for the area under the comprehensive plan and
shoreline master program and will not cause adverse impacts to the shoreline
environment.;
4 That the variance authorized does not constitute a grant of special privilege
not enjoyed by other properties in the area and will be the minimum necessary to afford
relief; and
5 That the public interest will suffer no substantial detrimental effect.
6 Variance Permits for development that will be located either waterward of the
ordinary high water mark or within marshes bogs or swamps as designated in WAC
173-22 may be authorized provided the applicant can demonstrate all the criteria stated
above as well as the following:
-----------------
Ordinance No. 6095
June 2, 2008
Page 7 of 12
a That the strict application of the bulk dimensional or performance
standards set forth in this SMP precludes all reasonable use of the property not
otherwise prohibited by this SMP, and
b That the public rights of navigation and use of the shorelines will not be
adversely affected by the granting of the variance.
C In the granting of all Variance Permits consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example, if
variances were granted to other developments in the area where similar circumstances
exist the total of the variances should also remain consistent with the policies of RCW
90.58 and should not produce substantial adverse effects to the shoreline environment
or result in a net loss of ecological functions.
D The decision of the hearing examiner shall be the final decision of the city.
The Department of Ecology shall be the final authority authorizing a shoreline variance
consistent with WAC 173-27-200.
16.08.060 Application - Review criteria - Additional information.
A. The director shall review an application for a permit based on the following:
1. The application;
2. The environmental impact statement, if one has been prepared or other
environmental documents;
3. Written comments from interested persons;
4. Information and comments from other city departments affected and from the
city attorney;
5. Independent study of the planning department staff and evidence presented at
the public hearing held pursuant to provisions of this chapter.
B. The director may require that an applicant furnish information in addition to the
information required in the application forms prescribed. (Ord. 4840 § 1, 1996; Ord. 4225
§ 1, 1987; 1957 code § 11.94.040(c).)
16.08.070 Development conformance burden of proof.
The burden of proving that the proposed development is consistent with the
criteria set forth in Section 2 of the Act and the master plan for the city shall be on the
applicant, plus the requirements pursuant to Section 14(6) of the Act. (Ord. 4840 § 1,
1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.040 (d).)
16.08.080 Application - Hearing - Required.
A. The hearing examiner shall hold at least one public hearing on each
application for a substantial development on shorelines within the city. The public
hearing shall be held not less than 30 days following the final publication of the notice
required by ACC 16.08.050.
B. The notice and conduct of the public hearing shall be in accordance with
Chapter 18.66 ACC. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code §
11.94.050(a).)
16.08.090 Application - Hearing - Official conducting.
The public hearing required by ACC 16.08.080 shall be conducted by the hearing
examiner. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.050(b).)
-----------------
Ordinance No. 6095
June 2, 2008
Page 8 of 12
16.08.100 Application - Hearing - Continuance.
If, for any reason, testimony on any matter set for public hearing, or being heard,
cannot be completed on the date set for such hearing, the hearing examiner may, before
adjournment or recess of such matters under consideration, publicly announce the time
and place of the continued hearing and no further notice is required. (Ord. 4840 § 1,
1996; Ord. 4225 § 1, 1987; Ord. 4047 § 74, 1985; 1957 code § 11.94.050(c).)
16.08.110 Application - Hearing - Decision.
When the hearing examiner renders a decision, the hearing examiner shall make
and enter written findings from the record and conclusions thereof which support the
decision. The findings and conclusions shall set forth the manner in which the decision is
consistent with the criteria set forth in the State Act and departmental regulations. (Ord.
4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 75, 1985; 1957 code § 11.94.050(d).)
16.08.120 Application - Hearing - Rules of conduct.
The hearing examiner shall have the power to prescribe rules and regulations for
the conduct of hearings and to issue summonses for and compel the appearance of
witnesses, to administer oaths, and to preserve order. The privilege of cross-
examination of witnesses shall be accorded all interested persons or their counsel in
accordance with the rules of the hearing examiner. (Ord. 4840 § 1, 1996; Ord. 4225 § 1,
1987; Ord. 4047 § 76, 1985; 1957 code § 11.94.050 (e).)
16.08.130 Application - Decision final.
The decision of the hearing examiner shall be the final decision of the city, unless
appealed to the s+t-y-seU?sil State Shorelines Hearinqs Board, pursuant to Section
16.08.190 of this chapter. On all applications the hearing examiner shall render a written
decision and transmit copies of such decision to persons who are required to receive
copies of the decision pursuant to ACC 16.08.140. (Ord. 4840 § 1, 1996; Ord. 4225 § 1,
1987; Ord. 4047 § 77, 1985; 1957 code § 11.94.050 (f).)
16.08.140 Grant or denial decision - Notifications.
The director shall notify the following persons in writing of the hearing examiner's
final approval, disapproval or conditional approval of a substantial development permit
application within eight days of its final decision:
A. The applicant;
B. The State Department of Ecology;
C. The State Attorney General;
D. Any person who has submitted to the director written comments on the
application;
E. Any person who has written the director requesting notification. (Ord. 4840 §
1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 78, 1985; 1957 code § 11.94.060(a).)
16.08.150 Development commencement time.
Development pursuant to a substantial development permit shall not begin and
shall not be authorized until 21 days from the date the director files the approved
substantial development permit with the State Department of Ecology and Attorney
General, or until all review proceedings initiated within 21 days of the date of such filing
-----------------
Ordinance No. 6095
June 2, 2008
Page 9 of 12
have been terminated. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 79, 1985;
1957 code § 11.94.060(b).)
16.08.160 Termination or review and extension for nondevelopment.
Construction or substantial progress toward construction of a project for which a
permit has been granted pursuant to this chapter must be undertaken within two years
after permit approval or the permit shall terminate. If such progress has not been made,
a new permit application will be required if a project for which a permit has been granted
has not been completed within five years after permit approval, the director shall, at the
expiration of the five-year period, review the permit; and, upon a showing of good cause,
either extend the permit for one year or terminate the permit; provided, that no permit
shall be extended unless the applicant has requested such review and extension prior to
the permit expiration date. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code §
11.94.060(c).)
16.08.170 Conditions or restrictions authorized.
In granting or extending a permit, the director may attach thereto such conditions,
modifications and restrictions regarding the location, character and other features of the
proposed development as he finds necessary to make the permit compatible with the
criteria set forth in the Act and state departmental regulations. Such conditions may
include the requirement to post a performance bond assuring compliance with other
permit requirements, terms and conditions. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987;
1957 code § 11.94.060(d).)
16.08.180 Issuance limitations.
Issuance of a substantial development permit does not obviate requirements for
other federal, state and county permits, procedures and regulations. (Ord. 4840 § 1,
1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.060(e).)
16.08.190 Decision appeals.
filing a request foF the same with 4LOth*R 10 days, of n;am!;Rg the heaFing
Any person aggrieved by the granting, denying or rescission of a substantial
development permit by the e+tyssus+lhearing examiner may seek review from the State
Shorelines Hearings Board by filing a petition for review with the board within 21 days of
the date of filing, as defined by RCW 90.58.140(6), of the 6O RGiV6-hearing examiner's
final decision. Within seven days of the filing of the petition for review with the board, the
person seeking review shall serve a copy of his petition with the State Department of
Ecology, the office of the Attorney General and the director. (Ord. 4840 § 1, 1996; Ord.
4225 § 1, 1987; Ord. 4047 § 80, 1985; 1957 code § 11.94.070.)
16.08.200 Rescission or modification.
A. Any permit granted pursuant to this chapter may be rescinded or modified
upon a finding by the director that the permittee has not complied with the conditions of
his permit.
-----------------
Ordinance No. 6095
June 2, 2008
Page 10 of 12
B. The director may initiate rescission and modification proceedings by serving
written notice of noncompliance on the permittee.
C. Before a permit can be rescinded or modified, a public hearing shall be held
by the hearing examiner no sooner than 30 days following the service of notice upon the
permittee. The hearing examiner shall have the power to prescribe rules and regulations
for the conduct of such hearings. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047
§ 81, 1985; 1957 code § 11.94.080.)
16.08.210 Violation - Penalty.
A. The criminal and civil penalties contained in the provisions of the State Act are
hereby adopted.
B. In addition to the penalties adopted in subsection A of this section, any
violation of this chapter may be enforced pursuant to the provisions of Chapter 1.25
ACC. (Ord. 4840 § 1, 1996; Ord. 4504 § 15, 1991; Ord. 4225 § 1, 1987; 1957 code §
11.94.090.)
16.08.220 Administration rules promulgation.
The director is authorized to adopt such rules as are necessary and appropriate
to implement this chapter. The director may prepare and require the use of such forms
as are necessary to its administration. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957
code § 11.94.100.)
1. For provisions of the Shoreline Management Act, see Ch. 90.58 RCW.
Section 2. Adoption of the Auburn Shoreline Master Program.
Pursuant to provisions of the Washington State Shoreline Management Act
Chapter 90.58 RCW, the City hereby adopts the Auburn Shoreline Master
Program, incorporated herein by reference, a copy of which is on file with the
office of the City Clerk.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 4. Severability. The provisions of this ordinance are deemed to
be separate and severable. The invalidity if any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the remainder
of this ordinance, shall not affect the validity if its application to other persons or
circumstances.
-----------------
Ordinance No. 6095
June 2, 2008
Page 11 of 12
Section 5. Effective date. This ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law, and shall further take effect and be in force upon approval of the
Washington State Department of Ecology.
DATED and SIGNED this day of , 2008.
INTROD CED: JUN 2 2008
PASSED: JUN 2 2008
APPROVED: JUN 2 2008
CITY URN
PETER B. LEWIS
MAYOR
ATTEST:
Danie E. Daskam,
City Clerk
APPROVED AS TO FORM:
Published:
-----------------
Ordinance No. 6095
June 2, 2008
Page 12 of 12
.rlly /-%LLVl1ICy
DRAFT Auburn Shoreline Master
DRAFT
Auburn Shoreline Master Program
DRAFT Auburn Shoreline Master
Table of Contents
PREFACE "
...................................................................................................................... iii
CHAPTER 1. DEFINITIONS ......................................................................................1-1
1.1. Interpretation . ................................................................................................ 1-1
1.2. Definitions ......................................................................................................1-1
CHAPTER 2. SHORELINE MASTER PROGRAM ELEMENTS: ............................... 2-1
2.1. Economic Development Element ................................................................. 2-1
2.1.1 Goals: .............................................................................................................. 2-1
2.2. Public Access Element ................................................................................. 2-1
2.2.2 Goals: .............................................................................................................. 2-1
2.3. Circulation Element ....................................................................................... 2-1
2.3.3 Goal: ................................................................................................................ 2-1
2.4. Recreation Element ....................................................................................... 2-2
2.4.4 Goals: .............................................................................................................. 2-2
2.5. Shoreline Use Element .................................................................................. 2-2
2.5.5 Goals: .............................................................................................................. 2-2
2:6. Conservation Element ................................................................................... 2-2
2.6.6 Goals: .............................................................................................................. 2-3
2.7. Historical/Cultural Element ........................................................................... 2-3
2.7.7 Goals: .............................................................................................................. 2-3
2.8. Flood Prevention/Critical Areas Element: ................................................... 2-3
2.8.8 Goals: .............................................................................................................. 2-3
CHAPTER 3. SHORELINE ENVIRONMENTS .......................................................... 3-1
3.1. Purpose .......................................................................................................... 3-1
3.2. Shoreline Residential .................................................................................... 3-1
3.2.1 Purpose: .......................................................................................................... 3-1
3.2.2 Designation Criteria: ........................................................................................ 3-1
3.2.3 Management Policies: ..................................................................................... 3-2
3.3. Urban Conservancy .......................................................................................3-2
3.3.4 Purpose: .......................................................................................................... 3-2
3.3.5 Designation Criteria: ........................................................................................ 3-2
3.3.6 Management Policies: .................................................................................... . 3-2
3.4. Natural ............................................................................................................3-3
3.4.7 Purpose: ......................................................................................................... . 3-3
3.4.8 Designation Criteria: ....................................................................................... . 3-3
3.4.9 Management Policies: .................................................................................... . 3-3
3.5. Shoreline environment descriptions, map, and boundaries ..................... 3-4
CHAPTER 4. SHORELINE MASTER PROGRAM POLICIES, DEVELOPMENT
STANDARDS AND USE REGULATIONS ..........................................4-1
4.1. Scope ..............................................................................................................4-1
4.2. Applicability ................................................................................................... 4-1
4.3. Interpretation . ................................................................................................ 4-2
4.3.1 Adoption of other regulations by reference ......................................................4-2
4.4. General Policies and Regulations ................................................................4-3
4.4.2 Conservation and Restoration .........................................................................4-3
i Draft
DRAFT Auburn Shoreline Master
4.4.3 Shoreline Vegetation Conservation ........................................................... ......4-4
4.4.4 Environmental Impact Mitigation ............................................................... ......4-7
4.4.5 Critical Areas ...................................................................................................4-8
4.4.6 Critical Area Regulations Table .......................................................................4-9
4.4.7 Public Access (including views) ................................................................ .....4-12
4.4.8 Flood Hazard Reduction ........................................................................... .....4-13
4.4.9 Water Quality, Storm water and Non-Point Pollution ................................ .....4-15
4.4.10 Educational and Archeological Areas and Historic Sites .......................... .....4-16
4.4.11 Nonconforming Use and Development Standards ................................... .....4-16
4.5. Permitted Use Table ............................................................................... .....4-18
4.6. Shoreline Modification ........................................................................... .....4-24
4.6.12 Dredging and Dredge Material Disposal ................................................... .....4-24
4.6.13 Piers and Docks ....................................................................................... .....4-25
4.6.14 Shoreline Stabilization (bulkheads and revetments) ................................ .....4-25
4.6.15 Clearing and Grading ............................................................................... .....4-28
4.6.16 Fill ............................................................................................................. .....4-29
4.6.17 Shoreline Habitat and Natural Systems Enhancement Projects .............. .....4-29
4.7. Shoreline Uses ........................................................................................ .....4-30
4.7.18 Prohibited Uses ........................................................................................ .....4-30
4.7.19 Boat Launching Ramps ............................................................................ .....4-30
4.7.20 Fishery Resources .................................................................................... .....4-31
4.7.21 In-Stream Structural Uses ........................................................................ .....4-32
4.7.22 Mining ....................................................................................................... .....4-32
4.7.23 Recreation ................................................................................................ .....4-33
4.7.24 Residential Development .......................................................................... .....4-34
4.7.25 Signs ......................................................................................................... .....4-36
4.7.26 Transportation ...............................................................................................4-36
4.7.27 Utilities ...................................................................................................... .....4-38
CHAPTER 5. SHORELINE MASTER PROGRAM AMENDMENTS .................... ......5-1
5.1.1 Purpose .................................................................................................... ....... 5-1
5.1.2 Amendments authorized ..................................................................................5-1
5.1.3 Adoption required by the council ..................................................................... 5-1
5.1.4 Initiation of amendments ................................................................................. 5-1
5.1.5 Applications required .......................................................................................5-1
5.1.6 Public hearing required by planning commission ............................................ 5-1
5.1.7 Burden of proof ........................................................................................ ........5-2
5.1.8 Public notice ............................................................................................ ........ 5-2
5.1.9 City council .............................................................................................. ........ 5-2
5.1.10 Transmittal to the Department of Ecology ............................................... ........ 5-2
CHAPTER 6. SHORELINE MANAGEMENT ADMINISTRATIVE AND PERMITTING
PROCEDURES .................................................................................... 6-1
6.1. Sections: ........................................................................................................ 6-1
6.2. Permit processing . ........................................................................................ 6-2
6.3. Shoreline Substantial Development permit review criteria .......................6-2
6.4. Shoreline Conditional Use Permit review criteria ......................................6-2
6.5. Shoreline Variance Permit review criteria ...................................................6-3
Draft 11
DRAFT Auburn Shoreline Master Program
LIST OF TABLES
Table 1. Critical Area Regulations ..........................................................................................4-10
Table 2. Permitted Use ...........................................................................................................4-19
EXHIBIT A
Shoreline Environment Designation Maps
1. Overview Map (city-wide)
2. Green River 1
3. Green River 2
4. Green River 3
5. Green River 4
6. White River 1
7. White River 2
8. White River 3
9. White River 4
10. White River 5
LIST OF APPENDICES
Appendix A. ACC Chapter 16.10 Critical Areas
Appendix B. ACC Chapter 18.56 Signs and 18.08 - 18.32 Density and Dimensions
Appendix C. ACC Chapter 18.54 Nonconforming Structures, Land and Uses
Appendix D. ACC Chapter 13.48 Storm Drainage
Appendix E. ACC Chapter 15.68 Flood Damage
Appendix F. Permit Data Sheet
iii Draft
DRAFT Auburn Shoreline Master
Preface
Washington's Shoreline Management Act (SMA) was passed by the State Legislature in
1971 and adopted by the public in a referendum. The SMA was created in response to
a growing concern among residents of the state that serious and permanent damage
was being done to shorelines by unplanned and uncoordinated development. The goal
of the SMA was "to prevent the inherent harm in an uncoordinated and piecemeal
development of the state's shorelines." While protecting shoreline resources by
regulating development, the SMA is also intended to provide for appropriate shoreline
use by encouraging land uses that enhance and conserve shoreline functions and
values.
The SMA has three broad policies:
1. Encourage water-dependent and water-oriented uses: "uses shall be preferred
which are consistent with control of pollution and prevention of damage to the
natural environment, or are unique to or dependent upon use of the states'
shorelines...."
2. Promote public access: "the public's opportunity to eniov the physical and
aesthetic qualities of natural shorelines of the state shall be preserved to the
greatest extent feasible consistent with the overall best interest of the state and
the people generally."
3. Protect shoreline natural resources, including "...the land and its vegetation and
wildlife, and the water of the state and their aquatic life...."
Under the SMA the shoreline jurisdiction includes areas that are 200 feet landward of
the ordinary high water mark (OHWM) of waters that have been designated as
"shorelines of statewide significance" or "shorelines of the state" and their adjacent
shorelands, defined as the upland area within 200 feet of the OHWM, as well as any
associated wetlands (RCW 90.58.030). Two waterbodies in Auburn, the Green River
and White River, are regulated under the SMA and the City's Shoreline Master Program
(SMP). The Green and White Rivers are both designated as "shorelines of statewide
significance."
The primary responsibility for administering the SMA is assigned to local governments
through the mechanism of local shoreline master programs, adopted under guidelines
established by Ecology. The guidelines (WAC 173-26) establish -goals and policies that
provide a framework for development standards and use regulations in the shoreline.
The SMP is based on state guidelines but tailored to the specific conditions and needs
of individual communities. The SMP is also meant to be a comprehensive vision of how
the shoreline area will be managed over time.
The City of Auburn adopted a SMP in 1972 by Ordinance No. 2691. The SMP provides
both policies and regulations to govern development and other activities in the City's
shorelines. The City's municipal code also regulates shoreline development by
Draft iv
DRAFT Auburn Shoreline Master Program
requiring shoreline substantial development permits. Chapter 16.08 of the city code
provides guidelines for issuance of shoreline permits that implement the state SMA.
In 2003, the state legislature established funding, timelines, and guidelines requiring all
cities and counties to update their SMP. The City of Auburn has conducted a
comprehensive SMP update with the assistance of a grant administered by the
Washington State Department of Ecology (SMA Grant No. G0600103). The update has
been prepared consistent with the SMA and its implementing guidelines. The City's
SMP provides goals, policies, development regulations, and permitting procedures for
"shorelines of the state" in the city of Auburn.
Consistent with state guidelines (WAC 173-26-201, Comprehensive Process to Prepare
or Amend Shoreline Master Programs) a first step in the comprehensive Master
Program update process is development of a shoreline inventory and characterization.
The inventory and characterization documents current shoreline conditions and
provides a basis for updating the City's Master Program goals, policies, and regulations.
The characterization identifies existing conditions, evaluates existing functions and
values of shoreline resources, and explores opportunities for conservation and
restoration of ecological functions.
State guidelines also require that local governments develop Master Program policies
that promote "restoration" of damaged shoreline ecological functions and develop a
"real and meaningful" strategy to implement restoration objectives. Planning for
shoreline restoration includes identifying opportunities (both programmatic and site-
specific), establishing goals and policies, working cooperatively with other regional
entities, and supporting restoration through other regulatory and non-regulatory
programs.
the WdinaF
h i
h grater mark (C)H VM) of waters that h ave heen rle?innoter? as
y
u g u « state"
aE; well a6 aR
e y
r
A d
%AAh
t
P F
F er the R
MA aRd the
d d Git
'o CHAD Thp
(Green and
-
-
..
.
- ??
?a
e -
e
d
u y
-
Draft
DRAFT Auburn Shoreline Master Program
The Gity of AubUFR first adeY1ted ifs QUAD in 197 by QFdiRaRGe-Ne. 2691 The Q11AD
City' shoreliR,eS. The Gity's mU minimal n9de reg Metes shopeline devetr)nment by
During the development of the SMP update t
The City bas-worked with a
Citizen's Advisory Committee for several months iR deve'GpMeRt Of the updated .
Special thanks go out to Committee members Don Payne, Terry Bonini, Planning
Commissioner Judy Roland, Mark Hancock, Ex-Councilmember Fred Poe, Sandra
Lange and Julie Herren.
Draft vi
DRAFT Auburn Shoreline Master Program
Chapter 1. Definitions
1.1. Interpretation.
Unless the context in which a word is used clearly implies to the contrary, the following
definitions shall apply to the City of Auburn Shoreline Master Program. Footnote
numbers for each definition refer to the source of the definition according to the
following key: 1. Washington Administrative Code (WAC - sections applicable to the
Shoreline Management Act); 2. Revised Code of Washington (RCW 90.58, Shoreline
Management Act); 3. Auburn City Code (definition appears elsewhere in ACC); 4.
Auburn's 1973 SMP; and 5. Definition included as part of 2006-2008 SMP Update.
1.2. Definitions.
"Accessory Structures" means a structure, either attached or detached, from a principal
or main building and located on the same lot and which is customarily incidental and
subordinate to the principal building or use.
"Aguaculture5,, is the farming or culturing of food fish, shellfish or other aquatic plants
and animals in stream inlets and other natural or artificial water bodies. Activities
include the hatching, cultivating, planting, feeding, raising and harvesting of aquatic
plants and animals and the maintenance and construction of necessary equipment,
buildings, and growing areas. Cultivation methods include but are not limited to fish
pens, fish traps or other similar apparatuses.
"Associated Wetlands'" means those wetlands which are in proximity to and either
influence or are influenced by tidal waters or a lake or stream subject to the Shoreline
Management Act.
Tioengineeringl" means project designs or construction methods which use live woody
vegetation or a combination of live woody vegetation and specially developed natural or
synthetic materials to establish a complex root grid within the existing bank which is
resistant to erosion, provides bank stability, and maintains a healthy riparian
environment with habitat features important to fish life. Use of wood structures or limited
use of clean angular rock may be allowable to provide stability for establishment of the
vegetation.
"Boat Launching Ramps 5,, are areas developed for boating ingress and egress.
"Boathouse s" means a covered or enclosed moorage space. For the purpose of this
section boathouses are accessory to a residential use and may be located on water or
on land.
"Buffer Strips" means an area of land which: (A) serves to reduce the adverse impacts
between land uses of different intensities or (B) serves to separate or identify transitions
between land uses of the same intensity.
1-1 Draft
1 = WAC; 2 = RCW,- 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master
"Bulkhead 5,, means vertical structures erected parallel to and near the ordinary high
water mark for the purpose of protecting adjacent uplands from erosion, other than
newly created residential land, from the action of waves or currents.
"Channel migration zone (CMZ) "' means the area along a river within which the
channel(s) can be reasonably predicted to migrate over time as a result of natural and
normally occurring hydrological and related processes when considered with the
characteristics of the river and its surroundings.
"Channel ization5,, means the straightening, deepening, or widening of a stream channel
for the purpose of increasing the stream's carrying capacity.
"City 5,, means the City of Auburn.
"Commercial developments 5,, are those uses involved in wholesale and retail trade or
business activities, including professional offices.
"Community Pier or Docks" means a pier or dock including a gangway and/or float which
is intended for use in common by lot owners or residents of a subdivision or residential
planned development district.
"Conditional Use, Shoreline'" means a use, development, or substantial development
which is classified as a conditional use or is not classified within the master program.
"Critical Areas 51V means wetlands streams flood hazard areas fish and wildlife areas
aquifer recharge areas, and geologically hazardous areas as defined and designated by
the Critical Areas Ordinance (ACC 16.10, Ordinance No.5894).
"Critical Freshwater Habitats 5') mean habitat areas associated with shorelines of the
state and associated with threatened, endangered, or sensitive species of plants or
wildlife (pursuant to WAC 232-12-297 Sections 2.4, 2.5 and 2.6) and which, if altered,
could reduce the likelihood that the species will maintain and reproduce over the long
term.
"Dedication 5,, means the designation of land by its owner for any general and public
uses, reserving to the owner no other rights than such as are compatible with the full
exercise and enjoyment of the public uses to which the property has been devoted.
"Department"' means the Washington State Department of Ecology.
"Development" means a use consisting of the construction or exterior alteration of
structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals;
driving of piling; placing of obstructions; or any project of a permanent or temporary
nature which interferes with the normal public use of the surface of the waters overlying
lands subject to this chapter at any state of water level.
"Directors" means the Director of Planning, Building, and Community Department for the
City of Auburn or his/her assigned designee.
Draft 1-2
1 = WAC; 2 = RCW,• 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master
"Dock', 5" means a structure that abuts the shoreline and floats upon the water and is
used as a landing or moorage place for recreational purposes.
"Dredging"' is the removal of material from the bottom of a stream, river or other water
body.
"Dry Wel15,, means a pit filled with coarse rock or lined with crushed rock or qravel for
use as a storm disposal method.
"Educational and archeological sites and historical areas 5,, include significant
archeological sites or excavations, old settler homes, historic trails, non-commercial
interpretive centers (i.e., public or nonprofit), or any other educationally significant site,
facility, or structures.
"Environmental remediation"" consists of actions taken to identify, eliminate or minimize
any threat posed by hazardous substances to human health or the environment. Such
actions include any investigative, site remediation, and monitoring activities undertaken
with respect to any release or threatened release of a hazardous substance.
"Fill"' means the addition of soil, sand, rock, gravel, sediment, earth retaining structure,
or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a
manner that raises the elevation or creates dry land.
"Floats" means a structure comprised of a number of logs, boards, barrels, etc.,
fastened together into a platform capable of floating on water, used as a landing or
moorage structure for swimming purposes. Floats are either attached to a pier or are
anchored to the bed lands so as to allow free movement up or down with the rising or
falling water levels.
"Flood hazard reductionactivities include actions taken to reduce flood damage or
hazards. Flood hazard reduction measures may consist of nonstructural or indirect
measures, such as setbacks, land use controls, wetland restoration, dike removal, use
relocation, bioengineering measures, and storm water management programs; and of
structural measures, such as dikes, levees, and floodwalis intended to contain flow
within the channel, channel realignment, and elevation of structures consistent with the
National Flood Insurance Program.
"Flood Hazard Zones" means an area inundated by the 100-year flood.
"Floodplain"' is synonymous with one hundred-year flood plain and means that land
area susceptible to inundation with a one percent chance of being equaled or exceeded
in any given year. The limit of this area shall be based upon flood ordinance regulation
maps or a reasonable method which meets the objectives of the act.
"Floodway Fringe 5,, means the area outside the floodway but still in the flood hazard
zone.
1-3 Draft
1 = WAC; 2 = RCW,- 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master Prociram
"Floodway5" means those portions of the area of a river valley lying streamward from the
outer limits of a watercourse upon which flood waters are carried during periods of
flooding that occur with reasonable regularity, although not necessarily annually, said
floodwav being identified, under normal condition, by changes in surface soil conditions
or changes in types or quality of vegetative ground cover condition. The floodwav shall
not include those lands that can reasonably be expected to be protected from flood
waters by flood control devices maintained by or maintained under license from the
federal government, the state, or a political subdivision of the state.
"Gangway5" means a sloping structure that provides access from a pier to a float.
"Gradingl" means the movement or redistribution of the soil, sand, rock, -gravel,
sediment, or other material on a site in a manner that alters the natural contour of the
land.
"Groin 5,, means a barrier type structure extending from back shore into the water, the
purpose of which is to interrupt sediment movement along the shore.
"Guidelines 51, means those guidelines adopted pursuant to the Shorelines Management
Act of 1971.
"Habitat improvements" means any actions taken to intentionally improve the overall
processes, functions and values of critical habitats, including wetland, stream and
aquatic habitats. Such actions may or may not be in conjunction with a specific
development proposal and include, but are not limited to, restoration, creation,
enhancement, preservation, acquisition, maintenance and monitoring.
"Hazardous Substances'" means those wastes designated by WAC 173-340-200, and
regulated as hazardous substances by the Department of Ecology.
"Hearing Examiners" means the officer appointed by the City of Auburn City Council to
review and approve or deny applications for substantial development, conditional use,
variance and expansion of nonconforming use permits.
"Hearings Board 2,, means the shorelines hearings board established by the Shoreline
Management Act of 1971.
"Height"' means a measurement from average grade level to the highest point of a
structure: provided, that television antennas, chimneys, and similar appurtenances shall
not be used in calculating height, except where such appurtenances obstruct the view of
the shoreline of a substantial number of residences on areas adjoining such shorelines,
or the master program specifically requires that such appurtenances be included:
provided further, that temporary construction equipment is excluded in this calculation.
"Impervious Surfaces" means those surfaces that do not allow the downward passage of
water.
Draft 1-4
1 = WAC; 2 = RCW,- 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master
"In-stream Structural Uses"' means a structure placed by humans within a stream or
river waterward of the ordinary high-water mark that either causes or has the potential to
cause water impoundment or the diversion, obstruction, or modification of water flow. In-
stream structures may include those for hydroelectric generation, irrigation, water
supply, flood control, transportation, utility service transmission, fish habitat
enhancement, or other purpose.
"Interpretive Centers" means a facility containing artifacts, history and information about
a site in the immediate area.
"Joint Use Pier or Docks" means a pier or dock including a gangway and/or float which
is intended for the private, noncommercial use of not more than four waterfront building
lot owners. Properties using a joint use pier or dock must be within 1,000 feet of the
boundary of the lot on which the joint use pier or dock is to be constructed.
"Landfill's,, is the creation of dry upland area by filling or depositing of sand, soil or
gravel into a shoreland/shoreline areas.
"Launching Ramps 5" means areas solely developed for boating ingress and egress.
"Levee, Dikes" means a broad embankment of earth built parallel with the river channel
to contain flow within the channel.
"Linear Access" means a trail, path, road, or launching ramp by which the public can
travel to and along publicly owned water. Recreational activities such as swimming,
hiking, shore fishing, hunting and picnicking are typical activities requiring linear access.
"Maintenance Dredging', s" means dredging for the purpose of maintaining a prescribed
minimum depth of any specific waterway project.
"Master Program 4,, means the comprehensive shoreline master program for the City of
Auburn, including the use regulations together with maps, diagrams, charts or other
descriptive material and text.
"Mays" means option, possibility or permission.
"Mineral Resource Lands'" means lands primarily devoted to the extraction of minerals
or that have known or potential long-term commercial significance for the extraction of
minerals.
"Mining 5,, means the removal of naturally occurring materials from the earth for
economic uses pursuant to Chapter 78.44 RCW and Chapter 332-18 RCW.
"No Net Loss 5,, means a standard intended to ensure that shoreline development or
uses, whether permitted or exempt, are located and designed to avoid loss or
degradation of shoreline ecological functions that are necessary to sustain shoreline
natural resources. The standard is met when proposed uses or developments are in
compliance with the provisions of this master program. In cases where unavoidable
1-5 Draft
1 = WAC, 2 = RCW,• 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master Program
loss results from allowed uses or developments, the standard is met through
appropriate mitigation, consistent with the provisions of this master program.
"Nonconforming Use and Development"' means a shoreline use or development which
was lawfully constructed or established prior to the effective date of the act or the
applicable master program or amendments thereto, but which do not confirm to present
regulations or standards of the program.
"Non-water Related Uses 5,, means those uses which do not need a waterfront location
to operate though easements or utility corridors for access to the water may be desired.
"Normal Maintenance'" means those usual acts to prevent a decline, lapse, or cessation
from a lawfully established condition. (See also, "Normal repair".)
"Normal Repair', s" means to restore a development to a state comparable to its original
condition within a reasonable period of decay or partial destruction, except where repair
involves total replacement which is not common practice or causes substantial adverse
effects to the shoreline resource or environment. (See also, Normal maintenance".)
"One Hundred Year Flood Plains" means lowlands adioinina the channel of a water body
that would be covered by floodwaters of a flood having an average frequency of
occurrence in the order of once in 100 years although the flood may occur in any year.
"One Hundred Year Floods" means a flood that has a magnitude that may be equaled or
exceeded once every one hundred years on the average.
"Ordinary High Water Mark (OHWM)2,, on all lakes, streams, and river water is that mark
found by examining the bed and banks and ascertaining where the presence and action
of waters are so common and usual, and so long continued in all ordinary years, as to
mark upon the soil a character distinct from that of the abutting upland, in respect to
vegetation as that condition exists on the effective date of this Chapter or as it may
naturally change thereafter, or as it may change thereafter in accordance with permits
issued by the City or the Department of Ecology. Provided, that in any area where the
ordinary high water mark cannot be found, the ordinary high water mark adioinina fresh
water shall be the line of mean high water.
"Outfall5" means the outlet or place of discharge of a stormwater collection or sanitary
sewer system.
"Permit"' means a Substantial Development Permit, shoreline conditional use permit, or
shoreline variance issued in compliance with the Shoreline Management Act of 1971
and the Shoreline Master Program for City of Auburn.
"Person 5,, means an individual, partnership, corporation, association, organization,
cooperative, public or Municipal Corporation, or agency of the state or local
governmental unit however designated.
Draft 1-6
1 = WAC; 2 = RCW,• 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master
"Pier 5,, means a structure that abuts the shoreline and is built over the water on pilings
and is used as a landing or moorage place for recreational purposes.
"Point Access 5" means a trail, path, road, or launching ramp by which the general public
can travel from a public road to a point of view or to a place suitable for launching a
boat. Recreational activities such as motor boat launching, canoeing, kayaking, rafting
and viewing of scenic vistas are typical recreational activities requiring point access.
"Private Recreational Pier or Docks" shall mean a pier or dock including a ganqwav
and/or float which is owned and maintained by a private group, club, association or
other organization and is intended for use by its members.
"Priority Habitat'" means a habitat type with unique or significant value to one or more
species. An area classified and mapped as priority habitat must have one or more of the
following attributes: comparatively high fish or wildlife density; comparatively NO fish or
wildlife species diversity: fish spawning habitat; important wildlife habitat: important fish
or wildlife seasonal range; important fish or wildlife movement corridor; rearing and
foraging habitat: important marine mammal haul-out: refugia habitat; limited availability;
high vulnerability to habitat alteration; unique or dependent species; or shellfish bed. A
priority habitat may be described by a unique vegetation type or by a dominant plant
species that is of primary importance to fish and wildlife (such as oak woodlands or
eelgrass meadows). A priority habitat may also be described by a successional stage
(such as, old growth and mature forests). Alternatively, a priority habitat may consist of
a specific habitat element (such as a consolidated marine/estuarine shoreline, talus
slopes, caves, snaps) of key value to fish and wildlife. A priority habitat may contain
priority and/or nonpriority fish and wildlife.
"Priority Species" means species requiring protective measures and/or management
guidelines to ensure their persistence at genetically viable population levels. Priority
species are those that meet any of the criteria listed below.
"Priority uses" means those shoreline uses given priority over other uses by the policies
in the Shoreline Management Ace, such as water-dependent uses and uses providing
public access to the state's shorelines.
"Public access 5" means the protection of the public's right to use navigable waters and
the provision of both physical and visual access to and from the water.
"Public Recreational Pier or Docks" means a pier or dock including a gangway and/or
float either publicly or privately owned and maintained, intended for use by the general
public for recreational purposes, but not to include docks constructed as part of a
marina.
"Railroad 5,, means a linear passageway for the movement of train passengers or freight.
1-7 Draft
1 = WAC; 2 = RCW,- 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master Program
"Recreation 5,, means the refreshment of body and mind through forms of play,
amusement or relaxation. This section applies to publicly and privately owned
recreational facilities intended for use either by the public or a private club, group, or
association. NOTE: (Certain water dependent uses such as Piers, Docks and Floats,
and Boat Launch Facilities addressed separately in the shoreline use regulations under
those titles.)
"Residential3, 5" development shall mean one or more buildings or structures or portions
thereof which are designed for and used to provide a place of abode for human beings,
including one and two family detached dwellings, multifamily residences, row houses,
townhouses, mobile home parks and other similar group housing, together with
accessory uses and structures normally common to residential uses including but not
limited to garages, sheds, upland boat storage facilities, tennis courts, and swimming
pools. Residential development shall not include hotels, motels, or other transient
housing or camping facilities.
"Restorationmeans the reestablishment or upgrading of impaired ecological shoreline
processes or functions. This may be accomplished through measures including, but not
limited to, revegetation, removal of intrusive shoreline structures and removal or
treatment of toxic materials. Restoration does not imply a requirement for returning the
shoreline area to aboriginal or pre-European settlement conditions.
"Revetments 5,, means sloping structures built to increase bank strength and protect a
scarp, embankment, or shore against erosion by waves or currents. A revetment is
usually built of rock rip-rap, wood, or poured concrete. One or more filter lavers of
smaller rock or filter cloth and "toe" protection. A revetment typically slopes waterward
and has rough or lagged facing. The slope differentiates it from a bulkhead, which is a
vertical structure.
"Riprap5" means broken stone placed on shoulders, banks, slopes, or other such places
to protect them from erosion.
"Roads" means a linear passageway, usually for motor vehicles. Bridges are roads
which cross over water.
"Shal15,, means obliged to. Shall is mandatory.
"Shorelands" or "Shoreland Areas 2i means those lands extending landward for two
hundred feet in all directions as measured on a horizontal plane from the ordinary high
water mark; floodwavs and contiguous floodplain areas landward two hundred feet from
such floodwavs; and all wetlands and river deltas associated with the streams, lakes,
and river waters which are subject to the provisions of this chapter; the same to be
designated as to location by the Department of Ecology. Any county or city may
determine that portion of a one-hundred-year-flood plain to be included in its master
program as long as such portion includes, as a minimum, the floodway and the adjacent
land extendina landward two hundred feet there from:
Draft 1-8
1 = WAC; 2 = RCW,- 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master Program
"Shoreline Areas" and "Shoreline Jurisdiction" means all "shorelines of the state" and
"shorelands" as defined in this master program and RCW 90.58.030.
"Shoreline Habitat and Natural Systems Enhancement Projects'" means projects which
include those activities proposed and conducted specifically for the purpose of
establishing, restoring, or enhancing habitat for priority species in shorelines.
"Shoreline Modifications'" means those actions that modify the physical configuration or
qualities of the shoreline area, usually through the construction of a physical element
such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline
structure. They can include other actions, such as clearing, grading, or application of
chemicals.
"Shorelines of Statewide Significance 2,, means those shorelines described in RCW
90.58.030.
"Shorelines 21t means all of the water areas of the state, including reservoirs, and their
associated shorelands, together with the lands underlying them; except (i) shorelines of
state-wide significance; (ii) shorelines on segments of streams upstream of a point
where the mean annual flow is twenty cubic feet per second or less and the wetlands
associated with such upstream segments; and NO shorelines on lakes less than twenty
acres in size and wetlands associated with such small lakes.
"Shoreline Stabilization 5,, means actions taken to protect riverbanks or adjacent uplands
from erosion resulting from the action of waves or river currents. "Hard" structural
stabilization includes bulkheads and revetments. "Soft" shoreline stabilization includes
use of bioengineering measures where vegetation, logs, and/or rock is used to address
erosion control and/or slope stability.
"Should"' means that the particular action is required unless there is a demonstrated,
compelling reason, based on policy of the Shoreline Management Act and this chapter,
against taking the action.
"Sign, Informational5,, means a sign designed to guide or direct pedestrians or vehicles.
"Sign, Warnings" means a sign designed to warn pedestrians or vehicles of some
imminent danger.
"Sign 3 5,, means any device, structure, fixture or placard that is visible ferom any public
right-of-way or surrounding properties and uses graphics, symbols or written copy for
the purpose of advertising or identifying any establishment, product, goods, or service.
"Signs 5,, are public displays whose purpose is to provide information, direction, or
advertising.
"Single Use Pier or Docks" means a dock or pier including a gangway and/or float
intended for the private noncommercial use of one individual or family.
1-9 Draft
1 = WAC; 2 = RCW,• 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master Program
"Single-family Residence'" means a detached dwelling designed for and occupied by
one family including those structures and developments within a contiguous ownership
which are a normal appurtenance. An "appurtenance" is necessarily connected to the
use and enjoyment of a single-family residence and is located landward of the ordinary
high water mark and the perimeter of a wetland. On a state-wide basis, normal
appurtenances include a garage; deck: driveway; utilities; fences; installation of aseptic
tank and drainfield and grading which does not exceed two hundred fifty cubic yards
and which does not involve placement of fill in any wetland or waterward of the ordinary
high water mark. Local circumstances may dictate additional interpretations of normal
appurtenances which shall be set forth and regulated within the applicable master
program. Construction authorized under this exemption shall be located landward of the
ordinary high water mark.
"Solid waste disposals" is the disposal of garbage, refuse and solid waste materials
resulting from domestic, agricultural and industrial activities, construction and demolition
debris.
"Streamways" means the corridor of a single or multiple channel or channels, within
which the usual seasonal or storm water runoff peaks are contained where the flora,
fauna, soil, and topography is dependent on or influenced by the height and velocity of
the fluctuating river currents.
"Substantial Development42" shall mean any development of which the total cost or fair
market value exceeds five thousand seven hundred and eighteen dollars (or the value
as amended or adjusted for inflation per RCW 90.58.030 (3) (e)) or any development
which materially interferes with the normal public use of the water or shorelines of the
state; except that the following shall not be considered substantial developments for the
purpose of this chapter:
A. Normal maintenance or repair of existing structures or developments, including
damage by accident, fire, or elements;
B. Emergency construction necessary to protect property from damage by the
elements;
C. Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on shorelands,
and the construction and maintenance of irrigation structures including but not
limited to head gates, pumping facilities, and irrigation channels. A feed lot of any
size, all processing plants, other activities of a commercial nature, alteration of the
contour of the shorelands by leveling or filling other than that which results from
normal cultivation, shall not be considered normal or necessary farming or
ranching activities. A feedlot shall be an enclosure or facility used or capable of
being used for feeding livestock hay, grain, silage, or other livestock feed, but shall
not include land for growing crops or vegetation for livestock feeding and/or
grazing, nor shall it include normal livestock wintering operations;
Draft 1-10
1 = WAC; 2 = RCW,• 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master
C. Construction on shorelands by an owner, lessee, or contract purchaser of a single
family residence for his own use or for the use of his family, which residence does
not exceed a height of thirty-five feet above average grade level and which meets
all requirements of the state agency or local government having jurisdiction
thereof, other than requirements imposed pursuant to this chapter;
D. Construction of a dock, including a community dock, designed for pleasure craft
only, for the private noncommercial use of the owner, lessee, or contract purchaser
of single and multiple family residences. This exception applies if: in fresh waters,
the fair market value of the dock does not exceed ten thousand dollars, but if
subsequent construction having a fair market value exceeding five thousand
dollars occurs within five years of completion of the prior construction, the
subsequent construction shall be considered a substantial development for the
purpose of this chapter;
E. Operation, maintenance, or construction of canals, waterways, drains, reservoirs,
or other facilities that now exist or are hereafter created or developed as a part of
an irrigation system for the primary purpose of making use of system waters,
including return flow and artificially stored ground water for the irrigation of lands;
F. The markina of grooertv lines or corners on state owned lands, when such markin
does not significantly interfere with normal public use of the surface of the water,
G. Operation and maintenance of any system of dikes, ditches, drains, or other
facilities existing on September 8, 1975, which were created, developed, or utilized
primarily as a part of an agricultural drainage or diking system;
H. Site exploration and investigation activities that are prerequisite to preparation of
an application for development authorization under this chapter, if:
1. The activity does not interfere with the normal public use of the surface
waters;
2. The activity will have no significant adverse impact on the environment
including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality,
and aesthetic values:
3. The activity does not involve the installation of a structure, and upon
completion of the activity the vegetation and land configuration of the site are
restored to conditions existing before the activity;
4. A private entity seeking development authorization under this section first
posts a performance bond or provides other evidence of financial
responsibility to the local jurisdiction to ensure that the site is restored to
preexisting conditions; and
5. The activity is not subiect to the permit requirements of RCW 90.58.550;
1. The process of removing or controlling an aquatic noxious weed, as defined in
RCW 17.26.020, through the use of an herbicide or other treatment methods
applicable to weed control that are recommended by a final environmental impact
1-11 Draft
Form
1 =WAC; 2=RCW,•3=ACC; 4= 1973SMP, 5=2008SMP
DRAFT Auburn Shoreline Master Program
statement published by the department of agriculture or the department jointly with
other state agencies under Chapter 43.21 C RCW.
J. Watershed restoration projects as defined herein. The City shall review the
projects for consistency with the shoreline master program in an expeditious
manner and shall issue its decision along with any conditions within forty-five days
of receiving all materials necessary to review the request for exemption from the
applicant. No fee may be charged for accepting and processing requests for
exemption for watershed restoration projects as used in this section.
"Utilities, Primary 5,, are facilities which produce, store, collect, treat, carry, discharge, or
transmit electric power, water, storm drainage, gas, sewage, reclaimed water,
communications, or other public services. Accessory utility facilities are those
associated with delivery of such public services to support individual uses and
developments, such as distribution or service lines.
"Variance Shoreline'" means a grant of relief from the specific bulk, dimensional, or
performance standards set forth in the applicable master program and not a means to
vary a use of the shoreline.
"Vegetation conservation"' includes activities to protect and restore vegetation along or
near shorelines that minimize habitat loss and the impact of invasive plants, erosion and
floodinq and contribute to the ecological functions of shoreline areas. Vegetation
conservation provisions include the prevention or restriction of plant clearing and earth
grading, vegetation restoration, and the control of invasive weeds and nonnative
species. Vegetation management provisions apply even to those shorelines and uses
that are exempt from a permit requirement.
"Water Dependent Uses', 5,, means a use or portion of a use which requires direct
contact with the water and which cannot exist in any other location and are dependent
on the water by reason of the intrinsic nature of the operation. Some examples of water
dependent uses include fishing piers and reserves which allow biological systems to
continue in a natural undisturbed manner, environmental remediation and habitat
improvement protects.
"Water Enjoyment Use'" means those uses which provide for recreation involving the
water or facilitates public access to the shoreline as the primary characteristic of the
use, or a use which provides for aesthetic enjoyment of the shoreline for a substantial
number of people as a general characteristic of the use and, through location, design
and operation assures the public's ability to eniov the physical and aesthetic qualities of
the shoreline. To qualify as water enjoyment, a use must be open to the general public
and the waterward side of the project must be devoted to provisions that accommodate
public enjoyment, and the project must meet the Shoreline Master Program public
access requirements. Some examples of water-enjoyment uses include viewing towers,
parks, and educational/scientific reserves.
Draft 1-12
1 = WAC; 2 = RCW,- 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master
"Water Oriented Usesl" means any water dependent, water-related, or water enjoyment
use.
"Water Related Uses'" means those uses which are not intrinsically dependent on a
waterfront location to continue their operation, but whose operation cannot occur
economically at this time, without a shoreline location. Examples include a seafood
processing plant and warehouses for goods transported by water.
"Watershed restoration plan'" means a plan, developed or sponsored by the department
of fish and wildlife, the department of ecology, the department of natural resources, the
department of transportation, a federally recognized Indian tribe acting within and
pursuant to its authority, a city, a county, or a conservation district that provides a
general program and implementation measures or actions for the preservation,
restoration, re-creation, or enhancement of the natural resources, character, and
ecology of a stream, stream segment, drainage area, or watershed for which agency
and public review has been conducted pursuant to chapter 43.21 C RCW, the State
Environmental Policy Act;
A. A public or private protect, the primary purpose of which is to improve fish or
wildlife habitat or fish passage, when all of the following apply
1. The project has been approved in writing by the department of fish and
wildlife as necessary for the improvement of the habitat or passage and
appropriately designed and sited to accomplish the intended purpose;
2._ The project has received hydraulic project approval by the department of fish
and wildlife pursuant to chapter 75.20 RCW; and
3. The local government has determined that the project is consistent with the
local shoreline master program. The local government shall make such
determination in a timely manner and provide it by letter to the project
proponent.
B. Hazardous substance remedial actions. The procedural requirements of Chapter
90.58 RCW shall not apply to a project for which a consent decree, order or agreed
order has been issued pursuant to chapter 70.105D RCW or to the department of
ecology when it conducts a remedial action under chapter 70.105D RCW. The
department shall, in consultation with the appropriate local government, assure
that such projects comply with the substantive requirements of chapter 90.58
RCW, chapter 173-26 WAC and the local master program.
"Watershed restoration project'" means a public or private project authorized by the
sponsor of a watershed restoration plan that implements the plan or a part of the plan
and consists of one or more of the following activities:
A. A proiect that involves less than ten miles of stream reach, in which less than
twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed or
discharged, and in which no existing vegetation is removed except as minimally
necessary to facilitate additional plantings;
1-13 Draft
1 = WAC; 2 = RCW,- 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master Program
B. A project for the restoration of an eroded or unstable stream bank that employs the
principles of bioengineering, including limited use of rock as a stabilization only at
the toe of the bank, and with primary emphasis on using native vegetation to
control the erosive forces of flowing water; or
C. A project primarily designed to improve fish and wildlife habitat, remove or reduce
impediments to migration of fish, or enhance the fishery resource available for use
by all of the citizens of the state, provided that any structure, other than a bridge or
culvert or in-stream habitat enhancement structure associated with the project, is
less than two hundred square feet in floor area and is located above the ordinary
high water mark of the stream.
"Wetlands'" means, for the purposes of this SMP, areas that are inundated or saturated
by surface water or ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bops, and similar areas. Wetlands do not include those artificial wetlands
intentionally created from non-wetland sites, including, but not limited to, irrigation and
drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities, or those wetlands created after July 1,
1990, that were unintentionally created as a result of the construction of a road, street,
or highway. Wetlands may include those artificial wetlands intentionally created from
non-wetland areas to mitigate the conversion of wetlands.
"Width 5,, means the width of a pier or dock at its widest point measured parallel to the
shoreline or the combined width of a pier, dock, and any attached structures such as a
float at the widest point.
Unlisted words and phrases.
The definition of any word or phrase not listed in this SMP which is in question when
administering this regulation shall be defined from one of the following sources which
are incorporated herein by reference. Said sources shall be utilized by finding the
desired definition from source number one but if it is not available there then source
number two may be used and so on. The sources are as follows:
A. City development regulations;
B. Any city resolution, ordinance, code or regulations;
C. Any statute or regulation of the state of Washington (i.e., the most applicable);
D. Legal definitions from case law or a law dictionary;
E. The common dictionary.
Draft 1-14
1 = WAC; 2 = RCW,• 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master
Chapter 2. Shoreline Master Program Elements:
2.1. Economic Development Element
The Economic Development element addresses the location and design of industries,
tourist facilities and commercial and other developments that are particularly dependent
on shoreline locations.
2.1.1 Goals:
Proposed shoreline uses shall be located and developed in a manner that will
maintain or improve the health, safety and welfare of the public.
2. Develop, as an economic asset, recreation opportunities and amenities in a
manner that will promote and enhance the public enjoyment of the shorelines.
3. Economic activity along the shorelines shall protect the quality of the site's
environment or adjacent shorelines.
2.2. Public Access Element
The Public Access element addresses the need for providing public access to shoreline
areas.
2.2.2 Goals:
Provide new and enhance existing public access to the shoreline environment.
2. Create public access to the rivers through the park and trail system that will not
endanger life or property, nor impair the rights of private property owners on the
shorelines.
3. Create public access to the rivers in a manner that will not impair the natural and
ecological systems of the shorelines.
2.3. Circulation Element
The Circulation element addresses the location and extent of existing and proposed
major thoroughfares, transportation routes and other public transportation-related
facilities and correlates those facilities with shoreline uses.
2.3.3 Goal:
Achieve safe, convenient and diversified circulation systems to provide public
access to the shoreline, efficient movement of people and goods, with minimum
disruption to the shoreline environment and minimum conflict among shoreline
uses.
2-1 Draft
DRAFT Auburn Shoreline Master Proqram
2.4. Recreation Element
The Recreation element addresses the preservation and expansion of recreational
opportunities by means of acquisition, development and by other means.
2.4.4 Goals:
1. Continue to provide a broad and comprehensive public and private recreation
system meeting the needs of all age and income groups.
2. Preserve open spaces for passive recreation where more active recreational
development and use would be harmful to the shoreline ecology.
3. Encourage the advantageous use of existing natural features and historic
resources as a part of the recreation program and facilities.
4. Foster the preservation or enhancement of recreation and open space areas as
significant elements of the landscape.
5. Continue to work with King County, Pierce County and other adjacent jurisdictions
to encourage preservation and expansion or diversified recreational opportunities
for the public on the Green and White Rivers.
2.5. Shoreline Use Element
The Shoreline Use Element addresses the derived patterns of land use in the shoreline
area.
2.5.5 Goals:
Promote the best possible pattern of land and water uses that will be most
beneficial to the natural and human environments.
2. Designated Shorelines of Statewide Significance are of value to the entire State
and shall be managed consistent with this recognition. In order of preference the
priorities are to:
a. Recognize and protect the statewide interest over local interest;
b. Preserve the natural character of the shoreline;
C. Result in long term over short term benefit;
d. Protect the resources and ecology of the shoreline; and,
e. Increase public access to publicly owned areas of the shorelines.
2.6. Conservation Element
The Conservation element addresses the preservation of the natural shoreline
resources, considering such characteristics as scenic vistas, open space riparian
corridors, and other valuable natural or aesthetic features. This element promotes the
restoration of shoreline functions and ecological processes along Auburn's shorelines.
Draft 2-2
DRAFT Auburn Shoreline Master
2.6.6 Goals:
1. Restore and enhance shoreline habitats and processes on publicly owned lands.
2. Develop regional solutions with other jurisdictions, tribes and interested parties to
resolve the challenge of protecting shoreline ecological functions while also
protecting shoreline development.
3. Encourage voluntary restoration projects in degraded shoreline environments.
4. Provide ample opportunity for the public to learn about the ecological aspects and
community values of the City's shorelines.
2.7. Historical/Cultural Element
The Historical/Cultural Element addresses the protection and restoration of buildings,
sites and areas having historic, cultural, educational or scientific value.
2.7.7 Goals:
1. Protect, manage and enhance those characteristics of the shoreline that are
unique or have historic significance or aesthetic quality, for the benefit and
enjoyment of the public.
2. Protect archaeological, historic and cultural sites and buildings identified on
national, state or local historic registers from destruction or alteration, and from
encroachment by incompatible uses.
3. Identify such resources during review of proposed development in or near the
Green and White Rivers.
2.8. Flood Prevention/Critical Areas Element:
The Flood Protection/Critical Areas Element addresses reducing potential flood hazards
and flood damages in the City of Auburn and the protection of critical areas in Auburn's
shoreline area.
2.8.8 Goals:
Continue to participate in a regional approach to flood protection issues,
coordinating with the State of Washington, King County, Pierce County and other
entities interested in reducing flood hazards on both the White and Green Rivers.
2. Continue to protect wetlands, streams, wildlife habitat, and groundwater and
minimize geologic hazards in the shoreline environment in accordance with the
critical areas ordinance.
2-3 Draft
DRAFT Auburn Shoreline Master Program
Chapter 3. Shoreline Environments
3.1. Purpose
To more effectively plan and manage shoreline resources through the development of a
Shoreline Master Program, a system of categorizing shoreline areas through a
classification called "Environments" has been used. This system applies appropriate
policies and regulations to distinctively different shoreline areas.
The purpose of shoreline environment designations is to differentiate between areas
whose geographical, hydrological, topographical, or other features imply differing
objectives for the use and future development of the city's shorelines.
The determination as to which designation should be given to any specific shoreline
area has been based on, and is reflective of, the existing use pattern; the biological and
physical character of the shoreline; the goals and aspirations
of the local citizenry; and the criteria in the Shoreline Management Act guidelines (WAC
173-26-211).
Each environment designation represents a particular emphasis in the type of uses and
development that should be allowed. The environment designation system is designed
to encourage uses in each environment that enhance or are compatible with the
character of the environment, while at the same time requiring reasonable standards
and restrictions on development so that the character of the environment is not
adversely impacted.
Each environment designation category includes: (1) a purpose statement which
clarifies the meaning and intent of the designation; (2) criteria to be used as a basis for
classifying a specific shoreline area with that environment designation; and (3) general
management policies designed to guide management decisions and development
consistent with the character of the environment. To accomplish the purpose of this
chapter the following shoreline environment designations have been established:
1. Shoreline Residential
2. Urban Conservancy
3. Natural
3.2. Shoreline Residential
3.2.1 Purpose:
The purpose of the "Shoreline Residential" environment is to accommodate residential
development and appurtenant structures that are consistent with this chapter. An
additional purpose is to provide appropriate public access and recreational uses.
3.2.2 Designation Criteria:
The Shoreline Residential environment designation is appropriate for those areas of the
City's shorelines that are characterized predominantly by single-family or multifamily
residential development or are planned and platted for residential development.
3-1 Draft
DRAFT Auburn Shoreline Master Program
3.2.3 Management Policies:
The following management policies should apply to all shorelines in the Shoreline
Residential Environment:
Standards for density or minimum frontage width, setbacks, lot coverage
limitations, buffers, shoreline stabilization, vegetation conservation, critical area
protection, and water quality shall be set to maintain no net loss of shoreline
ecological functions. Proposed projects should be reviewed for consistency with
the no net loss policy, taking into account 1) the environmental limitations and
sensitivity of the shoreline area, 2) proposed mitigation for anticipated impacts, 3)
the level of infrastructure and services available, and 4) other comprehensive
planning considerations.
2. Multifamily and multi-lot residential and recreational developments should provide
public access and joint use for community recreational facilities where appropriate.
3. Access, utilities, and public services should be available and adequate to serve
existing needs and/or planned future development.
3.3. Urban Conservancy
3.3.4 Purpose:
The purpose of the "Urban Conservancy" environment is to protect and restore
ecological functions of open space, floodplain and other sensitive lands where they exist
in urban and developed settings, while allowing a variety of compatible uses as
e6tablishorl hvconsistent with the Comprehensive Plan.
3.3.5 Designation Criteria:
The Urban Conservancy environment designation is appropriate for those areas
planned for development that is compatible with maintaining or restoring of the
ecological functions of the area, and that are not generally suitable for intensive water-
dependent uses.
3.3.6 Management Policies:
The following management polices should apply to all shorelines in the Urban
Conservancy Environment:
1 ResWeRtial FeGFeati. Ral aRd publi„ faGic+„ „sow Primary allowed uses and their
associated development standards should that preserve the natural character of
the area or promote preservation of open space, floodplain or sensitive lands
where they exist in urban and developed settings, either directly or over the long
term. she ld be the primaF y allowed use . Uses that result in restoration of
ecological functions should be allowed if the use is otherwise compatible with the
purpose of the environment and the setting.
2. Standards should be established for shoreline stabilization measures, vegetation
conservation, water quality, and shoreline modifications within the "urban
conservancy" designation. These standards,
Draft 3-2
DRAFT Auburn Shoreline Master
should ensure that new development does
not result in a net loss of shoreline ecological functions or further degrade other
shoreline values.
3. Public access and public recreation objectives should be implemented whenever
feasible and significant ecological impacts can be mitigated.
4. Water-oriented uses should be given priority over nonwater-oriented uses. For
shoreline areas with commercial development or adjacent to commercially
navigable waters, water-dependent uses should be given highest priority.
5. Existing mining and related activities may be an appropriate use within the urban
conservancy environment when conducted in a manner consistent with the
environment policies and the provisions of WAC 173-26-241 (3)(h) and when
located consistent with mineral resource lands designation criteria pursuant to
RCW 36.70A.170 and WAC 365-190-070. No new mining uses or expansion of
existing mines should be permitted within the shoreline jurisdiction.
3.4. Natural
3.4.7 Purpose:
The purpose of the "Natural" environment is to protect those shoreline areas that are
relatively free of human influence or that include intact or minimally degraded shoreline
functions that would become irreversibly impaired as a result of human development
and activity. These systems require that only very low intensity uses be allowed in order
to maintain ecological functions and ecosystem-wide processes. Consistent with the
policies of the designation, the City of Auburn should include planning for restoration of
degraded shorelines within this environment.
3.4.8 Designation Criteria:
The "Natural" environment designation should be assigned to shoreline areas if any of
the following characteristics apply: (A) The shoreline is ecologically intact (as described
in WAC 173-26-211(5)(a)(iii)) and therefore currently performing an important,
irreplaceable function or ecosystem-wide process that would be damaged by human
activity; (B) The shoreline is considered to represent ecosystems and geologic types
that are of particular, scientific and educational interest; or (C) The shoreline is unable to
support new development or uses without significant adverse impacts to ecological
functions or risk to human safety.
3.4.9 Management Policies:
The following management policies should apply to all shoreline areas classified as
Natural Environments:
Any use that would substantially degrade the ecological functions or natural
character of the shoreline area should not be allowed.
2. The following new uses should be-d+sseuFagednot be allowed in the "Natural"
environment:
3-3 Draft
DRAFT Auburn Shoreline Master
a. Commercial uses.
b. Industrial uses.
C. Non-water-oriented recreation.
d. Roads, utility corridors, and parking areas that can be reasonable located
outside of "Natural" designated shorelines.
3. Single-family residential development may be allowed as a conditional use within
the "Natural" environment if the density and intensity of such use is limited as
necessary to protect ecological functions and be consistent with the purpose of the
environment.
4. Scientific, historical, cultural, educational research uses, and low-intensity water
oriented recreational access uses may be allowed provided that no significant
ecological impact on the area will result.
5. New development or significant vegetation removal that would reduce the
capability of vegetation to perform normal ecological functions should not be
allowed. Do not allow the subdivision of property in a configuration that, to achieve
its intended purpose, will require significant vegetation removal or shoreline
modification that adversely impacts ecological functions. That is, each new parcel
must be able to support its intended development without significant ecological
impacts to the shoreline ecological functions.
3.5. Shoreline environment descriptions, map, and boundaries.
A. The following "Shoreline Environment Descriptions" shall constitute the official
descriptions of the limits of all city shorelands as defined by RCW 90.58.030.
Official maps prepared pursuant to Chapter 173-26 WAC are on file with the City
and included as Exhibit A to the Master Program.
B. Shoreline Environment Descriptions. Descriptions for each river are described
generally from upstream to downstream limits within the city. The use of "left bank"
and "right bank" refers to facing downstream. The Shoreline Environment
Designations maps in Exhibit A indicate the shoreline environment designation for
the White and Green Rivers.
Green River
1. Natural.
a. Left bank, limits of shoreline jurisdiction within the city limits in the NW
and NE quarters, Section 27, Township 21 N, Range 5 E, Willamette
Meridian.
b. Right bank, limits of shoreline jurisdiction within the city limits in the SE
quarter, Section 17, Township 21 N, Range 5 E, Willamette Meridian.
2. Urban Conservancy.
Draft 3-4
DRAFT Auburn Shoreline Master
a. Left bank, limits of shoreline jurisdiction within the city limits, from the
boundary between the SE and SW quarters, Section 17, Township 21 N,
Range 5 E, Willamette Meridian to 2nd Street SE.
b. Right bank, limits of shoreline jurisdiction within the city limits in the NW
quarter, Section 17, Township 21 N, Range 5 E, Willamette Meridian to
Lea Hill Road SE.
c. Right bank, limits of shoreline jurisdiction within the city's Potential
Annexation Area (PAA) from Lea Hill Road SE to NW quarter, Section 8,
Township 21 N, Range 5 E, Willamette Meridian.
d. Right bank, limits of shoreline jurisdiction within the city limits from NW
quarter, Section 8, Township 21 N, Range 5 E, Willamette Meridian to
the northern city limits.
e. Left bank, from 26th Street NE to the northern city limits.
3. Shoreline Residential.
a. Left bank, from 2nd Street SE to 26th Street NE.
White River
1. Natural.
a. Left bank, limits of shoreline jurisdiction from southern city limits to the
boundary between Sections 28 and 29, Township 21 N, Range 5 E,
Willamette Meridian.
b. Right bank, limits of shoreline jurisdiction from southern city limits to the
boundary between the NE and NW quarters of Section 28, Township 21
N, Range 5 E, Willamette Meridian.
2. Urban Conservancy.
a. Left bank, limits of shoreline jurisdiction within Game Farm Wilderness
Park.
b. Right bank, limits of shoreline jurisdiction from the boundary between the
NE and NW quarters of Section 28, Township 21 N, Range 5 E,
Willamette Meridian, to the west property boundary of Auburn Game
Farm Park.
c. Left bank, limits of shoreline jurisdiction from R Street SE/Kersey Way
SE to the western city limits.
3-5 Draft
DRAFT Auburn Shoreline Master Program
d. Right bank, limits of shoreline jurisdiction from the east property
boundary of Mount Baker Middle School to the boundary between
Sections 30 and 31, Township 21 N, Range 5 E, Willamette Meridian.
3. Shoreline Residential.
a. Left bank, limits of shoreline jurisdiction in the Stuck River Road Special
Plan Area, including portions of the NE and SW quarters, Section 29,
Township 21 N, Range 5 E, Willamette Meridian.
b. Right bank, limits of shoreline jurisdiction from the west property
boundary of Auburn Game Farm Park to the east property boundary of
Mount Baker Middle School.
c. Right bank, limits of shoreline jurisdiction from the boundary between
Sections 30 and 31, Township 21 N, Range 5 E, Willamette Meridian to
the western city limits.
C. The department may, from time to time as new or improved information becomes
available, modify the official maps described in subsection (A) of this section
consistent with state guidelines to more accurately represent, clarify, or interpret
the true limits of the shorelines defined herein.
D. Areas found to be within shoreline jurisdiction that are not mapped and/or
designated are automatically assigned the "Urban Conservancy" designation until
re-designated through a master program amendment process.
E. Location of Boundaries.
Boundaries indicated as following streets, highways, roads, and bridges shall
be deemed to follow the centerline of such facilities unless otherwise
specified.
2. Boundaries indicated as following railroad lines and transmission lines shall
be deemed to follow the centerline of such rights-of-way or easements unless
otherwise specified.
Draft 3-6