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ORDINANCE NO. 6 2 3 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 AMENDING THE ADOPTED 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
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
Ordinance No. 6235
April 15, 2009 .
Page 1
WHEREAS, the proposed Slioreline 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 CTED on February 12, 2007; and
WHEREAS, the City adopted the Shoreline Master Program contingent
upon review and approval by Ecology on June 2, 2008; and
WHEREAS, the proposed Shoreline Master Program was sent to Ecology
and deemed complete on February 4, 2009, and has completed a 30-day
comment period as required by WAC 173-26-120; and
WHEREAS, the City has completed a response to all comments received
by Ecology during the 30-day comment period; and
WHEREAS, Ecology is in the final approval process for the Shoreline
Master Program update;
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
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.
( 16.08.051 Statement of Exemption
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.
Ordinance No. 6235
April 15, 2009
Page 2
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.
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 90.58 RCW; the State Department of Ecology regulations and guidelines adopted
as Chapters 173-26 and 173-27 WAC; the Auburn shoreline master program attached to
the ordinance codified in this chapter, 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. 6095 § 1, 2008; Ord. 4840 §
1, 1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.010.)
16.08.015 Adoption of shoreline management procedures.
The city of Auburn hereby adopts by reference the following sections or
subsections of Chapter 173-27 WAC, as amended, 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
(Ord. 6095 § 1, 2008.)
Ordinance No. 6235
April 15, 2009
Page 3
16.08.020 Definitions.
As used in this chapter:
A. "Act" means the Shoreline Management Act of 1971 (Chapter 90.58 RCW)
and state departmental regulations pursuant thereto, including any amendments thereto.
B. "Committee" means the planning and community development committee
of the city council.
C. "Definitions by reference" means the definitions and concepts set forth in
Chapter 6 of the Auburn shoreline master program attached to the ordinance codified in
this chapter, the Act (RCW 90.58.030), and state departmental definitions (WAC 173-27-
030 and 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. 6095 § 1, 2008; 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 ensure 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 program, rules or
regulations adopted pursuant thereto, and to otherwise enforce the provisions of this
chapter and the Act. (Ord. 6095 § 1, 2008; 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 173-27-180 including the
following information:
A. Completed Joint Aquatic Resource Permit Application (JARPA) form.
B. Completed intake form from WAC 173-27-990, Appendix A- Shoreline
Management Act Permit Data Sheet and Transmittal Letter.
C. The name, address, phone number and e-mail 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.
D. The name, address, phone number and e-mail address of the applicant's
representative, if other than the applicant.
E. The name, address, phone number and e-mail address of the property
owner, if other than the applicant.
F. 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.
G. 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.g., Puget Sound).
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April 15, 2009
Page 4
H. A general description of the proposed project that includes the proposed
use or uses and the activities necessary to accomplish the project.
1. A general description of the property as it now exists including its physical
characteristics and improvements and structures.
J. 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.
K. 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:
1. The boundary of the parcel(s) of land upon which the development is
proposed.
2. The ordinary high water mark of all water bodies located adjacent to or
within the boundary of the project. 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 adjacent 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.
3. 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.
4. A delineation of all wetland areas that will be altered or used as a part of
the development.
5. A general indication of the character of vegetation found on the site.
6. 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.
7. Where applicable, a landscaping plan for the project.
8. 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.
9. Quantity, source and composition of any fill material that is placed on the
site whether temporary or permanent.
10. Quantity, composition and destination of any excavated or dredged
material.
11. A vicinity map showing the relationship of the property and proposed
development or use to roads, utilities, existing developments and uses on adjacent
properties.
12. Where applicable, a depiction of the impacts to views from existing
residential uses and public areas.
L. Copy of completed SEPA environmental checklist, declaration of
nonsignificance 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. 6235
April 15, 2009
Page 5
M. The names, addresses and legal description for each parcel of property
within 300 feet of the exterior boundary of the subject property as shown by the records of
the King County or Pierce County assessor.
N. 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. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987;
Ord. 4047 § 72, 1985; 1957 code § 11.94.040(a).)
16.08.050 Application - Notice.s.
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. 6095 § 1, 2008;
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).)
16.08.051 Statement of Exemption.
Where development proposals in shoreline jurisdiction are subiect to review,
approval, and permitting by a federal or state aqencv, the Director shall prepare a
statement of exemqtion, addressed to the applicant, the federal or state permittinq
aaency, and Ecoloqv. The letter shall indicate the specific exemption provision from WAC
173-27-040 that is beinq applied to the develapment and provide a summary of the
analysis demonstrating consistencv of the proiect with the Auburn SMP and the SMA.
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 (Chapter 90.58 RCW;
Chapters 173-26 and 173-27 WAC).
B. The director may attach conditions to the approval of permits as necessary
to assure consistency of the proposal with the above criteria. (Ord. 6095 § 1, 2008.)
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;
Ordinance No. 6235
April 15, 2009
Page 6
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;
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;
6. That the proposed use is in the best interest of the public health, safety,
morals or welfare; and
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. (Ord. 6095 § 1, 2008.)
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 ACC 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, bogs or swamps
pursuant to Chapter 173-22 WAC, 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 applicanYs 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;
Ordinance No. 6235
April 15, 2009
Page 7
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
Chapter 173-22 WAC, may be authorized, provided the applicant can demonstrate all the
criteria stated above as well as the following:
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. hat 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 Chapter
90.58 RCW 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. (Ord. 6095 § 1, 2008.)
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. 6095 § 1, 2008; 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 this chapter and the master plan for the city shall be on the
applicant, plus the requirements pursuant to Section 14(6) of the Act. (Ord. 6095 § 1,
2008; 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
I application for a shoreline substantial development permit, shoreline conditional use
permit, or shoreline variance 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. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987;
1957 code § 11.94.050(a).)
16.08.090 Application - Hearing - Official conducting.
Ordinance No. 6235
April 15, 2009
Page 8
The public hearing required by ACC 16.08.080 shall be conducted by the hearing
examiner. (Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code
§ 11.94.050(b).)
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. 6095 § 1, 2008;
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.
6095 § 1, 2008; 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. 6095 § 1, 2008; 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 State Shorelines Hearings Board, pursuant to ACC 16.08.190. 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. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord.
4047 § 77, 1985; 1957 code § 11.94.050 (fl.)
16.08.140 Grant or denial decision - Notifications.
The director shall notify the following persons in writing of the hearing examiner's
I final approval, disapproval or conditional approval of a substantial development permit,
shoreline conditional use permit, or shoreline variance 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. 6095
§ 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 78, 1985; 1957 code §
11.94.060(a).)
Ordinance No. 6235
April 15, 2009
Page 9
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
have been terminated. (Ord. 6095 § 1, 2008; 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. 6095 § 1, 2008; 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. 6095 § 1, 2008; 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
otherfederal, state and county permits, procedures and regulations. (Ord. 6095 § 1, 2008;
Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.060(e). )
16.08.190 Decision appeals.
Any person aggrieved by the granting, denying or rescission of a substantial
development permit by the hearing 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 council'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. 6186 § 3, 2008; Ord. 6095 § 1, 2008; 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.
B. The director may initiate rescission and modification proceedings by
serving written notice of noncompliance on the permittee.
Ordinance No. 6235
April 15, 2009
Page 10
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. 6095 § 1, 2008; 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. 6095 § 1, 2008; 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. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225
§ 1, 1987; 1957 code § 11.94.100.)
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. 6235
April 15, 2009
Page 11
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.
INTRODUCED: APR 2 0 2009
PASSED: APR 2 0 2009
APPROVED: APR 2 0 2009
~
~
PETE'R B. LEWIS, MAYOR
ATTEST:
~
Danielle E. Daskam, City Clerk
APP VED TO FORM:
batl'i'el B. Hei ,Q* A rne
Published: z--~ a~
Ordinance No. 6235
April 15, 2009
Page 12
Auburn Shoreline Master Program
~
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Notice: The Auburn City Council adopted the updated Auburn Shoreline Master
Program (SMP) on June 2, 2008, Ordinance number 6095. The SMP update was
completed with the assistance of SMA Grant No. G060103. In accordance with RCW
90.58, the State Shoreline Management Act, the City Council adopted SMP must be
forwarded to the Washington State Department of Ecology for final review and approval
prior to becoming effective. The 1974 City of Auburn Shoreline Management Master
Program remains in effect until such time that Department of Ecology approval of the
Auburn SMP update is issued.
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Auburn Shoreline Master Program
TABLE OF CONTENTS
PREFACE P-1
CHAPTER 1.0 DEFINITIONS ....................................................................................1-1
1.1 I nterpretation . ...................................................................................................1-1
1.2 Definitions .........................................................................................................1-1
CHAPTER 2.0 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
2.2.1 Goals :.................................................................................................................2-1
2.3 Circulation Element ..........................................................................................2-7
2.3.1 Goal :...................................................................................................................2-1
2.4 Recreation Element ..........................................................................................2-2
2.4.1 Goals :.................................................................................................................2-2
2.5 Shoreline Use Element ....................................................................................2-2
2.5.1 Goals :.................................................................................................................2-2
2.6 Conservation Element ......................................................................................2-2
2.6.1 Goals :.................................................................................................................2-3
2.7 Historical/Culturai Element ..............................................................................2-3
2.7.1 Goals .........................................................................................................2-3
2,8 Flood PreventionlCritical Areas Element :......................................................2-3
2.8.1 Goals :.................................................................................................................2-3
CHAPTER 3.0 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
3.3.1 Purpose :.............................................................................................................3-2
3.3.2 Designation Criteria :...........................................................................................3-2
3.3.3 Management Policies :........................................................................................3-2
3.4 Natural ...............................................................................................................3-3
3.4.1 Purpose :.............................................................................................................3-3
3.4.2 Designation Criteria :...........................................................................................3-3
3.4.3 Management Policies : 3-3
3.5 Shoreline environment descriptions, map, and boundaries ........................3-4
CHAPTER 4.0 SHORELINE MASTER PROGRAM POLICIES, DEVELOPMENT
STANDARDS AND USE REGULATIONS ........................................4-1
4.1 Scope .................................................................................................................4-1
4.2 Applicability. ..........................................4-1
4.3 I nterpretatio n . 4-2
4.3.1 Adoption of additional regulations . .....................................................................4-2
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4.4 General Policies and Regulations ...................................................................4-3
4.4.1 Conservation and Restoration ............................................................................4-3
4.4.2 Shoreline Vegetation Conservation ....................................................................4-4
4.4.3 Environmental Impact Mitigation ........................................................................4-7
4.4.4 Critical Areas 4_8
4.4.5 Critical Area Regulations Table ..........................................................................4-9
4.4.6 Public Access (including views) ........................................................................4-13
4.4.7 Flood Hazard Reduction .........................................4-14
4.4.8 Water Quality, Storm water and Non-Point Pollution ........................................4-16
4.4.9 Educational and Archeological Areas and Historic Sites ..................................4-17
4.4.10 Nonconforming Use and Development Standards ...........................................4-18
4.5 Permitted Use Table .......................................................................................4-19
4.6 Shoreline Modification ...................................................................................4-25
4.6.1 Prohibited Modifications 4-25
4.6.2 Dredging and Dredge Material Disposal ...........................................................4-25
4.6.3 Piers and Docks 4-26
4.6.4 Shorefine Stabilization (bulkheads and revetments) ........................................4-26
4.6.5 Clearing and Grading .......................................................................................4-29
4.6.6 Fill ...................................................................................................................4-30
4.6.7 Shoreline Habitat and Natural Systems Enhancement Projects ......................4-30
4.7 Shoreline Uses ...............................................................................................4-31
4.7.1 Prohibited Uses ................................................................................................4-31
4.7.2 Agriculture 4-32
4.7.3 Aquaculture ......................................................................................................4-33
4.7.4 Boating Facilities ..............................................................................................4-34
4.7.5 In-Stream Structural Uses ................................................................................4-35
4.7.6 Mining 4-35
4•7•7 Recreation 4-36
4.7.8 Residential Development .................................................................................4-38
4.7.9 . Signs ................................................................................................................4-40
4.7.10 Transportation ..................................................................................................4-41
4.7.11 Utilities ..............................................................................................................4-43
CHAPTER 5.0 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 Ecolo
9Y . .........................................................5-2
CHAPTER 6.0 SHORELINE MANAGEMENT ADMINISTRATIVE AND PERMITTING
PROCEDURES 6-1
16.08.010 Chapter purpose and intent . ...............................................................................6-1
16.08.015 Adoption of shoreline management procedures .................................................6-2
16.08.020 Definitions
.................................6-2
16.08.030 Administration and enforcement .........................................................................6-3
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16.08.040 Application - Generally . .....................................................................................66-3
-5
16.08.050 Application - Notices .
16.08.052 Statement of Exemption . ....................................................................................6-5
16.08.054 Application - Shoreline substantial development permit - Review criteria. .......6-5
16.08.056 Application - Shoreline conditional use permit - Review criteria . ...............:.....6-5
16.08.058 Application - Shoreline variance - Review criteria .............................................6-6
16.08.060 Application - Review criteria - Additional information ........................................6-7
16.08.070 Development conformance burden of proof . ......................................................6-7
16.08.080 Application - Hearing - Required .......................................................................6-7
16.08.090 Application - Hearing - Official conducting . .......................................................6-8
16.08.100 Application - Hearing - Continuance . ................................................................6-8
16.08.110 Application - Hearing - Decision . ......................................................................6-8
16.08.120 Application - Hearing - Rules of conduct ...........................................................6-8
16.08.130 Application - Decision final . ...............................................................................6-8
16.08.140 Grant or denial decision - Notifications . .............................................................6-8
16.08.150 Development commencement time . ...................................................................6-9
16.08.160 Termination or review and extension for nondevelopment .................................6-9
16.08.170 Conditions or restrictions authorized . .................................................................6-9
16.08.180 Issuance limitations . ...........................................................................................6-9
16.08.190 Decision appeals . .............................................................................................6-10
16.08.200 Rescission or modification ................................................................................6-10
16.08.210 Violation - Penalty ............................................................................................6-10
16.08.220 Administration rules promulgation . ...................................................................6-10
LIST OF TABLES
Table 1. Critical Area Regulations ..........................................................................................4-10
Table 2. Permitted Use ...........................................................................................................4-20
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. Critical Area Provisions in Shoreline Jurisdiction
Appendix B. ACC Chapter 18.54 Nonconforming Structures, Land and Uses
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Appendix C. Geologic Hazard Report Submittal Requirements
Appendix D. Permit Data Sheet
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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 enjoy 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 its first Shoreline Management Master Program on January
21,1974. 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
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Auburn Shoreline Master Program
shoreline development by 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.
During the development of the SMP update the City worked with a Citizen's Advisory
Committee for several months. 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.
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CHAPTER 1.0 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 2006-2009 SMP Update.
1.2 Definitions.
"Accessory Structure5" 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.
"Agriculturell,
A. "Agricultural activities"" means agricultural uses and practices including, but not
limited to: producing, breeding, or increasing agricultural products; rotating and
changing agricultural crops; allowing land used for agricultural activities to lie fallow
in which it is plowed and tilled but left unseeded; allowing land used for agricultural
activities to lie dormant as a result of adverse agricultural market conditions; allowing
land used for agricultural activities to lie dormant because the land is enrolled in a
local, state, or federal conservation program, or the land is subject to a conservation
easement; conducting agricultural operations; maintaining, repairing, and replacing
agricultural equipment; maintaining, repairing, and replacing agricultural facilities,
provided that the replacement facility is no closer to the shoreline than the original
facility; and maintaining agricultural lands under production or cultivation;
B. "Agricultural products"" includes, but is not limited to, horticultural, viticultural,
floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and
apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and
similar hardwood trees grown as crops and harvested within twenty years of
planting; and livestock including both the animals themselves and animal products
including, but not limited to, meat, upland finfish, poultry and poultry products, and
dairy products;
C. "Agricultural equipment"" and "agricultural facilities"' includes, but is not limited to:
1. The following used in agricultural operations: Equipment; machinery; constructed
shelters, buildings, and ponds; fences; upland finfish rearing facilities; water
diversion, withdrawal, conveyance, and use equipment and facilities including,
but not limited to, pumps, pipes, tapes, canals, ditches, and drains;
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2. Corridors and facilities for transporting personnel, livestock, and equipment to,
from, and within agricultural lands;
3. Farm residences and associated equipment, lands, and facilities; and
4. Roadside stands and on-farm markets for marketing fruit or vegetables; and
D. "Agricultural land',5i means those specific land areas on which agricultural activities
have been in existence as of July 1, 1990 (the effective date of the Growth
Management Act) as evidenced by aerial photography or other documentation.
"Agricultural activities, existing and ongoing5" means those activities conducted on
agricultural lands, and those activities involved in the production of crops and livestock.
Such activity must have been in existence as of July 1, 1990 (the effective date of the
Growth Management Act). The definition includes, but is not limited to, operation and
maintenance of farm and stock ponds or drainage ditches, irrigation systems, changes
between agricultural activities or crops, and normal operation, maintenance or repair of
existing serviceable structures, facilities, or improved areas. Activities, which bring an
area into agricultural use from a previous nonagricultural use, are not considered part of
an ongoing activity. An operation ceases to be ongoing when the area on which it was
conducted is proposed for conversion to a nonagricultural use or has lain idle for a
period of longer than five years, unless the idle land is registered in a federal or state
soils conservation program. Forest practices are not included in this definition.
"Aquaculture5" is the farming or culturing of fishery resources in freshwater areas which
may require development of fish hatcheries, rearing pens, and structures, as well as use
of natural spawning and rearing areas. Activities include the hatching, cultivating,
feeding, and raising of fisheries and the maintenance and construction of necessary
equipment, buildings and growing areas.
"Associated Wetlands1" 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.
"Best Management Practices5i means conservation practices or systems of practices
and management measures that:
1. Control soil loss and reduce water quality degradation caused by nutrients,
animal waste, toxins, and sediment;
2. Minimize adverse impacts to surface water and ground water flow, circulation
patterns, and to the chemical, physical, and biological characteristics of waters,
wetlands, and other fish and wildlife habitats;
3. Control site runoff, spillage or leaks, sludge or water disposal, or drainage from
raw material.
"Bioengineering'" 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
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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 Ramps5" are areas developed for boating ingress and egress.
"Boat house5" 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.
"Breakwater5" means an offshore structure that is generally built parallel to shore that
may or may not be connected to land, and may be floating or stationary. Their primary
purpose is to protect harbors, moorages and navigation activity from wave and wind
action by creating stillwater areas along shore. A secondary purpose is to protect
shorelines from wave caused erosion.
"Buffer Strip5" 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.
"Bulkhead5" 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.
"Channelization5" means the straightening, deepening, or widening of a stream channel
for the purpose of increasing the stream's carrying capacity.
"CityS" means the City of Auburn.
"Commercial developments5" are those uses involved in wholesale and retail trade or
business activities, including professional offices.
"Community Pier or pock5" 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, Shoreline1" means a use, development, or substantiat development
which is classified as a conditional use or is not classified within the master program.
"Critical Areas5i means wetlands, streams, flood hazard areas, fish and wildlife areas,
aquifer recharge areas, and geologically hazardous areas as defined and designated by
Appendix A, "Critical Areas".
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"Critical Freshwater Habitats5" 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.
"Dedication5" 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.
"Director5" means the Director of Planning, Building, and Community Department for the
City of Auburn or his/her assigned designee.
"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.
"Dredging5i is the removal of material from the bottom of a stream, river or other water
body.
"Dry Well5" means a pit filled with coarse rock or lined with crushed rock or gravel for
use as a storm disposal method.
"Dune modification1" means the removal or addition of material to a dune, the reforming
or reconfiguration of a dune, or the removal or addition of vegetation that will alter the
dune's shape or sediment migration.
"Educational and archeological sites and historical areas5" 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 remediation5" 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.
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"Float5" 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 reduction1" activities 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 floodwalls 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 Fringe5" means the area outside the floodway but still in the flood hazard
zone.
"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
ftooding that occur with reasonable regularity, although not necessarily annually, said
floodway being identified, under normal condition, by changes in surface soil conditions
or changes in types or quality of vegetative ground cover condition. The floodway 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.
"Forest Land'5" means all land that is capable of supporting a merchantable stand of
timber and is not being actively used, developed, or converted in a manner that is
incompatible with timber production.
"Forest Practices1, 5" means any activity conducted on or directly pertaining to forest
land and relating to growing, harvesting, or processing of timber; including, but not
limited to: (1) road and trail construction, (2) fertilization, (3) prevention and suppression
of diseases and insects; or other activities that qualify as a use or development subject
to the Act.
Excluded from this definition is preparatory work such as tree marking, surveying and
removal of incidental vegetation such as berries, greenery, or other natural products
whose removal cannot normally be expected to result in damage to shoreline natural
features. Also excluded from this definition is preparatory work associated with the
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conversion of land for non-forestry uses and developments. Log storage away from
forest land is considered Industrial.
"Gangway5" means a sloping structure that provides access from a pier to a float.
"GradingI" 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.
"Groin5" means a barrier type structure extending from back shore into the water, the
purpose of which is to interrupt sediment movement along the shore.
"Guidelines5" means those guidelines adopted pursuant to the Shorelines Management
Act of 1971.
"Habitat improvement5" 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 Substances1" means those wastes designated by WAC 173-340-200, and
regulated as hazardous substances by the Department of Ecology.
"Hearing Examiner5" 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 Board2" 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.
"Home based daycare3" means a licensed daycare that regularly provides daycare for
not more than 12 children or adults in the provider's home in the family living quarters,
for periods of less than 24 hours.
"Impervious SurFace5" means those surfaces that do not allow the downward passage of
water.
"Industrial development3,5" means facilities for manufacturing, assembling, fabricating,
processing, and storage of finished or semi-finished goods, including but not limited to
basic wood processing, enameling, galvanizing and electroplating, heavy equipment
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and truck repair, lumber yards, motor freight terminals and transportation, warehousing
and distribution facilities, construction contractors services and material/equipment
storage yards, wholesale trade, and log storage, together with necessary accessory
uses such as parking and loading. Excluded from this definition are mining, including
on-site processing of raw materials, solid waste storage and transfer facilities, primary
utilities, and road or railway development.
"In-stream Structural Uses1" 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 Center5" means a facility containing artifacts, history and information about
a site in the immediate area.
"Jetties5" means structures that are generally perpendicular to shore extending through
or past the intertidal zone. They are built singly or in pairs at harbor entrances or river
mouths mainly to prevent shoaling or accretion from littoral drift in entrance channels,
which may or may not be dredged. Jetties also serve to protect channels from storm
waves or cross currents, and stabilize inlets through barrier beaches.
"Joint Use Pier or pock5" 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'5" is the creation of dry upland area by filling or depositing of sand, soil or
gravel into a shoreland/shoreline area.
"Launching Ramps5" means areas solely developed for boating ingress and egress.
"Levee, Dike5" means a broad embankment of earth built parallel with the river channel
to contain flow within the channel.
"Linear Access5" 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',5" means dredging for the purpose of maintaining a prescribed
minimum depth of any specific waterway project.
"Master Program4" 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.
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"May'" means the action is acceptable, provided it conforms to the provisions of WAC
173-26 and this SMP.
"Mineral Resource Landsmeans lands primarily devoted to the extraction of minerals
or that have known or potential long-term commercial significance for the extraction of
minerals.
"Mining5" 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 Loss5" 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
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 Uses5" 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'° 5" 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 Plain5" means lowlands adjoining 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
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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 adjoining fresh
water shall be the line of inean 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.
"Person5" means an individual, partnership, corporation, association, organization,
cooperative, public or Municipal Corporation, or agency of the state or local
governmental unit however designated.
"Pier5" 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 Access5s 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 pockSi shall mean a pier or dock including a gangway
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 witdlife density; comparatively high 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, snags) of key value to fish and wildlife. A priority habitat may contain
priority and/or nonpriority fish and wildlife.
"Priority Speciesl" 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.
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"Priority use5" 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 access5" 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 pock5i 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.
"Railroad5" means a linear passageway for the movement of train passengers or freight.
"Recreation5" 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 includes the creation of new residential lots through
land division. Residential development shall not include hotels, motels, or other transient
housing or camping facilities.
"Restoration'" means 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.
"Revetments5" 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 layers of
smaller rock or filter cloth and "toe" protection. A revetment typically slopes waterward
and has rough or jagged 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. '
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"Road5" means a linear passageway, usually for motor vehicles. Bridges are roads
which cross over water.
"Shall"" means a mandate; the action must be done.
"Shorelands" or "Shoreland Areas2" means those lands extending landward for two
hundred feet in all directions as measured on a horizontal plane from the ordinary high
water mark; floodways and contiguous floodplain areas landward two hundred feet from
such floodways; 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 extending landward two hundred feet there from;
"Shoreline Areas" and "Shoreline Jurisdictionl" 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 Modificationsl" 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 Significance2" means those shorelines described in RCW
90.58.030.
"Shorelines2" 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 (iii) shorelines on lakes less than twenty
acres in size and wetlands associated with such small lakes.
"Shoreline Stabilization5" 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.
"Shoreline Stabilization, new1,5" means the construction of hard or soft shoreline
stabilization measures along a property abutting the shoreline that does not have an
existing shoreline stabilization measure. Adding to an existing shoreline stabilization
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structure or increasing the size of an existing shoreline stabilization structure are also
considered new shoreline stabilization structures.
"Shoreline Stabilization, replacement"" means the construction of a new structure to
, perform a shoreline stabilization function of an existing structure which can no longer
adequately serve its purpose. Additions to or increases in size of existing shoreline
stabilization measures shall be considered new structures.
"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, Warning5" means a sign designed to warn pedestrians or vehicles of some
imminent danger.
"Sign3, 5" means any device, structure, fixture or placard that is visible from 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.
"Signs5" are public displays whose purpose is to provide information, direction, or
advertising.
"Single Use Pier or pock5" means a dock or pier including a gangway and/or float
intended for the private noncommercial use of one individual or family.
"Single-family Residencel" 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 a septic
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 disposal5" is the disposal of garbage, refuse and solid waste materials
resulting from domestic, agricultural and industrial activ-ities, construction and demolition
debris.
"Streamway5" 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,
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fauna, soil, and topography is dependent on or influenced by the height and velocity of
the fluctuating river currents.
"Substantial Development2i 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, atteration 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;
D. 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;
E. 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;
F. 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;
G. The marking of property lines or corners on state owned lands, when such marking
does not significantly interfere with normal public use of the surface of the water;
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H. 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;
1. 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 subject to the permit requirements of RCW 90.58.550.
J. 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 statement
published by the department of agriculture or the department jointly with other state
agencies under Chapter 43.21 C RCW.
K. 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.
"Supportive housing3" means a multiple-family dwelling owned or sponsored by a
nonprofit corporation or government entity, designed for occupancy by individual adults
that are either (A) homeless or at risk of homelessness; (B) are experiencing a disability
that presents barriers to employment and housing stability; or (C) generally require
structured supportive services to be successful living in the community; is permitted at a
greater unit density than otherwise allowed within a particular zone; and is intended to
provide long-term, rather than transitional, housing. Long-term housing is approximately
longer than two years, whereas transitional housing is no more than 18 months.
"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
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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 conservationl" includes activities to protect and restore vegetation along or
near shorelines that minimize habitat loss and the impact of invasive plants, erosion and
flooding 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 projects.
"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 enjoy 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.
"Water Oriented Uses1" means any water dependent, water-related, or water enjoyment
use.
"Water Related Uses1" 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 planI" 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 federalty 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
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ecology of a stream, stream segment, drainage area, or watershed for which agency
and public review has been conducted pursuant to chapter 43.21C RCW, the State
Environmental Policy Act;
A. A public or private project, 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 project 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;
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.
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"Weirs5" means a structure in a stream or river for measuring or regulating stream flow.
"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, bogs, 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.
"Width5" 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.
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CHAPTER 2.0 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:
1. 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.
2.2.1 Goals:
1. 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
shorefines.
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.
2.3.1 Goal:
1. 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.
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2.4 Recreation Element
The Recreation element addresses the preservation and expansion of recreational
opportunities by means of acquisition, development and by other means.
2.4.1 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.
2.5.1 Goals:
1. 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.
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Auburn Shoreline Master Program
2.6.1 Goals:
1. Restore and enhance shoreline habitats and processes on pubiicly 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.
2.7.1 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.
2.8.1 Goals:
1. 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.
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CHAPTER 3.0 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 shoretines that are characterized predominantly by single-family or multifamily
residential development or are planned and platted for residential development.
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3.2.3 Management Policies: .
The following management policies should apply to all shorelines in the Shoreline
Residential Environment:
1. 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
3.3.1 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 consistent
with the Comprehensive Plan.
3.3.2 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.
3.3.3 Management Policies:
The following management polices should apply to all shorelines in the Urban
Conservancy Environment:
1. Primary allowed uses and their associated development standards should
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. 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 stabitization measures, vegetation
conservation, water quality, and shoreline modifications within the "urban
conservancy" designation. These standards should ensure that new development
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Auburn Shoreline Master Program
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
3.4.1 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.
3.4.2 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.
3.4.3 Management Policies:
The following management policies should apply to all shoreline areas classified as
Natural Environments:
1. 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 not be allowed in the "Natural" environment:
a. Commercial uses.
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Auburn Shoreline Master Program
b. Industrial uses.
c. Non-water-oriented recreation.
d. Roads, utility corridors, and parking areas that can be reasonably located
outside of "Natural" designated shorelines.
3. Single-family residential use may be allowed on properties designated as
"Natural" if the density and lot configuration can accommodate such use by
maintaining portions of the property in shoreline jurisdiction in a natural condition,
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 I
generally from upstream to downstream limits within the city. The use of "left bank°
and "right bank" refers to facing downstream. Uses or activities (i.e. utility lines,
boating facilities, aquaculture, in-stream structures, and transportation facilities)
that extend waterward of the OHWM would be governed by the associated upland
shoreline environment designation. 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.
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Auburn Shoreline Master Program
a. Left bank, limits of shoreline jurisdiction within the city limits, from the
boundary befinreen the SE and SW quarters, Section 17, Township 21 N,
Range 5 E, Willamette Meridian to 2"d 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 the
northern city fimits.
c. Left bank, from 26th Street NE to the northern city limits.
3. Shoreline Residential.
a. Left bank, from 2"d Street SE to 26t" 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 befinreen 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.
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.
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Auburn Shoreline Master Program
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.
1. 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.
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Auburn Shoreline Master Program
CHAPTER 4.0 Shoreline Master Program Policies,
Development Standards and Use Regulations
The purpose of this chapter is to:
A. Implement the goals of the Shoreline Master Program Elements and establish
policies to be integrated with the Auburn Comprehensive Plan; and
B. Allow for all reasonable and appropriate uses of the City of Auburn's shorelines
without degradation of environmental quality or risk to public health or safety; and
C. Provide standards that will regulate and promote intensities and qualities of
development consistent with the protection of the shoreline environment and its
related resources and the Shoreline Management Act of 1971.
4.1 Scope.
No development, defined in RCW 90.58.030 (3) (d) as a use which consists of
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 the Shoreline Management Act of
1971, shall be undertaken except in compliance with the provisions of this chapter and
then only after securing all required permits.
A substantial development permit shall be required for any development of which the
total cost or fair market value exceeds five thousand seven hundred and eighteen
dollars ($5,718), 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 of the shorelines of the state unless exempt under the Act.
4.2 Applicability.
A. The provisions of this chapter shall apply to all shorelines, shorelands and
associated wetland areas covered by the Shoreline Management Act of 1971 as
fol lows:
1. All rivers and streams and their associated wetlands downstream from a point
where the mean annual flow is 20 cubic feet per second or greater.
2. All lakes and their associated wetlands which are 20 surface acres in size or
larger.
3. Shorelands and associated uplands extending 200 feet in all directions as
measured on a horizontal plane from the ordinary high water mark; floodways
and contiguous floodplain areas landward two hundred feet from such floodways;
and all wetlands and river deltas associated with their streams, lakes, and tidal
waters subject to the provisions of Chapter 90.58 RCW.
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Auburn Shoreline Master Program
B. All new development and uses occurring within shoreline jurisdiction must conform
to Chapter 90.58 RCW, The Shoreline Management Act, Chapters 173-26 and
173-27 of the Washington Administrative Code, and this shoreline master program.
4.3 Interpretation.
A. GeneraL
1. In interpreting and applying the provisions of this chapter, the provisions shall be
held to be minimum requirements, adopted for the promotion of the public health,
safety, and general welfare.
2. When the provisions of this chapter impose greater restrictions than are imposed
by other applicable city, county, regional, state, and federal regulations, the
provisions of this chapter shall control.
3. When a provision of this chapter conflicts with another provision in this chapter,
the more restrictive provision shall apply.
4. Unless the context clearly indicates otherwise, words in the present tense can
include the future tense, and words in the singular can include the plural, or vice
versa.
5. The word "shall" is always mandatory. The word "should" means that the
particular action is required unless there is a demonstrated, compelling reason,
based on policy of the Shoreline Management Act, WAC 173-26, and this SMP,
against taking the action. The word "may" means the action is acceptable;
provided it conforms to the provisions of WAC 173-26 and this SMP.
B. Interpretation by the Director.
The authority to administer the provisions of this chapter shall rest with the Director of
Planning, Building and Community or successor department or designee. The Director
shall have the authority to determine that a proposed use is unclassified per the Master
Program (neither prohibited nor included in a particular shoreline environment). The
Director's determination in these instances may be appealed according to ACC
18.70.050. Such unclassified uses would be treated as conditional uses and may be
allowed through the conditional use permit (CUP) process described in WAC 173-27-
160.
4.3.1 Adoption of additional regulations.
A. Applicable provisions of ACC Chapter 16.10, Critical Areas are herein incorporated
into this master program and included in Appendix A.
B. The regulations of ACC Chapter 18.54, Nonconforming Structures, Land and Uses
are herein incorporated into this master program and included in Appendix B.
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Auburn Shoreline Master Program
4.4 General Policies and Regulations
The following general policies and regulations apply to all shorelines of the state that
are located in Auburn, regardless of the specific shoreline environment designation in
any one location.
4.4.1 Conservation and Restoration
Policies
1. Prioritize enhancement and restoration efforts at public parks and public open
space lands
2. Work with owners of other publicly-owned land to encourage restoration and
enhancement projects.
3. Work with the public and other interested parties to prioritize restoration
opportunities identified in the Shoreline Inventory and Characterization Report.
4. Promote vegetation restoration, and the control of invasive weeds and nonnative
species to avoid adverse impacts to hydrology, and to reduce the hazard of slope
failures or accelerated erosion.
5. Integrate bioengineering and/or soft engineering approaches into local and
regional flood control measures, infrastructure, and related capital improvement
projects.
6. Develop a program to implement restoration projects, including funding
strategies.
7. Monitor and adaptively manage restoration projects.
8. Continue to work with the State, King County, Pierce County, Watershed
Resource Inventory Area (WRIA) 9 and 10 Forums, the Muckleshoot Tribe, and
other governmental and non-governmental organizations to explore how local
governments (with their assistance) can best address the needs of preserving
ecological processes and shoreline functions.
9. Continue to work with the State, King County, Pierce County, Green River Flood
Control Zone District, and the Inter-County River Improvement Agency to identify
and implement flood management strategies that protect existing development
and restores floodplain and channel migration functions.
10. Continue to work with the WRIA 9 and 10 Forums to restore shoreline habitats
and seasonal ranges that support listed endangered and threatened species, as
well as other anadromous fisheries.
11. Create incentives that will make it economically or otherwise attractive to
integrate shoreline ecological restoration into development projects.
12. Encourage restoration or enhancement of native riparian vegetation through
incentives and non-regulatory programs.
13. Establish public education materials to provide shoreline landowners technical
assistance about the benefits of native vegetation plantings.
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Aubum Shoreline Master Program
14. Explore opportunities with other educational organizations and agencies to
develop an on-going program of shoreline education for all ages.
15. Identify areas where kiosks and interpretive signs can enhance the educational
experiences of users of the shoreline.
16. Develop strategies to fund shoreline-related educational and interpretative
projects.
4.4.2 Shoreline Vegetation Conservation
Policies
1. Developments and activities in the City's shoreline should be planned and
designed to retain native vegetation or replace shoreline vegetation with native
species to achieve no net loss of the ecological functions and ecosystem-wide
processes performed by vegetation.
2. Woody debris should be left in the river corridors to enhance wildlife habitat and
shoreline ecological functions, except where it threatens personal safety or
critical infrastructure, such as bridge pilings. In such cases where debris poses a '
threat, it should be dislodged, but should not be removed from the river.
Regulations
1. During any development activity within the shoreline jurisdiction, native plant
communities located within the shoreline buffer (minimum of 100-feet from
OHWM for Shoreline Residential and Urban Conservancy environments; 200-
feet for Natural environment) shall be protected, maintained, or enhanced per the
regulations established in Appendix A"Critical Areas" and the Master Program.
Pursuant to Appendix A, Section 16.10.090, "Buffer Areas and Setbacks", buffers
that have been previously disturbed shall be re-vegetated pursuant to an
approved enhancement plan.
2. The following uses are allowed within the shoreline buffer only when also allowed
within the applicable shoreline environment designation:
a. Improvements that are part of an approved enhancement, restoration or
mitigation plan
b. New public roads and bridges, where no feasible alternative location exists
c. Utilities and accessory structures, where no feasible alternative location exists
d. Foot trails constructed according to the following criteria:
i. Designed to minimize impact of permeable materials;
ii. Designed to minimize impact on the shoreline system;
iii. Of a maximum width of twelve (12) feet; and
iv. Located within the outer half of the shoreline buffer, i.e. the portion
of the buffer that is farther away from the stream.
e. Footbridges
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Auburn Shoreline Master Program
f. Education facilities, such as viewing platforms and informational signs
g. Water-oriented uses
h. Replacement or rehabilitation of existing levees
i. Under residential devetopment regulations, approved docks, floats, buoys,
bulkheads, launching ramps and similar structures are exempt from the
setback.
3. Pursuant to ACC 18.50.060, "General landscape requirements", all significant
trees shall be retained and made part of the landscape plan. Pursuant to ACC
18.50.030, "Definitions", significant trees are defined as a healthy evergreen tree,
six inches or more in diameter measured four feet above grade; or a healthy
deciduous tree four inches or more in diameter measured four feet above grade.
The Director may authorize the exclusion of any significant tree which for the
reason of public health, safety or reasonable site development is not desirable to
maintain.
4. Any pruning of trees or shrubs shall be for the purpose of maintaining the tree or
shrub in a healthy growing condition and/or to enhance its natural growing form.
Excessive pruning of trees or shrubs that adversely affects the healthy living
condition of the plant or excessively damages the natural growing form of the
plant shall be prohibited; unless such pruning is done to alleviate documented
public health and safety concerns.
5. A critical areas study shall be submitted for review for all proposed development
activity within the shoreline jurisdiction. The purpose of the report is to determine
the extent, characteristics and functions of critical areas located on or potentially
affected by proposed activities on site. See Appendix A, Section 16.10.070
"Critical Area Review Process and Application Requirements" for required report
contents.
6. Shoreline buffers shall be protected during construction by placement of a
temporary barricade, notice of the presence of the critical area and
implementation of appropriate erosion and sedimentation controls as described
in Appendix A, Section 16.10.090, "Buffer Areas and Setbacks".
7. As part of a development proposal, the Director may require the shoreline buffer
to be placed in a separate tract on which development is prohibited; protected by
execution of an easement dedicated to the City, a conservation organization, or
land trust; or similarly preserved through a permanent protective mechanism
acceptable to the City as described in Appendix A, Section 16.10.090, "Buffer
Areas and Setbacks."
8. Proposed development in the shoreline jurisdiction shall include provision of
landscape information appropriate to identify and remove nonnative and invasive
species and replace with native vegetation to maintain or enhance shoreline
ecological functions on the property. When required by the Director, landscape
plans shall establish a staged vegetation removal and replacement program that
keeps the amount of exposed soil during and after clearing and grading activities
to a minimum. In drier months, temporary surface irrigation or temporary
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Auburn Shoreline Master Program
installation of intermediate plantings may be required until weather or seasonal
conditions permit installation of the permanent plantings.
9. If the area of clearing or grading necessary to remove nonnative or invasive
vegetation totals one-acre or greater (43,560 square feet), located on site, in or
outside of shoreline jurisdiction, then water quality and erosion control measures
shall be established through the NPDES Construction Stormwater General
Permit and associated Stormwater Pollution Prevention Plan (SWPPP). If the
area of clearing or grading is less than one-acre, but includes disturbance of land
in shoreline jurisdiction, a Temporary Erosion and Sediment Control (TESC) Plan
shall be required. The TESC Plan shall employ best management practices
(BMPs) consistent with city design and construction standards.
10. Should a development create unavoidable impacts adverse to shoreline
vegetation located within the shoreline jurisdiction, mitigation shall be required.
Mitigation shall ensure that there will be no net loss in the amount of vegetated
area or the ecological functions performed by the disturbed vegetation. The
Director shall rely on the critical areas study required under regulation #4 to
provide a site specific description of the ecological functions while also relying on
the Auburn Inventory and Characterization report as a general guide. Pursuant to
Section 4.4.3., "Environmental Impact Mitigation" of the Master Program and
Appendix A, Section 16.10.120, "Mitigation Standards, Criteria and Plan
Requirements", on-site and in-kind mitigation is preferred. Mitigation plans shall
be completed before initiation of other permitted activities, unless a phased or
concurrent schedule that assures completion prior to occupancy has been
approved by the Director.
11. Restoration of any shoreline that has been disturbed or degraded shall use
native plant materials with a diversity and type appropriate for the site. As
described in Appendix A, Section 16.10.120, "Performance Standards for
Mitigation Planning", plants native to the Puget Lowlands or Pacific Northwest
ecoregion should be used as well as plants that are adapted and appropriate for
the proposed habitats. Significant areas of the site should not be planted with
species that have questionable potential for successful establishment. The use of
perennial plants is preferred over annual species. Plant species high in food and
cover value for native fish and wildlife species that are known or likely to use the
mitigation site should be used. Emulate the plant species heterogeneity and
structural diversity found in native plant communities, as described in regionally
recognized publications on native landscapes.
12. Aquatic weed control shall only occur when native plant communities and
associated habitats are threatened or when an existing water-dependent use is
restricted by the presence of weeds.
13. For lawns and other vegetation maintained within shoreline jurisdiction, the use
of chemical fertilizers, pesticides or other similar chemical treatments shall be
discouraged and alternative practices shall be employed. Where chemical
fertilizer, herbicide, or pesticide use is necessary for protecting existing natural
vegetation or estabtishing new vegetation in shoreline areas as part of an erosion
control or mitigation plan, the use of time release fertilizer and herbicides shall be
preferred over liquid or concentrate application. As described in Appendix A,
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Auburn Shoreline Master Program
Section 16.10.120, "PerFormance Standards for Mitigation Planning", fertilizers
must be applied per manufacturer specifications to planting holes in organic or
controlled release forms, and never broadcast on the ground surface. If
herbicides are used, only those approved for use in aquatic ecosystems by the
Washington Department of Ecology shall be used. Herbicides shatl only be used
in conformance with all applicable laws and regulations and be applied per
manufacturer specifications by an applicator licensed in the state of Washington.
4.4.3 Environmental Impact Mitigation
Policies
1. All shoreline use and development should be carried out in a manner that avoids
and minimizes adverse impacts so that the resulting ecological condition does
not become worse than the current condition. This means assuring no net loss of
ecological functions and processes and protecting critical areas designated in
Appendix A, Chapter 16.10 "Critical Areas" that are located in the shoreline.
Should a proposed use and development potentially create significant adverse
environmental impacts not otherwise avoided or mitigated by compliance with the
master program, the Director should require mitigation measures to ensure no
net loss of shoreline ecological functions.
Regulations
1. To the extent Washington's State Environmental Policy Act of 1971 (SEPA),
chapter 43.21 C RCW, is applicable, the analysis of environmental impacts from
proposed shoreline uses or developments shall be conducted consistent with the
rutes implementing SEPA (ACC 16.06 and WAC 197-11).
2. Where required, mitigation measures shall be applied in the following sequence
of steps listed in order of priority.
a. Avoiding the impact altogether by not taking a certain action or parts of an
action;
b. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps
to avoid or reduce impacts;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
d. Reducing or eliminating the impact over time by preservation and
maintenance operations;
e. Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments; and
f. Monitoring the impact and the compensation projects and taking appropriate
corrective measures.
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Auburn Shoreline Master Program
3. In determining appropriate mitigation measures applicable to shoreline
development, lower priority measures shall be applied only where higher priority
measures are determined to be infeasible or inapplicable.
4. Required mitigation shall not be in excess of that necessary to assure that
proposed uses or development will result in no net loss of shoreline ecological
functions.
5. Mitigation actions shall not have a significant adverse impact on other shoreline
functions fostered by the policies of the Shoreline Management Act.
6. When compensatory measures are appropriate pursuant to the priority of
mitigation sequencing above, preferential consideration shall be given to
measures that replace the impacted functions directly and in the immediate
vicinity of the impact. However, alternative compensatory mitigation within the
watershed that addresses limiting factors or identified critical needs for shoreline
resource conservation based on watershed or comprehensive resource
management plans applicable to the area of impact may be authorized.
Authorization of compensatory mitigation measures may require appropriate
safeguards, terms or conditions as necessary to ensure no net loss of ecological
functions. Appendix A, Section 16.10.110, "Mitigation Standards, Criteria And
Plan Requirements," establishes regulations on location and timing of mitigation.
On-site and in-kind mitigation are preferred.
7. A monitoring program shall be prepared and implemented by the applicant for
mitigation projects. The monitoring program shall include a contingency plan in
the event that implementation of the mitigation plan is inadequate or fails. A
performance and maintenance security is required in the amount of one hundred
and twenty-five percent of the cost of the mitigation project for the length of the
monitoring period. This is to ensure the applicant complies with the terms of the
approved mitigation plan. See Appendix A, Section 16.10.130, "Monitoring
Program and Contingency Plan", for specific elements that need to be
incorporated into the monitoring program.
4.4.4 Critical Areas
Policies
1. Provide a level of protection to critical areas within the shoreline that is at least
equal to that which is provided by the City's critical areas regulations adopted
pursuant to the Growth Management Act and the City's Comprehensive Plan. If
conflicts between the SMP and the critical area regulations arise, the regulations
that are most consistent with the SMA or its WAC provisions will govern.
2. Allow activities in critical areas that protect and, where possible, restore the
ecological functions and ecosystem-wide processes of the City's shoreline.
3. Preserve, protect, restore and/or mitigate wetlands within and associated with the
City's shorelines to achieve no net loss of wetland area and wetland functions.
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_ Auburn Shoreline Master Program
4. Developments in shoreline areas that are identified as geologically hazardous or
pose a foreseeable risk to people and improvements during the life of the
development should not be allowed.
Regulations
1. Applicable provisions of ACC Chapter 16.10, Critical Areas are herein
incorporated into this master program and included in Appendix A provided:
a. If there are any conflicts or unclear distinctions between the Shoreline Master
Program and the Critical Areas standards as part of the Master Program, the
requirements that are the most consistent with the SMA or its WAC provisions
shall apply.
b. Provisions of the Critical Areas standards that are not consistent with the
Shoreline Management Act Chapter, 90.85 RCW, and supporting Washington
Administrative Code chapters shall not apply in shoreline jurisdiction.
c. The provisions of Auburn's Critical Areas standards do not extend shoreline
jurisdiction beyond the limits specified in this SMP. For regulations
addressing critical area buffer areas that are outside shoreline jurisdiction,
see Auburn's Critical Areas Ordinance.
d. When definitions per Appendix A, Section 16.10.020 "Definitions" conflict with
SMP definitions per Chapter 1, SMP definitions shall apply.
2. All shoreline uses and activities shall be located, designed, constructed and
managed to protect and/or enhance the ecological functions and ecosystem-wide
processes provided by critical areas including, but not limited to: Wetlands,
Streams, Wildlife Habitat, Groundwater Protection Areas, Geologic Hazard
Areas, and Flood Hazard Areas as defined and designated by the Critical Areas
Ordinance; and Critical Freshwater Habitats as defined by the Shoreline Master
Program.
3. Proponents of development in shoreline areas that may impact Geologic Hazard
critical areas must submit a geologic hazard report that complies with the
submittal requirements provided in Appendix C.
4.4.5 Critical Area Regulations Table
The following table provides a summary of standards and provisions per Appendix A,
16.10 "Critical Areas." The table is only meant to serve as a reference; applicable
provisions from Appendix A, 16.10 "Critical Areas") should be consulted directly to
determine the full extent of the regulation. Per Appendix A, 16.10 "Critical Areas," the
Green River and White River are considered Class I Streams. Other designated critical
areas that may be located within shoreline jurisdiction include wetlands, wildlife habitat
areas, and geologic hazard areas.
4-9 Draft
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Auburn Shoreline Master Program
4.4.6 Public Access (including views)
Policies
1. Public access improvements should not result in adverse impacts to the natural
character and quality of the shoreline and associated wetlands or result in a net
loss of shoreline ecological functions. Developments and activities within the
shoreline should not impair or detract from the public's visual or physical access
to the water.
2. Protection and enhancement of the public's physical and visual access to
shorelines should be encouraged.
3. The amount and diversity of public access to shorelines should be increased
consistent with the natural shoreline character, property rights, and public safety.
4. Publicly owned shorelines should be limited to water-dependent or public
recreation uses, otherwise such shorelines should remain protected,
undeveloped open space.
5. Public access should be designed to provide for public safety. Public access
facilities should provide auxiliary facilities, such as parking and sanitation
facilities, when appropriate, and should be designed to be ADA accessible.
Regulations
1. All shoreline permits shall include provisions to provide public access where any
of the following conditions are present:
a. Where a development or use will create increased demand for public access
to the shoretine;
b. Where a development or use will interfere with an existing public access way;
c. Where a use is not a priority use under the Act;
d. Where a new multiunit residential development or land subdivision for more
than four parcels is proposed
e. Where a non-water-dependent use (including water-enjoyment and
water-related use) is proposed or,
f. Where a use or development will interfere with the public use of the lands or
waters subject to the public trust doctrine.
2. An applicant need not provide public access where one or more of the following
conditions apply:
a. The City of Auburn provides more effective public access through preparation
and adoption of a public access planning process and plan as described in
WAC 173-26-221(4)(c);
b. Unavoidable health or safety hazards to the public exists which cannot be
prevented by practical means;
4-13 Draft
Auburn Shoreline Master Program
c. Inherent security requirements of the use cannot be satisfied through the
application of alternative design features or other solutions;
d. Environmental harm will result from the public access that cannot be
mitigated; or,
e. Adverse and unavoidable conflict between access requirements and the
proposed use cannot be mitigated.
3. Public access shall be designed to respect private properties.
4. Development uses and activities shall be designed and operated to avoid
blocking, obstructing, reducing or adversely interfering with the public's physical
and visual access to the water and shorelines.
5. Development on the water shall be constructed of non-reflective materials that
are compatible in terms of color and texture with the surrounding area.
6. Public access locations shall be clearly marked with visible signage.
7. Public access provided by shoreline street ends, public utilities, and rights-of-way
shall not be diminished (RCW 36.87.130). 8. Shoreline development by any public entities, including the City of Auburn, port
districts, state agencies, and public utility districts, shall include public access
measures as part of each development project, unless such access is shown to
be incompatible due to reasons of safety, security, impact to the shoreline
environment or other provisions listed in WAC 173-26-221(4)(d).
4.4.7 Flood Hazard Reduction
Policies
1. The City should manage flood protection through the City's Comprehensive
Drainage Plan, Comprehensive Plan, stormwater regulations, and flood hazard
areas regulations.
2. Discourage development within the floodplains associated with the City's
shorelines that would individually or cumulatively result in an increase to the risk
of flood damage.
3. Non-structural flood hazard reduction measures should be given preference over
structural measures. Structural flood hazard reduction measures should be
avoided whenever possible. When necessary, they should be accomplished in a
manner that assures no net loss of ecological functions and ecosystem-wide
processes. Non-structural measures include setbacks, land use controls
prohibiting or limiting development in areas that are historically flooded,
stormwater management plans, or bioengineering measures.
4. Where possible, public access should be integrated into publicly financed flood
control and management facilities.
Draft 4-14
Auburn Shoreline Master Program
Regulations
1. No permanent non-water dependent structures or uses shall be placed in the
floodway zone. Bank protection associated with bridge construction and
maintenance may be permitted and shall conform to provisions of the State
Hydraulics Code (RCW 77.55).
2. Normal maintenance and repair of existing flood control structures, such as
levees and dikes, to a state comparable to its original condition, shall be allowed
per WAC 173-27-040(2) (b).
3. Rehabilitation or replacement of existing flood control structures, such as levees
and dikes, whose primary purpose is to contain the 1-percent annual chance
flood event, shall be allowed where it can be demonstrated by an engineering
analysis that the existing structure:
a. Does not provide an appropriate level of protection for surrounding lands; or
b. Does not meet appropriate engineering design standards for stability (e.g.,
oversteepened side slopes for existing soil and/or flow conditions).
Rehabilitated or replaced structures shall maintain equal or lesser side slope
angles to existing conditions, and shall not extend the toe of slope laterally into
the channel.
4. New structural flood hazard reduction measures shall be allowed only under the
following circumstances:
a. When it can be demonstrated by a scientific and engineering analysis that
they are necessary to protect existing development;
b. That non-structural measures are not feasible;
c. That impacts to ecological functions and priority species and habitats can be
successfully mitigated so as to assure no net loss; and
d. That appropriate vegetation restoration and conservation actions are
undertaken consistent with regulations under Section 4.4.2 "Shoreline
Vegetation Conservation" of the Master Program and Appendix A, "Critical
Areas".
5. Permanent structures placed within the 100-year floodplain shall be designed
and constructed in accordance with the requirements of ACC 15.68, "Flood
Hazard Areas".
6. New structural flood hazard reduction measures, such as dikes, levees, berms
and similar flood control structures shall be placed landward of the floodway as
determined by the U.S. Army Corps of Engineers and the State of Washington,
Department of Ecology.
7. New structural flood hazard reduction measures, such as dikes, levees, berms
shall be placed landward of associated wetlands, and designated vegetation
conservation areas, except when the project includes increasing ecological
functions as part of the design or as mitigation for impacts.
4-15 Draft
Auburn Shoreline Master Program
8. Dikes, levees, berms and similar flood control structures shall be shaped and
planted with vegetation suitable for wildlife habitat.
9. New structural public flood hazard reduction measures, such as dikes and levees
shall dedicate and provide or improve public access unless public access
improvements would cause unavoidable health or safety hazards to the public,
inherent and unavoidable security problems, significant ecological impacts that
cannot be mitigated, unavoidable conflict with the proposed use, or a cost that is
disproportionate and unreasonable to the total long-term cost of the
development.
10. Removal of gravel from the river channel for flood management purposes is
prohibited.
4.4.8 Water Quality, Storm water and Non-Point Pollution
Policies
1. The City should prevent impacts to water quality and storm water quantity that
would result in a net loss of shoreline ecological functions, or a significant impact
to aesthetic qualities, or recreational opportunities.
2. Storm water management treatment, conveyance, or discharge facilities should
be discouraged in the shoreline jurisdiction, unless no other feasible alternative is
available.
3. Low impact development techniques that allow for greater amount of storm water
to infiltrate into the soil should be encouraged to reduce storm water run-off.
4. Encourage conservation of existing shoreline vegetation which provides water
quality protection by slowing and filtering stormwater runoff.
Regulations
1. Shoreline development and use shall incorporate measures to protect and
maintain surface and ground water quantity and quality in accordance with all
applicable laws. Appropriate vegetation restoration and conservation actions
shall be undertaken consistent with regulations under Section 4.4.2, "Shoreline
Vegetation Conservation" and Appendix A, 16.10 "Critical Areas".
2. Development within the City's shoreline shall conform to all requirements in the
City's Comprehensive Drainage Plan and stormwater standards, Comprehensive
Plan, and Flood Hazard Areas regulations.
3. The construction of new outFalls into water bodies and improvements to existing
facilities shall comply with all appropriate Federal, State, and City regulations for
water quality.
4. Water discharged to rivers shall receive appropriate treatment as determined by
the Department of Ecology and shall not present a thermal or other barrier to fish
migration.
Draft 4-16
Auburn Shoreline Master Program
5. Use of pesticides and fertilizers in or near shoreline jurisdiction shall conform to
the following:
a. Pesticides applied using aerial spraying techniques within the shoreline
jurisdiction, including over water bodies or wetlands, shall be prohibited
unless specifically permitted under the Washington Departments of
Agriculture or Ecology.
b. Pesticides, organic or mineral derived fertilizers, or other hazardous
substances, if necessary shall be restricted in accordance with: the state
Department of Fish and Wildlife Management Recommendations; the
regulations of the state Department of Ecology as the Environmental
Protection Agency's delegated authority and permitting body for the
application of pesticides and herbicides to the waters of Washington State;
and pesticide labels as per the authority of the state Department of
Agriculture.
c. Pesticides shall be used, handled, and be disposed of in accordance with
provisions of the Washington State Pesticide Application Act (RCW 17.21)
and the Washington State Pesticide Act (RCW 15.57) to prevent
contamination and sanitation problems.
4.4.9 Educational and Archeological Areas and Historic Sites
Policies
1. Where possible, Educational and Archeological Areas and Historic sites in the
shoreline should be permanently preserved for scientific study, education, and
public observation.
2. Consideration should be given to the National Historic Preservation Act of 1966
and Chapter 43.51 RCW to provide for the protection, rehabilitation, restoration
and reconstruction of districts, sites, buildings, structures and objects located or
associated with the shoreline that are significant in American, Washington and
local history, architecture, archeology or culture.
3. Where feasible and appropriate, access trails to shorelines should incorporate
access to or educational signage acknowledging protected, historical, cultural
and archeological sites or areas in the shoreline.
Regulations
1. If any archeological artifacts are uncovered during excavations in the shoreline,
work must stop and the City of Auburn, the State Department of Archeology and
Historic Preservation and the Muckleshoot Indian Tribe must be notified.
2. Permits issued in areas known or highly suspected to contain archeological
artifacts and data shall have provisions providing for a site inspection and
evaluation by an archeologist prior to initiation of disturbance and for monitoring
of potentially disruptive activities. Cost for inspection and evaluation of the site
4-17 Draft
Auburn Shoreline Master Program
will be the responsibility of the developer. This condition shall require the
approval by the Director before work can begin or resume on a project.
Significant archeological data or artifacts shall be recovered before work
resumes or begins on a project.
4.4.10 Nonconforming Use and Development Standards
Policies
1. Legally established uses and developments that predate the City's Shoreline
Master Program (1973, as amended) should be allowed to continue as legal
nonconforming uses provided that future development or redevelopment does
not increase the degree of nonconformity with this program.
Regulations
1. Nonconforming use or developments located in the shoreline are subject to the
provisions of the Auburn Zoning Code for nonconforming structures, land, and
uses (ACC 18.54).
2. Structures that were legally established and are used for a conforming use but
which are nonconforming with regard to setbacks, buffers or yards; area; bulk;
height or density may be maintained and repaired and may be enlarged or
expanded provided that said enlargement does not increase the extent of
nonconformity by further encroaching upon or extending into areas where
construction or use would not be atlowed for new development or uses.
3. Uses and developments that were legally established and are nonconforming
with regard to the use regulations of the master program may continue as legal
nonconforming uses. Such uses shall not be enlarged or expanded, except that
nonconforming single-family residences that are located landward of the ordinary
high water mark may be enlarged or expanded in conformance with applicable
bulk and dimensional standards by the addition of space to the main structure or
by the addition of normal appurtenances as defined in WAC 173-27-040 (2)(g)
upon approval of a Shoreline Conditional Use Permit.
4. A use which is listed as a conditional use, but which existed prior to adoption of
the master program or any relevant amendment and for which a Shoreline
Conditional Use Permit has not been obtained shall be considered a
nonconforming use.
5. A structure for which a variance has been issued shall be considered a legal
nonconforming structure and the requirements of this section shall apply as they
apply to preexisting nonconformities.
6. A structure which is being or has been used for a nonconforming use may be
used for a different nonconforming use only upon the approval of a Shoreline
Conditional Use Permit. A Shoreline Conditional Use Permit may be approved
only upon a finding that:
a. No reasonable alternative conforming use is practical;
Draft 4-18
Auburn Shoreline Master Program
b. The proposed use wiil be at least as consistent with the policies and
provisions of the Shoreline Master Program and as compatible with the uses
in the area as the preexisting use; and
c. Meets WAC 173-27-160 conditional use permit review criteria.
d. In addition, such conditions may be attached to the permit as are deemed
necessary to assure compliance with the above findings, the requirements of
the master program the Shoreline Management Act and to assure that the
use will not become a nuisance or a hazard.
7. A nonconforming structure which is moved any distance must be brought into
conformance with the Shoreline Master Program.
8. If a nonconforming development is damaged to an extent not exceeding seventy-
five percent of the replacement cost of the original development, it may be
reconstructed to those configurations existing immediately prior to the time the
development was damaged, provided that application is made for the permits
necessary to restore the development within six months of the date the damage
occurred, all permits are obtained and the restoration is completed within two
years of permit issuance.
9. If a nonconforming use is discontinued for twelve consecutive months or for
twelve months during any two-year period, the nonconforming rights shall expire
and any subsequent use shall be made conforming. A use authorized pursuant to
subsection (6) of this section shall be considered an allowed nonconforming use
for purposes of this section.
10. An undeveloped lot, tract, parcel, site, or division of land located landward of the
ordinary high water mark which was established in accordance with local and
state subdivision requirements prior to the effective date of the Act or the
applicable master program but which does not conform to the present lot size
standards may be developed if permitted by other land use regulations of the
local government and so long as such development conforms to all other
requirements of the applicable master program and the Shoreline Management
Act.
4.5 Permitted Use Table
The following table illustrates which shoreline modifications and shoreline uses are
allowed or prohibited in each shoreline environment. This table is intended for reference
purposes only. Refer to text sections of the SMP for all applicable provisions related to
specific uses and modifications. If information in the table conflicts with provisions in
other parts of the SMP conflict, the provisions contained in text sections of the SMP
shall apply.
P= Permitted - Permitted uses may require Shoreline Substantial Development Permits and
any other permits required by the Auburn Municipaf Code and/or other regulatory agencies.
C= Conditional Use - Conditional uses require Shoreline Conditional Use Permit and may
require other permits required by the Auburn Municipal Code and/or other regulatory
agencies.
X = Prohibited
4-19 Draft
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Auburn Shoreline Master Program
4.6 Shoreline Modification
Shoreline modifications are generally related to construction of a physical element such
as a levee, bulkhead, or pier at or near the river's edge or extending into the channel.
Other shoreline modification actions include dredging, filling, or vegetation clearing in
the shoreline jurisdiction. Modifications are usually undertaken in support of or in
preparation for an allowed shoreline use or development.
4.6.1 Prohibited Modifications
The following shoreline modifications are prohibited in all shoreline environments unless
addressed separately in this shoreline master program under another use:
1. Breakwaters, jetties, groins, and weirs;
2. Dune modifications; and
3. Piers and docks.
4.6.2 Dredging and Dredge Material Disposal
Policies
1. Dredging and dredge material disposal should be done in manner, which avoids
or minimizes significant ecological impacts. Where impacts cannot be avoided,
mitigation measure are required that result in no net loss of shoreline ecological
functions.
2. Dredge spoil disposal in water bodies, on shorelands, or wetlands within a river's
channel migration zone should be discouraged, except as needed for habitat
improvement.
3. New development shall be sited and designed to avoid or, if that is not possible,
to minimize the need for new and maintenance dredging.
Regulations
1. Dredging of bottom materials for the sole purpose of obtaining fill material or
aggregate resources is prohibited, except when the material is necessary for the
restoration of ecological functions. When allowed, the site where the fill is to be
placed must be located waterward of the ordinary high-water mark. The project
must be either associated with a MTCA or CERCLA habitat restoration project or,
if approved through a shoreline conditional use permit, any other significant
habitat enhancement project.
2. Maintenance dredging of established navigation channels and basins shall be
restricted to maintaining location, depth, and width previously authorized under
this program.
3. Material dredged in conformance with state and federal water quality standards
may be used in permitted fill projects.
4-25 Draft
Auburn Shoreline Master Program
4. Returned water from any dredge material disposed of on land shall meet all
applicable water quality standards and regulations. If necessary, disposal sites
shall be protected by berms and outlets to remove suspended solids and to
ensure that the quality of return water meets state Department of Ecology
standards.
5. When dredging is permitted, the dredging shall be the minimum necessary to
accommodate the proposed use or activity.
6. Disposal of dredged materials in water areas shall only be permitted in an
approved disposal site for habitat improvement, to correct material distribution
problems affecting fish resources, where depositing materials on land would be
more detrimental to shoreline resources than water deposition, or as fill in
conjunction with an environmental remediation project.
7. Disposal of dredge material on shorelands or wetlands within a river's channel
migration zones shall be prohibited. Proposals for the disposal of dredged
materials in shoreline jurisdiction shall require a conditional use permit and must
show that the site will be suitable for uses permitted for that shoreline
environment.
4.6.3 Piers and Docks
Policies
1. The City should discourage the construction of new piers, docks, or floats in the
shoreline jurisdiction along the Green and White Rivers.
Regulations
1. Construction of new piers, docks, or floats or expansion of existing piers, docks,
or floats shall be prohibited except as necessary for habitat monitoring or ,
improvement projects.
2. Maintenance of existing legally established piers, docks, and floats shall be
allowed provided that maintenance activities do not adversely impact shoreline
ecological functions.
4.6.4 Shoreline Stabilization (bulkheads and revetments)
Policies
1. Shoreline stabilization activities that may necessitate new or increased shoreline
stabilization on the same or other affected properties where there has been no
previous need for stabilization should be discouraged
2. New shoreline uses and development be located away from the shoreline in
order to preclude the need for new shoreline stabilization structures.
Draft 4-26
Auburn Shoreline Master Program
3. Structural or "hard" shoreline stabilization techniques and structures should be
allowed only after it is demonstrated that non-structural or "soft" shoreline
protection measures are not feasible.
4. The cumulative effect of allowing bulkheads or revetments along river segments
should be evaluated. If it is determined that the cumulative effects of bulkheads
or revetments would have an adverse effect on shoreline functions or processes,
then permits should not be granted.
5. Bulkheads should not be permitted as a solution to geo-physical problems such
as mass slope failure, sloughing, or land slides. Bulkheads and revetments
should only be approved for the purposes of protecting existing developments by
preventing bank erosion by the rivers.
Regulations
1. Bulkheads or revetments shall be designed, constructed and maintained in a
manner that does not degrade ecological function including fish habitat, and shall
conform to the requirements of the Washington State Department of Fish and
Wildlife criteria and guidelines.
2. The builder of any bulkhead or revetment shall be financially responsible for
determining the nature and the extent of probable adverse effects on fish and
wildlife or on the property of others caused by his construction and shall propose
to the City actions to minimize such effects.
3. A person who has received approval to construct a bulkhead in keeping with
these regulations may be required to grant adjacent property owners the privilege
to tie in and meet with a bulkhead when they have an approved permit.
4. When a bulkhead is required at a pubtic access site, provision for safe access to
the water shall be incorporated in the design whenever possible.
5. Repair and maintenance shall maintain the aesthetic integrity of the existing
structure.
6. Bulkheads or revetments shall be constructed of suitable materials that will serve
to accomplish the desired end with maximum preservation of natural
characteristics. Automobile bodies, other junk, solid waste or other materials with
the potential for water quality degradation shall not be used. Design and
construction methods shall consider aesthetics and habitat protection.
7. New or enlarged structural shoreline stabilization measures for an existing
development or residences shall not be allowed unless there is conclusive
evidence, documented by a geotechnical analysis that the structure is in danger
from shoreline erosion. The geotechnical report must include estimates of
erosion rates and damage within three years and must evaluate on-site drainage
issues and address drainage problems away from the shoreline edge before
considering structural shoreline stabilization. The project design and analysis
must also evaluate vegetation enhancement as a means of reducing erosion and
promoting bank stability. The report must demonstrate that "soft" shoreline
protection measures or bioengineering erosion control designs will not provide
4-27 Draft
Auburn Shoreline Master Program
adequate upland protection of existing structures or would pose a threat or risk to
adjacent property.
8. An existing shoreline stabilization structure shall not be replaced with a similar
structure unless there is need to protect primary structures from erosion caused
by currents, tidal action, or waves. At the discretion of the City Engineer, the
demonstration of need does not necessarily require a geotechnical report by a
licensed geotechnical engineer or related licensed professional. The replacement
structure shall be designed, located, sized, and constructed to minimize harm to
ecological functions. Replacement walls or bulkheads shall not encroach
waterward of the OHWM or existing structures unless the residence was
occupied prior to January 1, 1992, and there are overriding safety or
environmental concerns. In such cases, the replacement structure shall abut the
existing shoreline stabilization structure. Soft shoreline stabilization that restores
ecological functions may be permitted waterward of the OHWM.
9. Provided that regulation #8 has been met, the replacement of lawfully
established, existing bulkheads or revetments shall be allowed, subject to the
following priority system:
a. First priority. The first priority for replacement of bulkheads or revetments
shall be to install "soft" shoreline protection measures or bioengineering
erosion control designs.
b. Second priority. The second priority for replacement of existing bulkheads or
revetments shall be to install "hard" shoreline protection measures only when
"soft" measures would not provide adequate upland protection of existing
structures or would pose a threat or risk to adjacent property.
c. Third priority. The third priority for replacement of bulkheads or revetments
shall be landward of the existing bulkhead.
d. Fourth Priority. The fourth priority for replacement of existing bulkheads or
revetments shall be to replace in place (at the bulkhead's existing location).
e. Fifth Priority. The fifth and last priority for replacement of existing bulkheads
shall be a one time replacement no greater than three feet waterward of the
existing bulkhead. Under this fifth priority, documentation must be provided
that habitat will not be adversely impacted and habitat friendly materials shall
be used. The property owner shall also demonstrate that removing the
existing structure would either
i. Cause irreversible environmental damages, or
ii. Undermine and damage the residential structure on the property.
10. When evaluating a proposal against the above priority system, at a minimum the
following criteria shall be considered:
a. Existing topography;
b. Existing development;
c. Location of abutting bulkheads; and,
Draft 4-2$
Auburn Shoreline Master Program
d. Impact to habitat.
11. Bank protection material shall be placed on/from the bank. Dumping of bank
protection material directly from a truck bed onto the bank face is prohibited.
12. Bank protection material shall be clean and shall be of a sufficient size to prevent
its being washed away by high water.
13. When riprap is washed out and presents a hazard to the safety of recreational
users, it shall be removed by the owner of such material.
14. Whenever feasible, trees and vegetation shading streams and rivers shall be
retained when riprap is placed.
4.6.5 Clearing and Grading
Policies
1. Clearing and grading activities should only be allowed in association with a
permitted shoreline development.
2. Clearing and grading activities shall be limited to the minimum necessary for the
intended development, including residential development.
Regulations
1. Clearing and grading activities shall only be allowed in association with an
allowed (permitted) shoreline development.
2. Clearing and grading activities shall be limited to the minimum necessary for the
intended development, including any clearing and grading approved as part a
landscape plan. If the area of clearing or grading totals one-acre or greater
(43,560 square feet), located on site, in or outside of shoreline jurisdiction, then
water quality and erosion control measures shall be established through the
NPDES Construction Stormwater General Permit and associated Stormwater
Pollution Prevention Plan (SWPPP). If the area of clearing or grading is less
than one-acre, but includes disturbance in shoreline jurisdiction, a Temporary
Erosion and Sediment Control (TESC) Plan shall be required. The TESC Plan
shall employ best management practices (BMPs) consistent with city design and
construction standards.
3. Clearing and grading activities shall adhere to a prepared schedule and
mitigation plan as approved by the Director. This schedule and mitigation plan
shall include, but not be limited to, limits of clearing and grading activities and the
design, implementation, maintenance, and monitoring of mitigation requirements
to prevent erosion, siltation, and destruction of vegetation.
4. All grading shall be completed or stabilized by October 31St of each year unless
the applicant provides technical analysis that demonstrates to the satisfaction of
the Director that no harm to the shoreline environment or safety problems would
result from grading between October 31s' and April 1St.
4-29 Draft
Auburn Shoreline Master Program
5. Clearing invasive non-native shoreline vegetation listed on the King County
Noxious Weed List is permitted in the shoreline, provided hand held equipment is
used and native vegetation is promptly reestablished in the disturbed area.
4.6.6 Fill
Policies
1. Fill placed waterward of the OHWM should be prohibited and only allowed to
facilitate water-dependant uses or restoration projects.
2. Where permitted, fill should be the minimum necessary to provide for the
proposed use and should be permitted only when tied to a specific development
proposal that is permitted by the Shoreline Master Program.
3. The perimeter of fill activities should be designed to avoid or eliminate erosion
and sedimentation impacts, both during initial fill activities and over time.
Regulations
1. Fill extending no further than the OHWM or the natural bank, whichever is less,
may be permitted provided that probable significant adverse impacts are
mitigated.
2. Fill for the purpose of creating new land shall be permitted only for water
dependent uses.
3. Fill placed waterward of the OHWM for restoration purposes, such as
nourishment of shoreline areas, shall be permitted.
4. Perimeters of cuts and fills shall be provided with vegetation, riprap, retaining
walls, or other approved means for slope protection. I
I
5. Fill materials shall not cause violation of water quality standards or otherwise be '
toxic to humans or to fish and wildlife.
4.6.7 Shoreline Habitat and Natural Systems Enhancement Projects ,
Policies
1. All proposed shoreline habitat and natural systems enhancement projects should
assure that the activities associated with each project address legitimate
restoration needs and priorities and facilitate implementation of the Restoration
Plan developed with this Shoreline Master Program pursuant to WAC 173-26-
201(2)(fl•
Regulations
1. A shoreline habitat or natural systems enhancement project involving
environmental remediation activities shall not harm human health or the
Draft 4-30
Auburn Shoreline Master Program
environment. Cleanup methods shall not have significant negative impacts on
adjacent and existing land uses in the area.
2. Where possible, habitat improvement projects shall be protected in perpetuity
through a conservation easement conveyed to the city or public agency. The
Director of Planning, Building and Community may approve other forms of
encumbrances. If future development proposes to impact existing habitat
improvement sites, it must be demonstrated that there are no practicable
alternatives to avoid adverse impacts and, further, that adequate mitigation is
provided to address unavoidable losses.
3. Habitat improvements shall use an ecosystem or landscape approach, integrate
projects into their surrounding shoreline environments and include greenbelts for
species movement and use.
4.7 Shoreline Uses
Shoreline use activities are developments or activities that exist or are anticipated to
occupy shoreline locations.
Regulations are developed on the premise that all appropriate shoreline uses require
some degree of control to minimize adverse affects to the shoreline environment and
adjoining properties.
Each proposed development within the Shoreline Management Act's jurisdiction will be
evaluated to determine its conformance with the use activity policies and regulations, as
well as the Shoreline Management Element goals and policies, the SMA, and the SMP.
Even uses and activities that are exempt from the requirements for a shoreline
substantial development permit must be consistent with the policies and regulations of
the SMP, the SMA, and its provisions.
4.7.1 Prohibited Uses
The following uses are prohibited in all shoreline environments unless addressed
separately in this shoreline master program under another use. See Section 1.2 for
definitions of the following uses:
1. Boat houses;
2. Commercial development;
3. Forest practices;
4. Industrial development;
5. New or expanded mining; and
6. Permanent solid waste storage or transfer facilities.
4-31 Draft
Auburn Shoreline Master Program
4.7.2 Agriculture
Policies
1. This Program allows for existing, ongoing agricultural activities while also
maintaining shoreline ecological functions and processes.
2. Agricultural activities that do no meet the definition for existing and ongoing
agricultural activities should not be allowed in the shoreline.
3. Appropriate farm management techniques and new development construction
should be encouraged to prevent contamination of nearby water bodies and
adverse effects on valuable plant, fish, and animal life from fertilizer, herbicides
and pesticide use and application.
4. A vegetative buffer should be encouraged to be placed and maintained between
agricultural lands and water bodies or wetlands in order to reduce harmful bank
erosion and resulting sedimentation, enhance water quality, provide shade,
reduce flood hazard, and maintain habitat for fish and wildlife.
5. Public access to the shoreline should be encouraged where it does not conflict
with agricultural activities.
6. Proposals to convert agricultural uses to other uses should comply with all
policies and regulations established by the Comprehensive Plan and this Master
Program for said uses and should not result in a net loss of ecological functions.
Regulations
1. Existing and ongoing agricultural activities shall be permitted in all shoreline
environment designations. All other agricultural activities shall be prohibited.
2. Existing and ongoing agricultural activities are encouraged to provide a buffer of
natural or planted permanent native vegetation between areas of crops, grazing,
or other agricultural activity and adjacent waters, channel migration zones, and
wetlands.
3. Farming of fin fish, shellfish and management of other aquatic products are
subject to the policies and regulations for Aquaculture under Section 4.7.3.
4. Erosion control measures shall conform to guidelines and standards established
by the U.S. Soil Conservation Service and the U.S. Department of Agriculture.
5. The application of agricultural chemicals shall prevent the direct runoff of
chemical-laden waters into water bodies. Adequate provision shall be made to
minimize their entry into any body of water. Shoreline waters shall not be used
for livestock watering.
6. Livestock waste shall be disposed in a manner that will prevent surface or ground
water contamination.
7. Conversion of agricultural uses to other uses shall comply with the provisions of I!
Appendix A, 16.10 "Critical Areas" and this Program for the proposed use.
Draft 4-32
Auburn Shoreline Master Program
4.7.3 Aquaculture
Policies
1. Aquaculture is a water-dependent use, and when consistent with control of
pollution and avoidance of adverse impacts to the environment and preservation
of habitat for resident native species, is an accepted use of the shoreline.
2. Development of aquaculture facilities and associated activities, such as
hatcheries and fish counting stations should assure no net loss to shoreline
ecological functions or processes. Aquacultural facilities should be designed and
located so as not to spread disease to native aquatic life, establish new non-
native species which cause significant ecological impacts, or significantly impact
the aesthetic qualities of the shoreline.
3. Since locations for aquaculture activities are somewhat limited and require
specific water quatity, temperature, oxygen content, and adjacent land use
conditions, and because the technology associated with some forms of
aquaculture is still experimental, some latitude should be given when
implementing the regulations of this section, provided that potential impacts on
existing uses and shoreline ecological functions and processes are given due
consideration. Experimental aquaculture projects should be monitored and
adaptively managed to maintain shoreline ecological functions and processes.
Regulations
1. Development of aquaculture facilities shall be permitted as a conditional use in
the Urban Conservancy and Natural environment.
2. New upland aquaculture developments shall be screened from view from
adjacent residential or recreational areas by fences, berms, and/or vegetative
buffers.
3. Reflected glare or direct light generated by aquaculture developments shall be
minimized to the greatest extent possible. Lighting fixtures shall be designed and
hooded to prevent the light source from being directly visible from outside the
boundaries of the property.
4. The operators of aquaculture developments shall control odor through the proper
storage and disposal of feed and other organic materials and by maintaining a
clean operation. A specific plan for identifying and controlling odors shall be
developed and approved as part of the permit approval process.
5. Aquaculture that involves significant risk of cumulative adverse effects on water
quality, sediment quality, benthic and petagic organisms, and/or wild fish
populations through potential contribution of antibiotic resistant bacteria, or
escapement of nonnative species, or other adverse effects on ESA-listed species
shall not be permitted.
6. Aquaculture wastes shall be disposed of in a manner that will ensure strict
compliance with all applicable governmental waste disposal standards, including
4-33 Draft
Auburn Shoreline Master Program
but not limited to the Federal Ciean Water Act, Section 401, and the Washington
State Water Poilution Control Act (RCW 90.48).
4.7.4 Boating Facilities
Policies
1. Boating facilities should not be allowed unless they are accessible to the general
public or serve a community.
2. New boat launching ramps should be allowed only where they are located at
sites with suitable environmental conditions, shoreline configurations, access and
neighboring uses.
3. Development of new or modifications to existing boat launching ramps and
associated and accessory uses should not result in a net loss of shoreline
ecological functions or other significant adverse impacts.
Regulations
1. Public boat launching ramps shall be permitted in the Urban Conservancy and
Shoreline Residential Environments. Other types of boating facilities shall be
prohibited in Natural, Urban Conservancy, and Shoreline Residential
Environments.
2. Before granting approval of a permit to allow any boat launching ramp, the
applicant must satisfactorily demonstrate that:
a. Adequate facilities for the efficient handling of sewage and litter will be
provided.
b. The ramp will minimize impediments to migrating fish and will not locate on
sites important for salmonids, including spawning, feeding or rearing areas.
c. Important navigation routes or recreation areas will not be obstructed.
d. Adequate separation will be maintained between structures and adjacent
properties.
e. Adequate separation and buffers will be maintained between the facility's
associated parking area and adjacent properties such that the landscaping
requirements per Auburn Municipal Code 18.50, "Landscaping and
Screening" are met.
f. The dimensions and composition of buffers between the OHWM and the
facility's associated parking area shall meet requirements per Appendix A,
Section 16.10.090, "Buffer areas and setbacks".
g. The boat launch shall be designed so that structures are aesthetically
compatible with, or enhance, existing shoreline features and uses.
Draft 4-34
Auburn Shoreline Master Program
4.7.5 In-Stream Structural Uses
Policies
1. Approval of applications for in-stream structures should require inclusion of
provisions for the protection and preservation of ecosystem-wide processes,
ecological functions, and cultural resources, including, but not limited to, fish and
fish passage, wildlife and water resources, shoreline critical areas, hydro
geological processes, and natural scenic vistas.
2. The location and planning of in-stream structures should give consideration to
the futl range of public interests, watershed functions and processes, and
environmental concerns, with special emphasis on protecting and restoring
priority habitats and species.
3. Non-structural and non-regulatory methods to protect, enhance, and restore
shoreline ecological functions and processes -and other shoreline resources
should be encouraged as an alternative to structural in-stream structures.
Regulations
1. In-stream structures shall only be permitted as a conditional use in the Urban
Conservancy, Shoreline Residential and Natural (highly limited) environments.
2. Where in-stream structures are permitted, they shall be developed and
maintained in a manner that does not adversely impact ecological functions or
wildlife habitat.
3. In-stream structures that divert water shall return flow to the river in as short a
distance as possible.
4. All permit applications for in stream structures shall contain, at a minimum, the
following:
a. Provision for public access to and along the affected shoreline and proposed
recreational features at the site, where applicable. Public access provisions
shall include vistas and trails.
b. A plan describing the extent and location of vegetation proposed for removal
to accommodate the proposed facility and restoration plans.
c. All design work shall be done in consultation with the State Department of
Fish and Wildlife, State Department of Ecology and other relevant agencies.
4.7.6 Mining
Policies
1. Limit mining activities near the shoreline to existing mining uses.
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Auburn Shoreline Master Program
Regulations
1. New or expanded mining activities shall be prohibited.
2. Impacts to shorelines and water bodies due to existing mining operations upland
of the shoreline jurisdiction shall be minimized.
4.7.7 Recreation
Policies
1. Prioritize shoreline recreational development that provides public access,
enjoyment and use of the water and shorelines of the State over other non water-
oriented recreational uses.
2. Shoreline areas with the potential for providing recreation or public access
opportunities should be identified for this use and, wherever possible, acquired
and incorporated into the Public Park and open space system.
3. Public recreational facilities should be located, designed and operated in a
manner consistent with the purpose of the environment designation in which they
are located and such that no net loss of shoreline ecological functions or
ecosystem-wide processes result.
4. The coordination of local, state, and federal recreation planning should be
encouraged so as to mutually satisfy needs. Shoreline recreational
developments should be consistent with the City's Comprehensive Plan and
Parks, Recreation and Open Space Plan.
5. Recreational development should not interfere with public use of navigable
waters.
Regulations
1. Accessory use facilities such as rest rooms and parking areas shall be set back
from the ordinary high water mark unless accessory use facilities are essentially
water-oriented. These areas should be linked to the shoreline by walkways.
2. For recreation developments requiring fertilizers, pesticides or other toxic
chemicals, such as golf courses and play fields, the applicant shall submit plans
demonstrating the methods to be used to prevent these chemicals and the
resultant leachate from entering adjacent water bodies and wetlands. At a
minimum, plans shall meet the following:
a. Native vegetation zone strips and, if practical, shade trees shall be
included in the development. The City shall determine the maximum width
necessary for buffer strips, but in no case shall the buffer strip be less than
50 feet.
b. A chemical-free swath of at least 100 feet in width shall be established
next to water bodies and wetlands except that spot spraying for weed
control is allowed on golf courses.
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Auburn Shoreline Master Program
c. Slow release fertilizers and herbicides are permitted outside the required
chemical-free swath. Liquid or concentrate application shall only be
allowed for weed control spot spraying.
d. Plans shall be consistent with Section 4.4.2., "Shoreline Vegetation
Conservation" and Section 4.4.8, "Water Quality, Storm water and non-
point pollution" regulations of the Master Program.
3. A coordinated system of signs indicating the publics' right of access to shoreline
areas shall be installed and maintained in conspicuous locations at the point of
access and the entrance thereto.
4. In approving shoreline recreational developments, the City shall ensure that the
development will maintain, enhance or restore desirable shoreline features
including scenic views. To this end, the City may adjust and/or prescribe project
dimensions, location of project components on the site, intensity of use,
screening, parking requirements, and setbacks, as deemed appropriate to
achieve this intent.
5. Recreational development shall be subject to the following design requirements:
a. Development shall be designed to maintain, enhance and/or restore desirable
shoreline features including areas of native vegetation, scenic views and
aesthetic values.
b. Recreational developments shall provide non-motorized access to the
shoreline such as pedestrian and bicycle paths. Motorized vehicular access is
prohibited on stream beds, except for boat launching and maintenance
activities.
c. To protect natural resources and adjacent properties, recreational facility
design and operation shall prohibit the use of all-terrain and off-road vehicles
in the shoreline area.
d. Proposals for developments shall include a landscape plan that uses primarily
native, self-sustaining vegetation. The removal of on-site native vegetation
shall be limited to the minimum necessary for the development of permitted
structures or facilities. See "Clearing and Grading" and "Shoreline Vegetation
Conservation" sections of the Master Program for specific regulations.
e. No recreation buildings or structures shall be built over water, except water
dependent or public access structures such as docks, piers, viewing platforms
or walkways subject to applicable regulations of this shoreline master
program.
f. Recreational facilities shall make adequate provisions, such as screening,
buffer strips fences and signs to prevent parking overflow and to protect the
value and enjoyment of adjacent and natural areas.
g. Proposals for recreational developments must include plans for sewage
disposal, water supply, and solid waste disposal. All disposal facilities shall
meet all applicable State and local standards and regulations.
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Auburn Shoreline Master Program
h. Accesses for boats shall allow safe and convenient passage to the public
water, dictated by the class of boats using the access.
4.7.8 Residential Development
Policies
1. New over-water residences, including floating homes, are not a preferred use
and should be prohibited.
2. New multiunit residential development and land subdivisions for more than four
parcels should provide community and/or public access in conformance to the
City's public access planning and this Shoreline Master Program. Adjoining
access shall be considered in making this determination.
3. Accessory development (to either multiple family or single family) should be
designed and located to blend into the site as much as possible.
4. New residential developments and land divisions should avoid the need for new
shoreline stabilization or flood hazard reduction measures that would cause
significant impacts to other properties or public improvements or a net loss of
shoreline ecological functions.
Regulations
1. In case of a discrepancy between the requirements of this Master Program and
the City's Zoning Code, or other regulations, consistency with the SMP, the SMA,
and its provisions shall prevail.
2. The creation of new lots shall be prohibited unless all of the following can be
demonstrated.
a. A primary residence can be built on each new lot without any of the following
being necessary:
i. New structural shoreline stabilization;
H. New improvements in the required shoreline buffer or required
critical area buffer;
iii. Causing significant vegetation removal that adversely impacts
ecological functions;
iv. Causing significant erosion or reduction in slope stability; and
v. Causing increased flood hazard or erosion in the new development
or to other properties.
b. Adequate sewer, water, access, and utilities can be provided.
c. The intensity and type of development is consistent with the City
comprehensive plan and development regulations.
d. Potential significant adverse environmental impacts (including significant
ecological impacts) can be avoided or mitigated to achieve no net loss of
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Auburn Shoreline Master Program
ecological functions, taking into consideration temporal loss due to
development and potential adverse impacts to the environment.
e. The development is consistent with the development standards required by
the underlying zoning and with the following:
i. Lot area must be a minimum of 5,000 square feet; and
ii. Each dwelling unit must have a minimum lot area of 2,400 square
feet;
3. Channel migration zones and floodplain areas should be avoided if possible
when new residential lots are being created.
4. Prior to the granting of a Substantial Development Permit or Building Permit, the
City shall make a determination that the proposed project is consistent with the
policies and regulations of the Shoreline Master Program including the following
standards:
a. The proposed development site is suited for residential use and is not located
in areas having significant hazard to life and property and likely to require
future public funds to protect and rehabilitate. Adequate methods of erosion
control will be utilized during and after project construction.
b. Disturbance of established, native shoreline vegetation will be minimized.
c. Solutions will be provided to the problem of contamination of surFace waters,
depletion and contamination of ground water supplies and generation of
increased runoff into water bodies.
5. Residential development over water including garages, accessory buildings, and
boathouses shall not be permitted unless otherwise specified in fihis chapter.
6. New multiunit residential development, including the subdivision of land for more
than four parcels, shall include public access in conformance to Section 4.4.6
"Public Access" and the City's public access planning.
7. The following lot coverage, setback and height limitations shall be applicable to
residential development in all shoreline environments:
a. Lot Coverage. Not more than 33 and 1/3 percent of the gross lot area within
the regulated shoreline shall be covered by impervious material including
parking areas but excluding driveways.
b. Setbacks. All setbacks, with the exception of the setbacks from the ordinary
high water mark, shall be as required by the City of Auburn Zoning Code or
other City regulations.
c. Setbacks for Shoreline Sites from Ordinary High Water Mark in the Urban
Conservancy and Shoreline Residential environment designations. The
required setback for buildings and structures from the ordinary high water
mark or lawfully constructed bulkhead or revetment, whichever is further
upland, shall be 100 feet except that the shoreline setback shall not apply to
approved docks, floats, buoys, bulkheads, launching ramps and similar
structures.
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Aubum Shoreline Master Program
d. Setbacks for Shoreline Sites from Ordinary High Water Mark in the Natural
environment designation. The required setback for buildings and structures
from the ordinary high water mark shall be 200 feet. Residential development
is allowed on property with a Natural designation, provided the lot size and
configuration can accommodate such use without locating buildings,
structures, impervious surface, or other improvements within the 200-foot
setback.
8. Site Preparation. It shall be the intent of this Chapter to require the maintenance,
enhancement, and preservation of the natural site amenities. To this end, the
City may limit the extent of grading and clearing to the extent deemed necessary
for the reasonable and necessary use of the site or tract.
9. Height Limitations. The maximum height above average grade level of any
residential structure shall be 35 feet.
10. Fences.
a. No fence shall extend waterward of the OHWM; and,
b. Fences waterward of the furthest waterward extension of the house shall be
limited to four feet in height or less.
11. The following uses shall be permitted provided they are accommodated by
residential facilities and are allowed by the underlying zoning as a permitted use
(i.e., does not require a conditional use per the applicable zoning regulations):
a. Home based daycare; and
b. Supportive housing.
4.7.9 Signs
Policies
1. Signs should be designed, constructed and placed so that they are compatible
with the natural quality of the shoreline environment and adjacent land and water
uses. '
Regulations
1. The location, erection and maintenance of all signs must comply with the City of
Auburn Sign Code.
2. Off-premise outdoor advertising signs are prohibited in all shoreline
environments.
3. No signs will be erected or maintained upon trees, or drawn or painted upon
rocks or other natural features.
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Auburn Shoreline Master Program
4.7.10 Transportation
Policies
1. Plan, locate, design and where appropriate construct, proposed roads, non-
motorized systems and parking facilities where routes will have the least possible
adverse effect on unique or fragile shoreline features, will not result in a net loss
of shoreline ecological functions or adversely impact existing or planned water-
dependent uses. Where other options are available and feasible, new roads or
road expansions should not be built within shoreline jurisdiction.
2. The number of river crossings should be minimized.
3. Parking facilities in shorelines are not a preferred use and shall be allowed only
as necessary to support an authorized use and then as remote from the
Shoreline as possible.
4. Trail and bicycle systems should be encouraged along the White and Green
Rivers wherever possible.
5. Joint use of transportation corridors within the shoreline jurisdiction for roads,
utilities, and non-motorized transportation should be encouraged.
6. New railroad corridors should be prohibited.
Regulations
Roads & Bridqes
1. Developers of new roads must be able to demonstrate the following:
a. The need for a shoreline location and that no reasonable upland alternative
exists.
b. That construction is designed to protect the adjacent shorelands against
erosion, uncontrolled or polluting drainage, and other factors detrimental to
the environment both during and after construction.
c. That the project will be planned to fit the existing topography as much as
possible thus minimizing alterations to the natural environment.
d. That all debris, overburden and other waste materials from construction will
be disposed of in such a way as to prevent their entry by erosion from
drainage into water body.
e. That proposed bridges will be built high enough to allow the passage of
debris and anticipated high water flows.
f. That when new roads will afford scenic vistas, viewpoint areas will be
provided. Scenic corridors shall have sufficient provision for safe pedestrian
and non-motorized vehicular travel.
2. Developers of roads must demonstrate that:
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Auburn Shoreline Master Program
a. The road is located on grade rather than elevated unless crossing wetlands.
Road designs must provide appropriate pedestrian and non-motorized
vehicular crossings where public access to shorelines is intended.
3. Where bridges cross the Green and White Rivers, pedestrian linear access along
the water will be provided except where precluded by safety factors. Pedestrian
and bicycle passage across water shall be provided except on limited access
highways.
4. Bridges shall be used when crossing marshes, swamps, bogs, ponds, natural
recharge areas and other wetlands to avoid obstructing movement of surface and
groundwater.
5. All cut and fill slopes shall be stabilized and planted with native and/or
appropriately introduced grasses, shrubs and/or trees which shall be maintained
by the installing agency until established.
6. Roads shall be located so as to avoid the use of culverts to the maximum extent
possible.
7. Major roads shall cross shoreline areas by the shortest most direct route feasible,
unless such route would cause significant additional environmental damage.
8. Private access roads providing ingress and egress for individual single family
residences or lots shall be limited to one lane with turnouts and may not exceed
a maximum width of fifteen (15) feet.
9. Private access roads serving two or more families may be two lanes in width.
Railroads
1. New railroads requiring right-of-way expansion are prohibited.
2. Expansion of existing railroad within existing rights-of-way (i.e. additional track)
must demonstrate the following:
a. The need for a shoreline location and that no reasonable upland alternative
exists.
b. The construction is designed to protect adjacent shorelands against erosion,
uncontrolled or polluting drainage, and other factors detrimental to the
environment both during and after construction.
c. The identification of anticipated adverse environmental impacts and mitigation
measures.
d. That the project is planned to fit the existing topography as much as possible
thus minimizing alterations to the natural environment.
e. That all debris, overburden and other waste materials from construction will
be disposed of in such a way as to prevent their entry by erosion from
drainage into a water body.
f. That proposed bridges, if any, will be built high enough to allow the passage
of debris and anticipated high water flows.
Draft 4-42
Auburn Shoreline Master Program
3. Relocation of existing tracks and right-of-way landward of an existing right-of-way
with no expansion in the number of tracks shall be a conditional use.
4. All cut and fill slopes shall be stabilized and planted with native and/or
appropriately introduced grasses, shrubs and/or trees which shall be maintained
by the installing agency until fully established.
5. Bridges shall be used when crossing marshes, swamps, bogs, ponds, natural
recharge areas and other wetlands to avoid obstructing movement of surFace and
groundwater.
6. Railroad overpasses and underpasses shall be encouraged and designed to
promote safety for the pedestrian and for the railroad.
7. Public access improvements, including tying in to existing access, shall be
required with any railroad expansion.
8. Easement crossings shall be granted by the railroad for public facilities and
services as part of railroad expansion or right-of-way relocation.
4.7.11 Utilities
Policies
1. Utility facilities should be designed and located to assure no net loss of shoreline
ecological functions, preserve the natural landscape and vistas, preserve and
protect fish and wildlife habitat, and minimize conflicts with present and planned
land and shoreline uses.
2. Primary utility production and processing facilities, such as power plants, sewage
treatment plants, water reclamation plants, or parts of those facilities that are
non-water-oriented should not be allowed in shoreline areas.
3. Utilities should utilize existing transportation and utilities sites, rights-of-way and
corridors, whenever possible. Joint use of rights-of-way and corridors should be
encouraged.
4. Transmission facilities for the conveyance of services, such as power lines,
cables, and pipelines, shall be located outside of the shoreline area where
feasible. Where no other option exists, utilities should be placed underground or
alongside or under bridges.
5. New utilities facilities should be located so as not to require extensive shoreline
protection structures.
6. Where storm water management, conveyance, and discharge facilities are
permitted in the shoreline, they should be limited to the minimum size needed to
accomplish their purpose and should be sited and designed in a manner that
avoids, or mitigates adverse effects to the physical, hydrologic, or ecological
functions.
7. Stormwater conveyance facilities should utilize existing transportation and utility
sites, rights-of-way and corridors, whenever possible. Joint use of right-of-way
and corridors should be encouraged.
4-43 Draft
Aubum Shoreline Master Program
Regulations
1. Shoreline permit applications for installation of primary utility facilities shall
include the following:
a. Reason why utility facility requires a shoreline location;
b. Alternative locations considered and reasons for their elimination;
c. Location of other utility facilities in the vicinity of the proposed project
including facilities of other types of utilities;
d. Plans for reclamation of areas disturbed during construction;
e. Plans for control of erosion and turbidity during construction;
f. Possibility for consideration of the proposed facility within existing utility right-
of-way.
2. Utilities shall be located to be consistent with the policies of comprehensive plan
utilities element.
3. The State of Washington Departments of Fish and Wildlife and Ecology shall be
notified of any utility proposal which would require withdrawals of water from any
body of water under shoreline management jurisdiction.
4. Construction of underwater utilities or those within the wetland perimeter shall be
timed to avoid major fish migratory runs.
5. All underwater pipelines transporting liquids intrinsically harmful to aquatic life or
potentially detrimental to water quality shall provide automatic shut off valves.
6. Upon completion of utility instatlation/maintenance projects on shorelines, banks
shall, at a minimum, be restored to pre-project configuration, replanted and
provided with maintenance care until the newly planted vegetation is fully
established. Plantings shall be native species and/or be similar to vegetation in
the surrounding area.
7. Above ground site specific primary utility facilities such as generating facilities,
switching complexes, wastewater treatment plants, water reclamation facilities,
storage tanks, and substations shall be located at least 200 feet from the
ordinary high water mark unless the permittee can show the need for a shoreline
location.
8. Water reclamation discharge facilities such as injection wells or activities such as
land application are prohibited in the shoreline jurisdiction.
9. Where major generating facilities must be placed in a shoreline area, scenic
views shall not be obstructed
10. Transmission, distribution, and conveyance facilities shall cross shoreline
jurisdictional areas by the shortest, most direct route feasible, unless such route
would cause significant environmental damage.
Draft 4-44
Auburn Shoreline Master Program
11. Where overhead transmission lines must parallel the shoreline, they shall be
outside of the two hundred (200) foot shoreline environment unless topography
or safety factors would make it unfeasible.
12. Over water crossings of utilities shall be prohibited unless attached to a bridge
structure.
13. Where practical, utilities should consolidate permit applications in situations
where multiple permits from individual utilities are required.
14. Accessory utility facilities, such as those typical and normal to support and serve
a permitted shoreline use, shall be a permitted use in all environments. This will
typically consist of distribution lines and individual service lines. Such utility
facilities may be new or may be relocated facilities associated with, by way of
example, a road improvement project.
15. Storm water management facilities, limited to detention / retention / treatment
ponds, media filtration facilities, and lagoons or infiltration basins, within the
shoreline jurisdiction shall only be permitted when the following provisions are
met:
a. Construction of the storm water facility does not displace or impact a critical
area;
b. There is no other feasible location for the storm water facility and the facility is
located, constructed, and maintained in a manner that minimizes adverse
effects to shoreline ecological functions;
c. The storm water facility is designed to mimic and resemble natural wetlands
and meets applicable County or State storm water management standards
and the discharge water meets state water quality standards;
d. Low impact development approaches have been considered and
implemented to the maximum extent feasible.
16. Primary conveyance facilities, including storm water, wastewater, or water supply
pump stations; and storm water discharge facilities such as dispersion trenches,
level spreaders, and outfalls, may be located in the shoreline jurisdiction on a
case by case basis with a Shoreline Substantial Development Permit when the
Director of Planning, Building and Community determines that all of the following
are met:
a. Due to topographic or other physical constraints there are no feasible
locations for these facilities outside the shoreline;
b. The discharge is sited in a manner that minimizes disturbance of soils and
vegetation.
c. The discharge outlet is designed to prevent erosion and promote infiltration.
17. Construction of stormwater facilities in the shorelines jurisdiction shall be timed to
avoid fish and wildlife migratory and spawning periods.
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Auburn Shoreline Master Program
18. Proposal for all new storm water facilities shall include landscaping plans that
enhance the aesthetic quality of the shoreline, utilize native vegetation, and
provide for maintenance care until newly planted vegetation is established.
19. Development of stormwater facilities within the shoreline jurisdiction shall include
public access to the shoreline, trails systems, or other forms of recreation,
providing such uses will not unduly interfere with stormwater facility operations,
endanger public health, safety, and welfare, or create a significant and
disproportionate liability for the owner.
Draft 4-46
Auburn Shoreline Master Program
CHAPTER 5.0 Shoreline Master Program Amendments
5.1.1 Purpose.
The purpose of this chapter is to set forth procedures when proposals are made to
adopt or amend the officiaf controls of area-wide applicability which implement the
shoreline master program, i.e., the shoreline use regulations and maps made a part
thereof.
5.1.2 Amendments authorized.
The provisions of the shoreline master program use regulations or the shoreline
environment map may be amended as provided for in RCW 90.58.120 and 90.58.200
and Chapter 173-26 WAC.
5.1.3 Adoption required by the council.
Adoption of an amendment to the official controls shall be adopted by the city council by
ordinance after a public hearing and report by the planning commission.
5.1.4 Initiation of amendments.
The shoreline use regulations or map amendments thereto may be initiated by:
A. The adoption of a motion by the city council requesting the planning commission to
set a matter for hearing and recommendation.
B. The adoption of a motion by the planning commission.
C. Application of one or more owners of property affected by the proposal.
D. A department or agency of the city or governmental entity.
5.1.5 Applications required.
The Director shall prescribe the form(s) on which applications are made for
amendments to the master program use regulations and/or shoreline environment map.
Applications for amendments to the master program must satisfy the requirements of
the State Environmental Policy Act (Chapter 41.21 C RCW and Chapter 197-11 WAC).
5.1.6 Public hearing required by planning commission.
Whenever an amendment to the use regulations and/or shoreline environment map is
initiated under Section 5.1.4 of this Master Program, the Planning Commission shall
hold at least one public hearing thereon, and notice of such hearing shall be given.
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Aubum Shoreline Master Program
5.1.7 Burden of proof.
Proponents for shoreline environment map redesignations (i.e., amendments to the
shoreline environment designation map) shall bear the burden of proof for
demonstrating consistency with the shoreline environment criteria of the master
program, Chapter 173-26 WAC, and the goals and policies of the City of Auburn
Comprehensive Plan.
5.1.8 Public notice.
Notice shall be given pursuant to Chapter 173-26 WAC. Additional notice may be
employed at the discretion of the Director of Planning, Building, and Community.
5.1.9 City council.
The action by the Planning Commission on an amendment shall be considered advisory
to the council. Final and conctusive action on an amendment shafl be taken only by the
council.
5.1.10 Transmittal to the Department of Ecology.
Subsequent to final action by the council adopting or amending the Shoreline Master
Program or official control, said Master Program, official control or amendment thereto
shall be submitted to the Department of Ecology for approval. No such Master Program,
official control or amendment there to shall become effective until approval by the
Department of Ecology is obtained.
Draft 5-2
Auburn Shoreline Master Program
CHAPTER 6.0 Shoreline Management Administrative and
Permitting Procedures
Each proposed development within the Shoreline Management Act's jurisdiction will be
evaluated to determine its conformance with the use activity policies and regulations, as
well as the Shoreline Management Element goals and policies, the SMA, and the SMP.
Even uses and activities that are exempt from the requirements for a shoreline
substantial development permit must be consistent with the policies and regulations of
the SMP, the SMA, and its provisions.
The fotlowing provisions are codified in Chapter 16.08 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 Statement of Exemption.
16.08.054 Application - Shoreline substantial development permit - Review criteria.
16.08.056 Application - Shoreline conditional use permit - Review criteria.
16.08.058 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.
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
90.58 RCW; the State Department of Ecology regulations and guidelines adopted as
6-1 Draft
Auburn Shoreline Master Program
Chapters 173-26 and 173-27 WAC; the Auburn shoreline master program attached to
the ordinance codified in this chapter, 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. 6095 § 1, 2008;
Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.010.)
16.08.015 Adoption of shoreline management procedures.
The city of Auburn hereby adopts by reference the following sections or subsections of
Chapter 173-27 WAC, as amended, 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
(Ord. 6095 § 1, 2008.)
16.08.020 Definitions.
As used in this chapter:
A. "Act" means the Shoreline Management Act of 1971 (Chapter 90.58 RCW) and
state departmental regulations pursuant thereto, including any amendments thereto.
B. "Committee" means the planning and community development committee of the
city counciL
C. "Definitions by reference" means the definitions and concepts set forth in Chapter
6 of the Auburn shoreline master program attached to the ordinance codified in this
chapter, the Act (RCW 90.58.030), and state departmental definitions (WAC 173-27-030
and 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. 6095 § 1, 2008; Ord.
4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 71, 1985; 1957 code § 11.94.020.)
Draft 6-2
Auburn Shoreline Master Program
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 ensure 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 program, rules or
regulations adopted pursuant thereto, and to otherwise enforce the provisions of this
chapter and the Act. (Ord. 6095 § 1, 2008; 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 173-27-180 including the
following information:
A. Completed Joint Aquatic Resource Permit Application (JARPA) form.
B. Completed intake form from WAC 173-27-990, Appendix A- Shoreline
Management Act Permit Data Sheet and Transmittal Letter.
C. The name, address, phone number and e-mail 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.
D. The name, address, phone number and e-mail address of the applicant's
representative, if other than the applicant.
E. The name, address, phone number and e-mail address of the property owner, if
other than the applicant.
F. 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.
G. 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.g., Puget Sound).
H. A general description of the proposed project that includes the proposed use or
uses and the activities necessary to accomplish the project.
1. A general description of the property as it now exists including its physical
characteristics and improvements and structures.
J. 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.
K. 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:
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1. The boundary of the parcel(s) of land upon which the development is
proposed.
2. The ordinary high water mark of all water bodies located adjacent to or within
the boundary of the project. 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 adjacent 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.
3. 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.
4. A delineation of all wetland areas that will be altered or used as a part of the
development.
5. A general indication of the character of vegetation found on the site.
6. 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.
7. Where applicable, a landscaping plan for the project.
8. 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.
9. Quantity, source and composition of any fill material that is placed on the site
whether temporary or permanent.
10. Quantity, composition and destination of any excavated or dredged material.
11. A vicinity map showing the relationship of the property and proposed
development or use to roads, utilities, existing developments and uses on adjacent
properties.
12. Where applicable, a depiction of the impacts to views from existing residential
uses and public areas.
L. Copy of completed SEPA environmental checklist, declaration of nonsignificance 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.
M. The names, addresses and legal description for each parcel of property within 300
feet of the exterior boundary of the subject property as shown by the records of the King
County or Pierce County assessor.
N. 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
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Auburn Shoreline Master Program
authorized agent. (Ord. 6095 § 1, 2008; 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. 6095 § 1,
2008; 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 Statement of Exemption.
Where development proposals in shoreline jurisdiction are subject to review, approval,
and permitting by a federal or state agency, the Director shall prepare a statement of
exemption, addressed to the applicant, the federal or state permitting agency, and
Ecology. The letter shall indicate the specific exemption provision from WAC 173-27-
040 that is being applied to the development and provide a summary of the analysis
demonstrating consistency of the project with the Auburn SMP and the SMA.
16.08.054 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 (Chapter 90.58 RCW;
Chapters 173-26 and 173-27 WAC).
B. The director may attach conditions to the approval of permits as necessary to
assure consistency of the proposal with the above criteria. (Ord. 6095 § 1, 2008.)
16.08.056 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;
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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;
4. That the proposed use witl 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;
6. That the proposed use is in the best interest of the public health, safety,
morals or welfare; and
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. (Ord. 6095 § 1, 2008.)
16.08.058 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 ACC 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, bogs or swamps
pursuant to Chapter 173-22 WAC, 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;
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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 Chapter
173-22 WAC, may be authorized, provided the applicant can demonstrate all the criteria
stated above as well as the following:
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
Chapter 90.58 RCW 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. (Ord. 6095 § 1, 2008.)
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. 6095 § 1, 2008; 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 this chapter and the master plan for the city shall be on the applicant, plus the
requirements pursuant to Section 14(6) of the Act. (Ord. 6095 § 1, 2008; 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 shoreline substantial development permit, shoreline conditional use permit, or
shoreline variance 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.
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B. The notice and conduct of the public hearing shall be in accordance with Chapter
18.66 ACC. (Ord. 6095 § 1, 2008; 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. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code
§ 11.94.050(b) )
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. 6095 § 1,
2008; 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 Act and departmental regulations. (Ord.
6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 75, 1985; 1957
code § 11.94.050(d).)
16.08.120 Application - Hearing - Rutes 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. 6095 § 1, 2008; 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 State Shorelines Hearings Board, pursuant to ACC 16.08.190. 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. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord.
4047 § 77, 1985; 1957 code § 11.94.050 (fl.)
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,
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shoreline conditional use permit, or shoreline variance 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. 6095 § 1,
2008; 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 have been
terminated. (Ord. 6095 § 1, 2008; 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. 6095 § 1, 2008; 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 requiremen# to post a perFormance bond assuring compliance with other
permit requirements, terms and conditions. (Ord. 6095 § 1, 2008; 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. 6095 § 1, 2008;
Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.060(e).)
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16.08.190 Decision appeals.
Any person aggrieved by the granting, denying or rescission of a substantial
development permit by the hearing 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 council'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. 6186 § 3, 2008; Ord. 6095 § 1, 2008;
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.
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. 6095 § 1, 2008; 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.
6095 § 1, 2008; 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. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord.
4225 § 1, 1987; 1957 code § 11.94.100.)
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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
Exhibit A Draft
Auburn Shoreline Master Program
Appendices
A. Critical Area Provisions in Shoreline Jurisdiction (Applicable Sections of ACC
Chapter 16.10)
B. ACC Chapter 18.54 Nonconforming Structures, Land and Uses
C. Geologic Hazard Report Submittal Requirements
D. Permit Data Sheet
Appendix A Draft
Aubum Shoreline Master Program
Appendix A
Critical Area Provisions in Shoreline
Jurisdiction
(Applicable Sections of ACC Chapter 16.10)
Auburn Shoreline Master Program
Chapter 16.10
CRITICAL AREAS
Sections:
16.10.010 Purpose and intent.
16.10.020 Definitions.
16.10.050 Critical areas maps.
16.10.060 Relationship to other regulations.
16.10.070 Critical area review process and application requirements.
16.10.080 Classification and rating of critical areas.
16.10.090 Buffer areas and setbacks.
16.10.100 Alteration or development of critical areas - Standards and criteria.
16.10.110 Mitigation standards, criteria and plan requirements.
16.10.120 Performance standards for mitigation planning.
16.10.130 Monitoring program and contingency plan.
16.10.140 Procedural provisions.
16.10.180 Severability.
16.10.010 Purpose and intent.
A. The city of Auburn contains numerous areas that can be identified and
characterized as critical or environmentally sensitive. Such areas within the city include
wetlands, streams, wildlife habitat, significant trees, geologic hazards, ground water
protection areas, and flood hazards.
B. The city finds that these critical areas perForm a variety of valuable and beneficial
biological and physical functions that benefit the city and its residents. Alteration of
certain critical areas may also pose a threat to public safety or to public and private
property or the environment. The city therefore finds that identification, regulation and
protection of critical areas are necessary to protect the public health, safety and general
welfare. The city further finds that the functions of critical areas and the purpose of these
regulations include the following:
1. Wetlands. Wetlands perform a variety of functions that include maintaining
water quality; storing and conveying storm water and flood water; recharging ground
water; providing important fish and wildlife habitat; and serve as areas for
recreation, education and scientific study, and aesthetic appreciation.
Wetland buffers serve to moderate runoff volume and flow rates; reduce
sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable
water temperatures; provide habitat for wildlife; and protect wetland resources from
harmful intrusion.
The primary goals of wetland regulation are to avoid adverse wetland impacts; to
achieve no net loss of wetland function and value - acreage may also be considered in
achieving the overall goal; to provide levels of protection that reflect the sensitivity of
individual wetlands and the intensity of proposed land uses; and to restore and/or
enhance existing wetlands, where possible.
2. Streams. Streams and their associated riparian corridors provide important fish
and wildlife habitat; help to maintain water quality; store and convey storm water and
flood water; recharge ground water; and serve as areas for recreation, education and
scientific study and aesthetic appreciation. Stream buffers serve to moderate runoff
volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide
shading to maintain desirable water temperatures; provide habitat for wildlife; and
protect stream resources from harmful intrusion.
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The primary goals of stream regulation are to avoid adverse impacts to streams
and associated riparian corridors; to achieve no net loss of functions and values of the
targer ecosystem in which the stream is located; to protect fish and wildlife resources; to
protect water quality through appropriate management techniques; and, where possible,
to provide for stream enhancement and rehabilitation.
3. Wildlife Habitat. Wildlife habitat provides opportunities for food, cover, nesting,
breeding and movement for fish and wildlife; maintains and promotes diversity of species
and habitat; coordinates habitat protection with elements of the open space system;
helps to maintain air and water quality; helps control erosion; serves as areas for
recreation, education, scientific study, and aesthetic appreciation; and provides
neighborhood separation and visual diversity within urban areas.
The primary goals of wildlife habitat regulation are to avoid adverse impacts to
critical habitats for fish and wildlife; to achieve no net loss of functions and values of the
larger ecosystem in which the wildlife habitat is located; to imptement the goals of the
Endangered Species Act; to promote connectivity between habitat areas to allow for
wildlife movement; to provide multi-purpose open space corridors; and where possible to
provide for fish and wildlife habitat enhancement and rehabilitation that reflect the
sensitivity of the species.
4. Ground Water Protection Areas. Ground water protection areas provide a
source of potable water and contribute to stream discharge/flow. Such areas contribute
to the recharge of aquifers, springs and/or wells and are susceptible to contamination of
water supplies through infiltration of pollutants through the soil.
The primary goals of ground water protection regulations are to protect ground
water quality by maintaining the quantity of recharge; avoiding or limiting land use
activities that pose potential risk of aquifer contamination; and to minimize or avoid
adverse impacts to ground water protection areas through the application of
performance standards, and to comply with the requirements of the Federal Safe
Drinking Water Act and Washington Administrative Code that require Group A public
water systems to develop and implement a wellhead protection program.
5. Geologic Hazard Areas. Geologic hazard areas include lands or areas
characterized by geologic, hydrologic and topographic conditions that render them
susceptible to varying degrees of risk of landslides, erosion, seismic or volcanic activity.
The primary goals of regulating geologic hazards are to avoid and minimize
potential impacts to life and property by regulating and/or limiting land uses where
necessary, and to conduct appropriate levels of analysis and ensure sound engineering
and construction practices to address identified hazards.
6. Flood Hazard Areas. Floodplains help to store and convey storm water and
flood water; recharge ground water; provide important areas for riparian habitat; and
serve as areas for recreation, education, and scientific study. Development within
floodplain areas can be hazardous to those inhabiting such development, and to those
living upstream and downstream. Floods also cause substantial damage to public and
private property that results in significant costs to the public and individuals.
The primary goals of flood hazard regulations are to limit or condition
development within the 100-year floodplain to avoid substantial risk of damage to public
and private property and that results in significant costs to the public and individuals; to
avoid significant increases in peak storm water flows or loss of flood storage capacity;
and to implement the objectives of the Draft Mill Creek Flood Control Plan, if and when
adopted.
C. This chapter of the Auburn City Code and other sections as incorporated by
reference contain standards, procedures, criteria and requirements intended to identify,
analyze, and mitigate potential impacts to the city's critical areas, and to enhance and
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Auburn Shoreline Master Program
restore degraded resources where possible. The general intent of these regulations is to
avoid impacts to critical areas. In appropriate circumstances, impacts to specified critical
areas resulting from regulated activities may be minimized, rectified, reduced and/or
compensated for, consistent with the requirements of this chapter.
D. It is the further intent of this chapter to:
1. Comply with the requirements of the Growth Management Act (Chapter
36.70A RCW) and implement rules to identify and protect critical areas and to perform
the review of development regulations required by RCW 36.70A.215;
2. Develop and implement a comprehensive, balanced and fair regulatory
program that avoids impacts to critical resources where possible, that requires that
mitigation be performed by those affecting critical areas, and that thereby protects the '
public from injury, loss of life, property or financial losses due to flooding, erosion,
landslide, seismic events, soil subsidence, or steep slope failure;
3. Implement the goals and policies of the Auburn comprehensive plan, including
those pertaining to natural features and environmental protection, as well as goals
relating to land use, housing, economic development, transportation, and adequate
public facilities;
4. Serve as a basis for exercise of the city's substantive authority under the State
Environmental Policy Act (SEPA) and the city's environmental review procedures, where
necessary to supplement these regulations, while also reducing the city's reliance on
project-level SEPA review;
5. Provide consistent standards, criteria and procedures that will enable the city
to effectively manage and protect critical areas while accommodating the rights of
property owners to use their property in a reasonable manner;
6. Provide greater certainty to property owners regarding uses and activities that
are permitted, prohibited, and/or regulated due to the presence of critical areas;
7. Coordinate environmental review and permitting of proposals involving critical
areas with existing development review and approval processes to avoid duplication and
delay pursuant to the Regulatory Reform Act, Chapter 36.70B RCW;
8. Establish conservation and protection measures for threatened and
endangered fish species in compliance with the requirements of the Endangered
Species Act and the Growth Management Act requirements to preserve or enhance
anadromous fisheries, WAC 365-195-925;
9. Alert members of the public, including appraisers, assessors, owners, potential
buyers or lessees, to the development limitations of critical areas and their required
buffers.
E. Best Available Science. The city has considered and included the best available
science in developing these regulations, consistent with RCW 36.70A.172 and WAC
365-195-900, et seq. This has been achieved through research and identification of
relevant technical sources of information, consultation with experts in the disciplines
covered by this chapter, and consultation and requests for technical information
regarding best available science from state and federal resource agencies.
Preparation of this chapter has included the use of relevant nonscientific information,
including consideration of legal, social, policy, economic, and land use issues. This
reflects the city's responsibilities under numerous laws and programs, including other
provisions of the Growth Management Act, and the need to weigh and balance various
factors as part of decision making to accomplish municipal objectives. This may result in
some risk to the functions and values of some critical areas. The city will also use its
authority under the State Environmental Policy Act (SEPA) to identify, consider and
mitigate, where appropriate, significant adverse effects on critical resources not
otherwise addressed by the regulations of this chapter.
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The city intends to review and monitor implementation of its critical areas regulations
and to use an adaptive management approach. It will make adjustments to the
regulations, as appropriate, in response to changing conditions, new information about
best available science, or empirical data indicating the effectiveness of its regulatory
program. This will occur in the context of the city's ongoing review and revision of its
comprehensive plan and development regulations pursuant to the Growth Management
Act.
Additional information, both scientific and nonscientific, regarding compliance with
WAC 365-195-915(c), including identification of risks to resources, is contained in the
findings and conclusions and the overall record supporting adoption of Auburn's critical
areas regulations. (Ord. 5894 § 1, 2005.)
16.10.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
"Anadromous fish" means fish that spawn and rear in freshwater and mature in the
marine environment, such as salmon, steelhead, sea-run cutthroat, and bull trout.
"Applicant" means the person, party, firm, corporation, or other entity that proposes or
has performed any activity that affects a critical area.
"Aquifer" means, generally, any water bearing soil or rock unit. Specifically, a body of
soil or rock that contains sufficient saturated permeable material to conduct ground
water and yield economically significant quantities of ground water to wells or springs.
"Artificially created wetlands" means wetlands created from nonwetland sites through
purposeful, legally authorized human action, such as irrigation and drainage ditches,
grass-lined swales, canals, retention or detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities.
"Best Available Science." As defined in the Procedural Criteria for Adopting
Comprehensive Plans and Development Regulations for Best Available Science at WAC
365-195-900, et seq.
"Buffer or buffer area, critical area" means a naturally vegetated, undisturbed,
enhanced or revegetated zone surrounding a critical area that protects the critical area
from adverse impacts to its integrity and value, and is an integral part of the resource's
ecosystem.
"City" means the city of Auburn.
"Clearing" means the removal of timber, brush, grass, ground cover or other
vegetative matter from a site, which exposes the earth's surface of the site, or any
actions, which disturb the existing ground surface.
"Comprehensive plan" means the city of Auburn comprehensive plan as now adopted
or hereafter amended.
"Critical areas" or "environmentally sensitive areas" means areas that possess
important natural functions and embody a variety of important natural and community
values. Such areas include wetlands, streams, fish and wildlife habitat, geologic hazard
areas, ground water protection areas, and flood hazard areas. If not conducted properly,
development or alteration of such areas may cause significant impacts to the valuable
functions and values of these areas and/or may generate risks to the public health and
general welfare, and/or to public and private property.
"Critical area report" means a report prepared by a qualified consultant to determine
the presence, type, class, size, function and/or value of an area subject to these
regulations. Also see "Stream reconnaissance report," "Wetland impact assessment
report" and "Wildlife report."
"Critical erosion hazard areas" means lands or areas underlain by soils identified by
the U.S. Department of Agriculture Soil Conservation Service (SCS) (now known as the
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Natural Resource Conservation Service) as having "severe" or "very severe" erosion
hazards. This includes, but is not limited to, the following group of soils when they occur
on slopes of 15 percent or greater: Alderwood-Kitsap (AkF), Alderwood gravelly sandy
loam (AgD), Kitsap silt loam (KpD), Everett (EvD), and Indianola (InD). Additional soil
groups may be identified through site-specific analysis.
"Critical geologic hazard areas" means lands or areas subject to high or severe risks
of geologic hazard, including critical erosion hazard areas, critical landslide hazard
areas, and critical seismic hazard areas.
"Critical habitat" or "critical wildlife habitat" means habitat areas associated with
threatened, endangered, or sensitive species of plants or wildlife (pursuant to WAC 232-
12-297(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.
"Critical landslide hazard areas" means lands or areas where there is a high (Class III)
or very high (Class IV) risk of landslide due to a combination of slope, soil permeability,
and water.
"Critical seismic hazard areas" means lands or areas where there is a high risk of
seismic events and damage.
"Delineation manual," "wetland delineation manual," or "wetland delineation
methodology" means the manual and methodology used to identify wetlands in the field,
as described in the Washington State Wetlands Identification and Delineation Manual
(Publication No. 96-94), adopted by the Department of Ecology in 1997 (pursuant to
RCW 36.70A.175 and 90.58.380), and which is based on the U.S. Corps of Engineers
Wetlands Delineation Manual (1987). Use of this manual is required by RCW
36.70A.175 and 90.58.380.
"DepartmenY" means the city of Auburn department of planning and community
development or successor agency, unless the context indicates a different city
department.
"Director" means the director of the city of Auburn department of planning and
community development or successor agency.
"Earth/earth material" means naturally occurring rock, soil, stone, sediment, or
combination thereof.
"Enhancement" means the improvement of an existing viable wetland, stream or
habitat area or the buffers established for such areas, through such measures as
increasing plant diversity, increasing wildlife habitat, installing environmentally-
compatible erosion controls, increasing structural diversity or removing plant or animal
species that are not indigenous to the area. Enhancement also includes actions
performed to improve the quality of an existing degraded wetland, stream, or habitat
area. See also "Restoration."
"Erosion" means a process whereby wind, rain, water, and other natural agents
mobilize and transport soil particles.
"Erosion hazard areas" means lands or areas that, based on a combination of slope
inclination and the characteristics of the underlying soils, are susceptible to varying
degrees of risk of erosion. Erosion hazard areas are classified as "low" (areas sloping
less than 15 percent) or "high" (areas sloping 15 percent or more) on the following Soil
Conservation Service (SCS), now known as the Natural Resource Conservation Service
(NRCS), soil types: Alderwood-Kitsap (AkF), Alderwood gravelly sandy loam (AgD),
Kitsap silt loam (KpD), Everett (EvD) and Indianola (InD). Additional soil groups may be
identified through site-specific analysis.
"Excavation" means the removal or displacement of earth material by human or
mechanical means.
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"Existing and ongoing agricultural activities" means those activities conducted on
lands defined in RCW 84.34.020(2), and those activities involved in the production of
crops and livestock. Such activity must have been in existence as of July 1, 1990 (the
effective date of the Growth Management Act). The definition includes, but is not limited
to, operation and maintenance of farm and stock ponds or drainage ditches, irrigation
systems, changes between agricultural activities or crops, and normal operation,
maintenance or repair of existing serviceable structures, facilities, or improved areas.
Activities, which,bring an area into agricultural use from a previous nonagricultural use,
are not considered part of an ongoing activity. An operation ceases to be ongoing when
the area on which it was conducted is proposed for conversion to a nonagricultural use
or has lain idle for a period of longer than five years, unless the idle land is registered in
a federal or state soils conservation program. Forest practices are not included in this
definition.
"Exotic" means any species of plant or animal that is foreign and not indigenous to the
lower Puget Sound area.
"Fill/fill material" means a deposit of earth material placed by human or mechanical
means.
"Filling" means the act of transporting and placing (by any manner or mechanism) fill
material from, to, or on any surFace water body or wetland, soil surface, sediment
surface, or other fill material.
"Geologic hazard areas" means lands or areas characterized by geologic, hydrologic,
and topographic conditions that render them susceptible to varying degrees of risk of
landslides, erosion, seismic or volcanic activity.
"Grading" means any excavating, filling, clearing, leveling or contouring of the ground
surface by human or mechanical means.
"Ground water protection areas" means land areas designated by the city beneath
which ground water occurs that is a current or potential future source of drinking water
for the city.
"Habitat management" means management of land and its associated
resources/features to maintain species in suitable habitats within their natural
geographic distribution so that isolated subpopulations are not created. This does not
imply maintaining all habitat or individuals of all species in all cases.
"Hazardous materials" means any material, either singularly or in combination, that is
a physical or health hazard as defined and classified in Article 80 of the Uniform Fire
Code as adopted or amended by the city, whether the materials are in usable or waste
condition; and any material that may degrade ground water quality when improperly
stored, handled, treated, used, produced, recycled, disposed of, or otherwise
mismanaged. Hazardous materials shall also include, without exception:
1. All materials defined as or designated by rule as a dangerous waste or
extremely hazardous waste under Chapter 70.105 RCW and Chapter 173-303 WAC;
2. Any substance defined as or designated by rule as a hazardous substance
under Chapter 70.105 RCW and Chapter 173-303 WAC; and
3. Petroleum or petroleum products, including any waste oils or sludges.
"Hazardous materials inventory statemenY" means a form provided by the fire
department and completed by a business owner that provides specified information
regarding hazardous materials at the business.
"Hydrologically isolated" means wetlands which: (1) have no surface water connection
to a lake, river, or stream during any part of the year; (2) are outside of and not
contiguous to any 100-year floodplain of a lake, river, or stream; and (3) have no
contiguous hydric soil between the wetland and any lake, river, or stream. May also be a
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pond excavated from uplands with no surface water connection to a stream, lake, or
other wetland.
"In-kind wetland mitigation" means replacement of wetlands with wetlands whose
characteristics closely approximate those destroyed or degraded by a regulated activity.
"Injection well" means a"well" that is used for the subsurface emplacement of fluids.
(From WAC 173-218-030.)
"Intentionally created streams" means streams created through purposeful human
action, such as irrigation and drainage ditches, grass-lined swales, and canals. This
definition does not include stream modifications performed pursuant to city authorization,
such as changes or redirection of stream channels.
"Lahar" means mudflows or debris flows associated with volcanic activity and which
pose a threat to life, property, and structures.
"Landslide" means episodic downslope movement of a mass of soil or rock.
"Landslide hazard areas" means areas that, due to a combination of slope inclination,
relative soil permeability, and hydrologic conditions are susceptible to varying degrees of
risk of landsliding. Landslide hazard areas are classified as Classes I through IV based
on the degree of risk as follows:
1. Class I/Low Hazard. Areas with slopes of 15 percent or less.
2. Class II/Moderate Hazard. Areas with slopes of between 15 percent and 40
percent and that are underlain by soils that consist largely of sand, gravel or glacial till.
3. Class III/High Hazard. Areas with slopes between 15 percent and 40 percent
that are underlain by soils consisting largely of silt and clay.
4. Class IVNery High Hazard. Areas with slopes steeper than 15 percent with
identifiable zones of emergent water (e.g., springs or ground water seepage), areas of
identifiable landslide deposits regardless of slope and all areas sloping more steeply
than 40 percent.
The slopes referenced above include only those where the surface drops 10 feet or
more vertically within a horizontal distance of 25 feet.
"Mature and old-growth forested wetlands" means wetlands containing mature or old-
growth forested areas, generally requiring a century or more to develop. These systems
represent two priority habitats, as defined by the Washington Department of Fish and
Wildlife.
"Mitigation" means activities which include:
1. Avoiding the impact altogether by not taking a certain action or parts of
actions.
2. Minimizing impacts by limiting the degree or magnitUde of the action and its
implementation.
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment.
4. Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action.
5. Compensating for the impact by replacing or providing substitute resources or
environments.
While monitoring without additional actions is not considered mitigation for the
purposes of these regulations, it shall be part of a comprehensive mitigation program.
"Mitigation sequencing" means considering or performing mitigation actions, as
defined in the definition of "mitigation," in a preferred sequence from (1) through (5).
Avoidance is preferred and must be considered prior to pursuing other forms of
mitigation.
"Native" means any species of plant or animals which are or were indigenous to the
lower Puget Sound area.
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"Natural heritage wetlands" means wetlands that are identified by scientists of the
Washington Natural Heritage Program/DNR as high quality, relatively undisturbed
wetlands, or wetlands that support state-listed threatened or endangered plants.
"Off-site mitigation" means performance of mitigation actions, pursuant to standards
established in this chapter, on a site or in an area other than that proposed for conduct
of a regulated activity.
"Out-of-kind mitigation" means replacement of wetlands or habitat with substitute
wetlands or habitat whose characteristics do not closely approximate those adversely
affected, destroyed, or degraded by a regulated activity.
"Permanent erosion control" means continuous on-site and off-site control measures
that are needed to control conveyance or deposition of earth, turbidity, or pollutants after
development, construction, or restoration.
"Plant association of infrequent occurrence" means one or more plant species which
because of the rarity of the habitat and/or the species involved, or for other botanical or
environmental reasons, do not often occur in the city of Auburn. Examples include but
are not limited to:
1. Wetlands with a coniferous forested class or subclass consisting of trees such
as western red cedar, Sitka spruce, or lodge pole pine growing on organic soils;
2. Bogs with a predominance of sphagnum moss, or those containing sphagnum
moss, and typically including one or more species such as Labrador tea, sundew, bog
laurel, or cranberry.
"Qualified consultant," for purposes of these regulations, shall mean a person who has
attained a degree from an accredited college or university in the subject matter
necessary to evaluate the critical area in question (e.g., biology, ecology, or
horticulture/arboriculture for wetlands, streams, wildlife habitat, and geology and/or civil
engineering for geologic hazards, and hydrogeologist for ground water protection areas),
and/or who is professionally trained and/or certified or licensed by the state of
Washington to practice in the scientific disciplines necessary to identify, evaluate,
manage, and mitigate impacts to the critical area in question.
"Reasonable use" means a legal concept articulated by federal and state courts in
regulatory taking cases.
"Regulated activities" means activities that have a potential to significantly impact a
critical area that is subject to the provisions of this chapter. Regulated activities generally
include, but are not limited to, any filling, dredging, dumping or stockpiling, release of
contaminants to soil or water, draining, excavation, flooding, clearing or grading,
construction or reconstruction, driving pilings, obstructing, clearing, or harvesting.
"Restoration" means actions taken to re-establish wetland, stream or habitat functional
values, and the characteristics that have been destroyed or degraded by past alterations
(e.g., filling or grading). See also "Enhancement."
"Salmonids" means the family of fish which includes salmon, trout, and char.
"Secondary habitat" means areas that offer less diversity of animal and plant species
than critical habitat but are important for performing the essential functions of habitat.
"Seismic hazard areas" means areas that, due to a combination of soil and ground
water conditions, are subject to risk of ground shaking, subsidence, or liquefaction of
soils during earthquakes. These areas are typically underlain by soft or loose saturated
soils (such as alluvium), have a shallow ground water table, and are typically located on
the floors of river valleys.
"Site" means the location containing a regulated critical area and on which a regulated
activity is proposed. The location may be a parcel or portion thereof, or any combination
of contiguous parcels where a proposed activity may impact a critical area.
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"Slope" means an inclined earth surface, the incline of which is expressed as the ratio
of horizontal distance to vertical distance. The slopes referenced above includes only
those where the surface drops 10 feet or more vertically within a horizontal distance of
25 feet.
"Spring" means a source of water where an aquifer comes in contact with the ground
surface.
"Stream reconnaissance report " means a type of critical area report prepared by an
applicant's qualified consultant to describe a stream and to characterize its conditions,
wildlife, habitat values and water quality. The report also includes an analysis of impacts.
"Streams" means those areas where surface waters produce a defined channel or bed
that demonstrates clear evidence of the passage of water and includes, but is not limited
to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The
channel or bed need not contain water year-round. This definition is not intended to
include artificially created irrigation ditches, canals, storm or surface water devices, or
other entirely artificial watercourses unless they are used by salmonids or created for the
purposes of stream mitigation.
"Structural diversity, vegetative" means the relative degree of diversity or complexity
of vegetation in a wildlife habitat area as indicated by the stratification or layering of
different plant communities (e.g., ground cover, shrub layer and tree canopy), the variety
of plant species and the spacing or pattern of vegetation.
"Substrate" means the soit, sediment, decomposing organic matter or combination of
those located on the bottom surface of the wetland, lake, stream, or river.
"Temporary erosion control" means on-site and off-site control measures that are
needed to control conveyance or deposition of earth, turbidity, or pollutants during
development, construction, or restoration.
"Tertiary habitat" means habitat that supports some wildlife but does not satisfy the
definition of secondary or critical habitat.
"Tree" means any self-supporting perennial woody plant characterized by natural
growth of one main stem or trunk with a definite crown, and maturing at a height of at
least six feet above the ground.
"Tree base fee" means the current cost of the tree based on species and minimum
code required installation size, installation (labor and equipment) maintenance for two
years and fund administration.
"Utility" includes natural gas, electric, telephone and telecommunications, cable
communications, water, sewer or storm drainage and their respective facilities, lines,
pipes, mains, equipment and appurtenances.
"Variance" means permission to depart from the requirements of the specific
regulations of this title for a particular piece of property.
"Volcanic hazard areas" means areas identified by the U.S. Geological Survey (maps
dated 1998 or as hereafter revised) as subject to a risk of large lahars with a recurrence
interval of 500 to 1,000 years.
"Water dependent use" means a principal use which can only exist when the
land/water interface provides biological or physical conditions necessary for the use.
"Well" includes any excavation that is drilled, cored, bored, washed, driven, dug, jetted
or otherwise constructed when the intended use of an excavation is for the location,
diversion, artificial recharge, or withdrawal of ground water.
"Wellhead protection area" means the portion of a well's, wellfield's or spring's zone of
contribution defined as such using the criteria established by the city.
"Wetland" or "wetlands" means 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
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saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial wetlands intentionally created from
nonwetland sites, including but not limited to irrigation and drainage ditches, grass-lined
swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities. However, wetlands include those artificial wetlands intentionally
created from nonwetland areas to mitigate conversion of wetlands. (Definition taken from
the Washington State Wetlands Identification and Delineation Manual, Ecology
Publication No. 96-94.)
"Wetland impact assessment report" means a report prepared by a qualified
consultant that identifies, characterizes and analyzes potential impacts to wetlands
consistent with applicable provisions of these regulations. A wetland impact assessment
may be combined with and include a formal wetland delineation.
"Wildlife report" means a report prepared by a qualified consultant that evaluates plant
communities and wildlife functions and values on a site, consistent with the format and
requirements established by this chapter. The report also includes an analysis of
impacts. (Ord. 5894 § 1, 2005.)
16.10.050 Critical areas maps.
Maps have been developed by the city that show the general location of critical areas.
These maps are available for reference at the city planning and community development
department. These maps shall be used for informational purposes as a general guide
only for the assistance of property owners and other interested parties; the boundaries
and locations shown are generalized. The actual presence or absence, type, extent,
boundaries and classification of critical areas on a specific site shall be identified in the
field by a qualified consultant and determined by the city, according to the procedures,
definitions and criteria established by this chapter. In the event of any conflict between
the critical area location or designation shown on the city's maps and the criteria or
standards of this section, the criteria and standards shall prevail. (Ord. 5894 § 1, 2005.)
16.10.060 Relationship to other regulations.
A. These critical area regulations shall apply as an overlay and in addition to zoning,
land use and other regulations established by the city of Auburn. In the event of any
conflict between these regulations and any other regulations of the city, the regulations
which provide greater protection to critical areas shall apply.
B. Areas characterized by particular critical areas may also be subject to other
regulations established by this chapter due to the overlap or multiple functions of some
sensitive or critical areas. Wetlands, for example, may be defined and regulated
according to the wetland, habitat and stream management provisions of this chapter. In
the event of any conflict between overlapping regulations for multiple critical areas on
the same site, the regulations which provide greater protection to critical areas shall
apply. (Ord. 5894 § 1, 2005.)
16.10.070 Critical area review process and application requirements.
A. Pre-Application Conference. A pre-application conference is available and i
encouraged prior to submitting an application for a project permit. '
B. Application Requirements.
1. Timing of Submittals. Concurrent with submittal of a State Environmental
Policy Act (SEPA) checklist, or concurrent with submittal of an application for projects
exempt from SEPA, a critical area report must be submitted to the city for review when
the city believes that a critical area may be present. The purpose of the report is to
determine the extent, characteristics and functions of any critical areas located on or
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potentially affected by activities on a site where regulated activities are proposed. The
report will also be used by the city to determine the appropriate critical area classification
and, if applicable, to establish appropriate buffer requirements.
2. Report Contents. Reports and studies required to be submitted by this chapter
shall contain, at a minimum, the information indicated in the provisions of this chapter
applicable to each critical area. The director may tailor the information required to reflect
the complexity of the proposal and the sensitivity of critical areas that may potentially be
present.
C. Consultant Qualifications and City Review. All reports and studies required of the
applicant by this section shall be prepared by a qualified consultant as that term is
defined in these regulations. The city may retain a qualified consultant paid for by the
applicant to review and confirm the applicant's reports, studies and plans if the following
circumstances exist:
1. The city has technical information that is unavailable to the applicant; or
2. The applicant has provided inaccurate or incomplete information on previous
proposals or proposals currently under consideration.
D. Review Process. This section is not intended to create a separate critical area
review permit for development proposals. To the extent possible, the city shall
consolidate and integrate the review and processing of critical area-related aspects of
proposals with other land use and environmental considerations and approvals. Any
permits required by separate codes or regulations, such as flood zone control permits or
shoreline substantial development permits, shall continue to be required. (Ord. 5894 § 1,
2005.)
16.10.080 Classification and rating of critical areas.
A. To promote consistent application of the standards and requirements of this
chapter, critical areas within the city of Auburn shall be rated or classified according to
their characteristics, function and value, and/or their sensitivity to disturbance.
B. Classification of critical areas shall be determined by the director based on
consideration of the following factors and in the following order:
1. Consideration of the technical reports submitted by qualified consultants in
connection with applications subject to these regulations;
2. Application of the criteria contained in these regulations; and
3. Critical areas maps maintained by the planning and community development
department.
C. Wetland Classification. Wetlands shall be designated Category I, Category II,
Category III, Category IV and as artificially created according to the criteria in this
section. Wetland classifications incorporate the Washington State Wetlands Rating
System for Western Washington (Department of Ecology, 2004, Publication No. 04-06-
025). Wetland rating categories shall be applied as the wetland exists on the date of
adoption of the rating system by the local government, as the wetland naturally changes
thereafter, or as the wetland changes in accordance with permitted activities. Wetland
rating categories shall not change due to illegal modifications.
1. "Category I wetlands" are those wetlands which meet any of the following
criteria:
a. Represent a unique or rare wetland type; or
b. Are more sensitive to disturbance than most wetlands; or
c. Are relatively undisturbed and contain ecological attributes that are
impossible to replace within a human lifetime; or
d. Are providing a high level of functions, scoring 70 points or more out of
100 (DOE Wetlands Rating System, 2004); or
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e. Are characterized as a national heritage wetland; or
f. Are characterized as a bog; or
g. Are over one acre and characterized as a mature and old-growth forested
wetland.
2. "Category II wetlands" are those wetlands which are not Category I wetlands
and which meet any of the following criteria:
a. Provide high levels of some functions, being difficult, though not
impossible to replace; or
b. Perform most functions relatively well, scoring 51 - 69 out of 100 points
(DOE Wetlands Rating System, 2004).
3. "Category III wetlands" are those wetlands that are not Category I or II
wetlands, and which meet the following criterion:
a. Provide moderate levels of functions, scoring between 30 - 50 out of 100
points (DOE Wetlands Rating System, 2004).
4. "Category IV wetlands" are those wetlands that meet the following criterion:
a. Provide low levels of functions, scoring less than 30 out of 100 points
(DOE Wetlands Rating System, 2004).
5. "Artificially created wetlands" are purposefully created landscape features,
ponds and storm water detention or retention facilities. Artificially created wetlands do
not include wetlands created as mitigation, and wetlands modified for approved land use
activities. Purposeful creation must be demonstrated to the director through
documentation, photographs, statements and/or other evidence. Artificial wetlands
intentionally created from nonwetland sites are excluded from regulation under this
section.
D. Stream Classification. Streams shall be designated Class I, Class II, Class III and
Class IV according to the criteria in this section:
1. "Class I streams" are those natural streams identified as "shorelines of the
state" under the city of Auburn shoreline master program.
2. "Class II streams" are those natural streams that are not Class I streams and
are either perennial or intermittent and have one of the following characteristics:
a. Contain fish habitat; or
b. Has significant recreational value, as determined by the director.
3. "Class III streams" are those natural streams with perennial (year-round) or
intermittent flow and do not contain fish habitat.
4. "Class IV streams" are those natural streams and drainage swales with
channel width less than two feet taken at the ordinary high water mark, that do not
contain fish habitat.
5. "Intentionally created streams" are those manmade streams defined as such in
these regulations, and do not include streams created as mitigation. Purposeful creation
must be demonstrated through documentation, photographs, statements and/or other
evidence. Intentionally created streams may include irrigation and drainage ditches,
grass-lined swales and canals. Intentionally created streams are excluded from
regulation under this section, except manmade streams that provide "critical habitat," as
designated by federal or state agencies, for salmonids.
E. Wildlife Habitat Classification. Wildlife habitat areas shall be classified as critical,
secondary or tertiary according to the criteria in this section:
1. "Critical habitat" are those habitat areas which meet any of the following
criteria:
a. The documented presence of species or habitat listed by federal or state
agencies as "endangered," "threatened," or "sensitive"; or
b. The presence of unusual nesting or resting sites such as heron rookeries;
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c. Category I wetlands, as defined in these regulations; or
d. Class I streams, as defined in these regulations.
2. "Secondary habitat" is habitat which is valuable to fish and wildlife and
supports a wide variety of species due to its undisturbed nature, a diversity of plant
species and structure, presence of water, or the area's size, location, or seasonal
importance.
3. "Tertiary habitaY" is habitat which is not classified as critical or secondary. It is
habitat which, while supporting some wildlife and performing other valuable functions,
does not currently possess essential characteristics necessary to support diverse wildlife
communities. Tertiary habitat also includes habitat which has been created purposefully
by human actions to serve other or multiple purposes, such as open space areas,
landscape amenities, and detention facilities.
F. Ground Water Protection Areas. Ground water protection areas in this chapter
correspond to water resource protection areas, which are described in the "Water
Resource Protection Report" prepared for the city by Pacific Groundwater Group,
December 2000. Water resource protection areas are based on time-related "capture
zones" also referred to as "time-of-travel zones" which are derived using a numerical
ground water flow model developed for the city and upon geologic conditions. A capture
zone is the area that supplies ground water recharge to a pumping well or a spring. A
time-related capture zone is the area that supplies ground water recharge to a pumping
well or spring within a specified period of time. The location of ground water protection
areas have been revised to include all of a parcel where capture zones include a portion
of the parcel.
Ground water protection areas have been divided into four zones as follows:
1. "Ground water protection zone 1" represents the land area overlying the one-
year time-of-travel zone of any well or spring owned by the city.
2. "Ground water protection zone 2" represents the land area in the central part
of the city beneath which the principal aquifer used by the city for water supply is
overlain by highly permeable sand and gravel deposits. These geologic conditions
provide a direct pathway for contaminants that may be released to the soil to reach the
aquifer.
3. "Ground water protection zone 3" represents the land area overlying the region
between the one-year and 10-year time-of-travel zone of any well or spring owned by the
city.
4. "Ground water protection zone 4" represents the land area within the city limits
not designated as water resource protection zones 1, 2 or 3.
G. Geologic Hazard Classifications. Geologic hazard areas shall be classified
according to the criteria in this section:
1. Critical Erosion Hazard Areas. Critical erosion hazard areas are lands or areas
underlain by soils identified by the U.S. Department of Agriculture Soil Conservation
Service (SCS), now known as the Natural Resource Conservation Service, as having
"severe" or "very severe" erosion hazards. This includes the following group of soils
when they occur on slopes of 15 percent or greater: Alderwood-Kitsap (AkF), Alderwood
gravelly sandy loam (AgD), Kitsap silt loam (KpD), Everett (EvD), and Indianola (InD).
2. Landslide Hazard Areas. Landslide hazard areas are classified as Class I,
Class 11, Class III, or Class IV as follows:
a. Class I/Low Hazard. Areas with slopes of 15 percent or less.
b. Class II/Moderate Hazard. Areas with slopes of between 15 percent and
40 percent and that are underlain by soils that consist largely of sand, gravel, or glacial
till.
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c. Class III/High Hazard. Areas with slopes between 15 percent and 40
percent that are underlain by soils consisting largely of silt and clay.
d. Class IV/Very High Hazard. Areas with slopes steeper than 15 percent
with mappable zones of emergent water (e.g., springs or ground water seepage), areas
of known (mappable) landslide deposits regardless of slope, and all areas with slopes 40
percent or greater.
3. Seismic Hazard Areas. Seismic hazard areas are lands that, due to a
combination of soil and ground water conditions, are subject to severe risk of ground
shaking, subsidence, or liquefaction of soils during earthquakes. These areas are
typically underlain by soft or loose saturated soils (such as alluvium), have a shallow
ground water table and are typically located on the floor of river valleys. (Ord. 5894 § 1,
2005.)
16.10.090 Buffer areas and setbacks.
A. General Provisions. The establishment of on-site buffers, buffer areas or setbacks
shall be required for all development proposals and activities in or adjacent to critical
areas. The purpose of the buffer shall be to protect the integrity, function, value, and
resources of the subject critical area (in the case of wetlands, streams, and/or wildlife
habitat areas), and/or to protect life, property and resources from risks associated with
development on unstable or critical lands (in the case of geologic hazard areas). Buffers
shall typically consist of an undisturbed area of native vegetation retained or established
to achieve the purpose of the buffer. No buildings or structures shall be allowed within
the buffer unless as otherwise permitted by this section. If the site has previously been
disturbed, the buffer area shall be revegetated pursuant to an approved enhancement
plan. Buffers shall be protected during construction by placement of a temporary
barricade, notice of the presence of the critical area and implementation of appropriate
erosion and sedimentation controls. Restrictive covenants or conservation easements
may be required to provide long-term preservation and protection of buffer areas.
B. Required buffer widths shall reflect the sensitivity of the particular critical area and
resource or the risks associated with development and, in those circumstances
permitted by these regulations, the type and intensity of human activity proposed to be
conducted on or near the critical area.
C. Buffers shall be measured as follows:
1. Wetland buffers - the buffer shall be measured perpendicular from the wetland
edge as delineated and marked in the field using the 1997 Washington State Wetlands
Identification and Delineation Manual;
2. Stream buffers - the buffer shall be measured from the ordinary high water
mark;
3. Geologic hazard area buffers shall be required for critical landslide hazard
areas and shall be measured from the top and toe and along the sides of the slope.
E. Buffer widths shall be established for specific critical areas according to the
following standards and criteria:
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Auburn Shoreline Master Program
1. Wetland buffers shall be established as follows:
Mazirtium Bufter '
'Width
1Netland.., Minim ym'(see subsection Category.:; BufferWidth (E)(1) (g) of this.
' secti;an) Category I 100 feet 200 feet
Category II 50 feet 100 feet
Category III 25 feet 50 feet
Category IV 25 feet 30 feet
Different buffer width requirements may apply to various portions of a site,
without requiring averaging or variances, based on the site plan, the intensity of land
uses in various locations, and differences in the category of wetland.
a. Buffer width averaging may be allowed where the applicant demonstrates
to the director that the wetland contains variations in sensitivity due to existing physical
characteristics, that lower intensity land uses would be located adjacent to areas where
buffer width is reduced, that width averaging will not adversely impact the wetland
functional values and/or that the total area contained within the buffer after averaging is
no less in area than contained within the standard buffer prior to averaging. Buffer width
averaging may be allowed only where such reduction shall not result in greater than a 35
percent reduction in the buffer width established in this section and the applicant
demonstrates the following:
i. The proposed buffer area is extensively vegetated and has less than
25 percent slopes, and the reduction will not result in adverse impacts to the wetland; or
ii. The project includes a buffer enhancement plan, as part of the
mitigation required by this chapter and has less than 25 percent slopes. The buffer
enhancement plan shall use plant species which are native to the project area, and shall
substantiate that an enhanced buffer will improve the functional attributes of the buffer to
provide additional protection for wetland functional values; or
iii. The acreage included in the buffer would substantially exceed the
size of the wetland and the reduction will not result in adverse impacts to the wetland
and the project includes a buffer enhancement plan which ensures that the reduction wilt
not result in adverse impacts to the wetland.
b. Buffer width may be reduced by up to 35 percent if an applicant
undertakes measures approved by the director to enhance or restore the buffer. The
restoration or enhancement may include, but is not limited to, planting of native trees or
shrubs, increasing the diversity of plant cover types or replacement of exotic species
with native species which approximate in composition a naturally occurring plant
community.
c. Application of subsections (E)(1)(a) and (b) of this section shall not result
in a buffer width less than 25 feet.
d. Certain uses and activities which are consistent with the purpose and
function of the wetland buffer and do not detract from its integrity may be permitted by
the director within the buffer depending on the sensitivity of the wetland. Examples of
uses and activities with minimal impacts which may be permitted in appropriate cases
include permeable pedestrian trails, viewing platforms, and utility easements; provided,
that any impacts to the buffer resulting from such permitted activities shall be mitigated.
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Uses permitted within the buffer shall generally be located as far from the wetland as
possible.
e. Where existing buffers are degraded, the director may allow limited filling
within the buffer when the applicant demonstrates that the buffer wilt be enhanced
according to standards of this chapter, including appropriate soil preparation, will not
result in slopes exceeding 25 percent, and there will be no net loss of wetland or buffer
functions and values.
f. Long-term protection of a regulated wetland and its associated buffer shall
be provided by one of the following methods. It shall be placed in a separate tract on
which development is prohibited, protected by execution of an easement dedicated to
the city, a conservation organization or land trust, or similarly preserved through a
permanent protective mechanism acceptable to the city. The location and limitations
associated with the wetland and its buffer shall be shown on the face of the deed or plat
applicable to the property and shall be recorded with the King or Pierce County
recording department.
g. The director may require increased buffer widths up to the amount in this
column when a larger buffer is deemed necessary to protect wetland functions and
values based on site conditions, site design, intensity and operational characteristics of
the development/land use. Examples where increased buffers may be required include,
but are not limited to, where a larger buffer is necessary to maintain viable populations of
species listed as endangered, threatened or sensitive, or when land adjacent to the
buffer is susceptible to severe erosion and erosion control measures are inadequate to
effectively prevent adverse wetland impacts.
2. Stream buffers shall be established as follows:
; Minim.urn 'Buffer
Stream Class . Width
Class I 100 feet
(see subsection (E)(2)(b) of this section)
Class II 75 feet
Class III 25 feet
Class IV 25 feet
a. The applicable minimum buffer for Class I streams shall be the larger of
the buffer established by these regulations or that established by the city's shoreline
master program.
b. The buffer widths required in this section may be increased by the
director up to a maximum of 50 percent for Class I, II and IV streams and up to 100
percent for Class III streams in response to site-specific conditions and based on the
report information submitted to characterize the functions and values of the stream. This
includes, but is not limited to, situations where the critical area serves as habitat for
threatened, endangered or sensitive species. The applicant may propose to implement
one or more enhancement measures, listed in order of preference below, which will be
considered in establishing buffer requirements:
i. Removal of fish barriers to restore accessibility to anadromous fish.
ii. Enhancement of fish habitat using log structures incorporated as part
of a fish habitat enhancement plan.
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iii. Enhancement of wildlife habitat by adding structures that are likely to
be used by wildlife, including wood duck houses, bat boxes, nesting platforms, snags,
root wads/stumps, birdhouses, and heron nesting areas.
iv. Additional mitigating measures may include but are not limited to:
(A) Landscaping outside the buffer area with native vegetation or a
reduction in the amount of clearing outside the buffer area;
(B) Planting native vegetation within the buffer area, especially
vegetation that would increase value for fish and wildlife, increase stream bank or slope
stability, improve water quality, or provide aesthetic/recreational value;
(C) Creating a surface channel where a stream was previously
culverted or piped;
(D) Removing or modifying existing stream culverts (such as at road
crossings) to improve fish passage and flow capabilities which are not detrimental to
fish;
(E) Upgrading retention/detention facilities or other drainage facilities
beyond required levels; or
(F) Similar measures determined applicable by the director.
c. No structures or improvements shall be permitted within the stream buffer
area, including buildings, decks, docks, except as otherwise permitted or required under
the city's adopted shoreline master program, or under one of the following
circumstances:
i. When the improvements are part of an approved enhancement,
restoration or mitigation plan; or
ii. For construction of new public roads and utilities, and accessory
structures, when no feasible alternative location exists; or
iii. Construction of foot trails, according to the following criteria:
(A) Designed to minimize impact of permeable materials;
(B) Designed to minimize impact on the stream system;
(C) Of a maximum width of 12 feet;
(D) Located within the outer half of the buffer, i.e., the portion of the
buffer that is farther away from the stream; or
iv. Construction of footbridges; or
v. Construction of educational facilities, such as viewing platforms and
informational signs.
d. Buffer width averaging may be allowed for Class II and Class I I I streams
only; provided, that all of the following are demonstrated by the applicant:
i. One or more of the enhancement measures identified in subsection
(E)(2)(b)(i) through (iv) of this section is implemented;
ii. The total area contained within the buffer after averaging is no less in
area than contained within the standard buffer prior to averaging;
iii. The buffer width averaging will result in stream functions and values
equal or greater than before averaging; and
iv. The buffer width is not reduced by more than 35 percent in any
location than the buffer widths established by this chapter.
e. Stream buffer widths may be reduced by the director on a case-by-case
basis by up to 35 percent if an applicant demonstrates that a reduction will not result in
any adverse impact to the stream. Further, if an existing buffer is vegetated, a buffer
enhancement plan may be required to demonstrate how the function and values of the
buffer and stream will be improved. If the existing buffer has been disturbed and/or is not
vegetated, an enhancement plan shall be required that identifies measures to enhance
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Auburn Shoreline Master Program
the buffer functions and values and provide additional protection for the stream function
and values. Enhancement plans are subject to approval by the planning director.
f. Long-term protection of a regulated stream and its associated buffer shall
be provided by one of the following methods, except for the portion of Class I streams
which are owned by the State Department of Natural Resources. The stream and buffer
shall be placed in a separate tract on which development is prohibited, protected by
execution of an easement dedicated to the city, a conservation organization, land trust,
or similarly preserved through a permanent protective mechanism acceptable to the city.
The location and limitations associated with the stream and its buffer shall be shown on
the face of the deed or plat applicable to the property and shall be recorded with the
King or Pierce County recording department.
3. Wildlife Habitat Areas.
a. Buffer widths for critical habitat areas shall be determined by the director
based on consideration of the following factors: species recommendations of the
Department of Fish and Wildlife; recommendations contained in the wildlife report and
the nature and intensity of land uses and activities occurring on the site and on adjacent
sites. Buffers shall not be required for secondary or tertiary habitat.
b. Buffer widths for critical habitat areas may be modified by averaging
buffer widths or by enhancing or restoring buffer quality.
c. Certain uses and activities which are consistent with the purpose and
function of the buffer for critical habitat areas and do not detract from its integrity may be
permitted by the director within the buffer depending on the sensitivity of the habitat
area. Examples of uses and activities with minimal impact which may be permitted in
appropriate cases include permeable pedestrian trails and viewing platforms and utility
easements; provided, that any impacts to the buffer resulting from permitted facilities
shall be mitigated. When permitted, such facilities shall generally be located as far from
the critical habitat area as possible.
d. Long-term protection of critical habitat areas and their associated
buffer(s) shall be provided by one of the following methods. The critical habitat area and
buffer(s) shall be placed in a separate tract on which development is prohibited,
protected by execution of an easement, dedicated to the city, a conservation
organization, land trust, or similarly preserved through a permanent protective
mechanism acceptable to the city. The location and limitations associated with the
critical habitat area and its buffer(s) shall be shown on the face of the deed or plat
applicable to the property and shall be recorded with the King or Pierce County
recording department.
4. Geologic Hazard Areas.
a. Required buffer widths for geologic hazard areas shall reflect the
sensitivity of the geologic hazard area in question and the types and the risks associated
with development and, in those circumstances permitted by these regulations, the type
and intensity of human activity and site design proposed to be conducted on or near the
area.
b. Required buffers may vary in width. The widths of the buffer shall reflect
the sensitivity of the geologic hazard area in question and the types and density of uses
proposed on or adjacent to the geologic hazard. In determining the appropriate buffer
width, the director shall consider the recommendations contained in any geologic
hazards report required by these regulations and prepared by a qualified consultant.
c. Buffers may be reduced to a minimum width of 15 feet when the applicant
demonstrates through the geologic hazard report that the reduction will adequately
protect the geologic hazard and the proposed development through use of proposed
engineering techniques. (Ord. 5894 § 1, 2005.)
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Auburn Shoreline Master Program
16.10.100 Alteration or development of critical areas - Standards and criteria.
Alteration of specific critical areas and/or their buffers may be allowed by the director
subject to the criteria of this section. Alteration shall implement the mitigation standards
as identified in 16.10.110, and the performance standards of 16.10.120 and the
monitoring requirements of 16.10.130.
A. Wetlands.
1. Category I Wetlands. Alterations of Category I wetlands shall be avoided.
2. Category II Wetlands.
a. Alteration and mitigation shall comply with the mitigation performance
standards and requirements of these regulations;
b. Where enhancement, restoration or creation is proposed, replacement
ratios shall comply with the requirements of these regulations; and
c. No net loss of wetland functions and values may occur.
3. Category I I I and IV Wetlands.
a. Alteration and mitigation shall comply with the mitigation performance
standards and requirements of these regulations;
b. Where enhancement, restoration or creation is proposed, replacement
ratios shall comply with the requirements of these regulations; and
c. No net loss of wetland functions and values may occur.
B. Streams.
1. Relocation of a Class II, III and IV stream exclusively to facilitate general site
design shall not be allowed. Relocation of a stream may take place only when it is part of
an approved mitigation or enhancement/restoration plan, and will result in equal or better
habitat and water quality, and will not diminish the flow capacity of the stream.
2. Bridges shall be used to cross Class I streams; boring/micro-tunneling may be
considered for utility crossings if it would result in the same or lower impacts as bridging.
3. Culverts are allowable only under the following circumstances:
a. Only in Class II, III, and IV streams;
b. When fish passage will not be impaired;
c. When the following design criteria are met:
i. Oversized culverts will be installed;
ii. Culverts will include gradient controls and creation of pools within the
culvert for Class II streams;
iii. Gravel substrate will be placed in the bottom of the culvert to a
minimum depth of one foot for Class II and Class III streams;
d. The applicant or successors shall, at all times, keep any culvert free of
debris and sediment to allow free passage of water and, if applicable, fish.
4. The city may require that an existing culvert be removed from a stream as a
condition of approval, unless the culvert is not detrimental to fish habitat or water quality,
or removal would be a long-term detriment to fish or wildlife habitat or water quality.
C. Wildlife Habitat.
1. Critical Habitat. Alterations of critical habitat shall be avoided.
2. Secondary Habitat. Alterations of secondary habitat may be permitted;
provided, that the applicant mitigates adverse impacts consistent with the performance
standards of 16.10.120, and other requirements of this chapter.
3. Tertiary Habitat. Alterations of tertiary habitat are permitted consistent with
applicable provisions of these regulations and provided that no other regulated critical
area is present.
D. Ground Water Protection Areas. Requests to establish the following land uses and
activities applied for on or after the effective date of the ordinance codified in this chapter
shall be prohibited in ground water protection zones 1, 2, and 3:
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Auburn Shoreline Master Program
1. Class V injection wells that inject industrial, municipal, or commercial waste
fluids (as defined in WAC 173-218-030);
2. Surface impoundments for treating, storing and disposing of dangerous waste
(as defined in WAC 173-303-040 and 173-304-100);
3. Waste piles for treating or storing solid waste (as defined in WAC 173-303-
040, 173-303-660 and 173-304-420);
4. Hazardous waste treatment, storage, and disposal (as defined in WAC 173-
303-040);
5. All types of solid waste landfills (as defined in WAC 173-304-100);
6. On-site sewage systems (as defined in WAC 246-272-01001) except as
related to R-R, rural residential zoned properties;
7. Recycling facilities that accept, store, or use hazardous materials;
8. Underground storage of hazardous materials excluding the underground
storage of petroleum and other regulated substances as regulated by Chapter 173-360
WAC;
9. Use, storage, treatment, or production of perchlorethylene (PCE), other than in
closed-loop systems that do not involve any discharge of PCE;
10. Petroleum refining, reprocessing, and storage;
11. Petroleum-product pipelines not associated with underground storage of
petroleum and other regulated substances as regulated by Chapter 173-360 WAC; and
12. Storage or distribution of gasoline treated with the additive methyl tertiary
butyl ether (MTBE).
E. Geologic Hazard Areas.
1. General Standards. The city may approve, condition or deny proposals for the
alteration of geologic hazard areas, as appropriate, based on the degree to which the
significant risks posed by critical hazard areas to public and private property and to
public health and safety can be mitigated. The objective of mitigation measures shall be
to render a site containing a critical geologic hazard as safe as one not containing such
hazard or one characterized by a low hazard. In appropriate cases, conditions may
include limitations of proposed uses, modification of density, alteration of site layout and
other appropriate changes to the proposal. Where potential impacts cannot be effectively
mitigated or where the risk to public health, safety and welfare, public or private property,
or important natural resources is significant notwithstanding mitigation, the proposal shall
be denied.
2. Specific Standards.
a. Class IV Landslide Hazard Areas. Alteration shall be prohibited.
b. Critical Seismic Hazard Areas.
i. For one-story and two-story residential structures, the applicant shall
conduct an evaluation of site response and liquefaction potential based on the
performance of similar structures under similar foundation conditions; or
ii. For all other proposals, the applicant shall conduct an evaluation of
site response and liquefaction potential including sufficient subsurface exploration to
provide a site coefficient (S) for use in the static lateral force procedure described in the
International Building Code.
c. When development is permitted in geologic hazard areas by these
regulations, an applicant and/or its qualified consultant shall provide assurances which,
at the city's discretion, may include one or more of the following:
i. A letter from the geotechnical engineer and/or geologist who
prepared the geologic hazard report required by these regulations, stating that the risk of
damage from the proposal, both on-site and off-site, are minimal subject to the
conditions set forth in the report, that the proposal will not increase the risk of occurrence
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Auburn Shoreline Master Program
of the potential geologic hazard, and that measures to eliminate or reduce risks have
been incorporated into its recommendations;
ii. A letter from the applicant, or the owner of the property if not the
applicant, stating its understanding and acceptance of any risk of injury or damage
associated with development of the site and agreeing to notify any future purchasers of
the site, portions of the site, or structures located on the site of the geologic hazard;
iii. A legally enforceable hold harmless agreement, which shall be
recorded as a covenant and noted on the face of the deed or plat, and executed in a
form satisfactory to the city, acknowledging that the site is located in a geologic hazard
area; the risks associated with development of such site; and a waiver and release of
any and all claims of the owner(s), their directors, employees, or successors, or assigns
against the city of Auburn for any loss, damage, or injury, whether direct or indirect,
arising out of issuance of development permits for the proposal; and
iv. Posting of a bond, guarantee or other assurance device approved
by the city to cover the cost of monitoring, maintenance and any necessary corrective
actions.
F. Flood Hazard Areas. Development standards are defined by Chapter 15.68 ACC.
(Ord. 5894 § 1, 2005.)
16.10.110 Mitigation standards, criteria and plan requirements.
A. Mitigation Standards. Adverse impacts to critical area functions and values shall be
mitigated. Mitigation actions shall generally be implemented in the preferred sequence
identified in this chapter. Proposals which include less preferred and/or compensatory
mitigation shall demonstrate that:
1. All feasible and reasonable measures as determined by the department have
been taken to reduce impacts and losses to the critical area, or to avoid impacts where
avoidance is required by these regulations;
2. The restored, created or enhanced critical area or buffer will be as viable and
enduring as the critical area or buffer area it replaces; and
3. No overall net loss will occur in wetland or stream functions and values. The
mitigation shall be functionally equivalent to or greater than the altered wetland or
stream in terms of hydrological, biological, physical, and chemical functions.
B. Location and Timing of Mitigation.
1. The preferred location of mitigation is on-site. Mitigation may be allowed off-
site only when it is determined by the department that on-site mitigation is not
scientifically feasible or practical due to physical features of the property, or, in the case
of wetlands, where the affected site is identified as appropriate for off-site mitigation in
the Mill Creek Special Area Management Plan (SAMP), April 2000. The burden of proof
shall be on the applicant to demonstrate that mitigation cannot be provided on-site or is
consistent with the SAMP. When mitigation cannot be provided on-site, mitigation shall
be provided in the same drainage basin as the permitted activity on property owned,
secured, or controlled by the applicant where such mitigation is practical and beneficial
to the critical area and associated resources. Mitigation sites shall be located within the
city.
2. In-kind mitigation shall be provided except when the applicant demonstrates,
and the department concurs, that greater functional and habitat value can be achieved
through out-of-kind mitigation.
. 3. When wetland, stream or habitat mitigation is permitted by these regulations,
the mitigation project shall occur near an adequate water supply (river, stream, ground
water) with a hydrologic connection to the critical area to ensure a successful mitigation
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or restoration. A natural hydrologic connection is preferential as compared to one which
relies upon manmade or constructed features requiring routine maintenance.
4. Any mitigation plan shall be completed before initiation of other permitted
activities, unless a phased or concurrent schedule that assures completion prior to
occupancy has been approved by the department.
C. Wetland Replacement Ratios.
1. Where wetland alterations are permitted by the director, the applicant shall
enhance or create areas of wetlands in order to compensate for wetland losses. The
compensation shall be determined according to acreage, function, type, location, timing
factors and projected success of enhancement or creation.
2. The following acreage replacement and enhancement ratios shall be
implemented, however, the department may vary these standards if the applicant can
demonstrate and the director agrees that the variation will provide adequate
compensation for lost wetland area, functions and values, or if other circumstances as
determined by the director justify the variation. Except as provided for Category IV
wetlands in subsection (C)(3) of this section, in no case shall the amount of mitigation be
less than the area of affected wetland. The director may at his discretion increase these
standards where mitigation is to occur off-site or in other appropriate circumstances.
3. Category IV wetlands can either be mitigated by either: (a) meeting one of the
replacement ratios (*see following table); or (b) implementing mitigation which ensures
no net loss of values and functions of the larger ecosystem in which the critical area is
located.
INe#land Wetiand'Greatinn Ratid W€tland,
Category (Acres) Enhancement
Ratio (,4cr~s) '
(Acres Created or Enhanced: Acres Impacted)
Category I 6:1 12:1
Category II Forested 3:1 6:1
Scrub/Shrub 2:1 4:1
Emergent 2:1 4:1
Category III Forested 3:1 6:1
Scrub/Shrub 2:1 4:1
Emergent 2:1 4:1
Category IV* 1.25:1 * 2.5:1 *
(Ord. 5894 § 1, 2005.)
16.10.120 Performance standards for mitigation planning.
The performance standards in this section shall be incorporated into mitigation plans
submitted to the city for impacts to critical areas.
A. Wetlands and Streams.
1. Use plants native to the Puget Lowlands or Pacific Northwest ecoregion; non-
native, introduced plants or plants listed by the Washington State Department of
Agriculture as noxious weeds (Chapter 16-750 WAC) shall not be used;
2. Use plants adapted to and appropriate for the proposed habitats and consider
the ecological conditions known or expected to be present on the site. For example,
plants assigned a facultative wetland (FACW) wetland indicator status should be used
for sites with soils that are inundated or saturated for long periods during the growing
season. Use nearby reference wetlands or aerial photos to identify plants suitable to the
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site conditions and hydrologic regimes planned for the mitigation site. Avoid planting
significant areas of the site with species that have questionable potential for successful
establishment, such as species with a narrow range of habitat tolerances;
3. Utilize plant species' heterogeneity and structural diversity that emulates
native plant communities described in "Natural Vegetation of Oregon and Washington"
(Franklin, J.F. and C.T. Dyrness, 1988) or other regionally recognized publications on
native landscapes;
4. Specify plants that are commercially available from native-plant nurseries or
available from local sources. If collecting some or all native plants from donor sites,
collect in accordance with ecologically accepted methods, such as those described in
the "Washington Native Plant Society's Policy on Collection and Sale of Native Plants,"
that do not jeopardize the survival or integrity of donor plant populations;
5. Use perennial plants in preference to annual species; the use of annuals
species should be limited to a temporary basis in order to provide erosion control,
support the establishment of perennial plants, or if mitigation monitoring determines that
native plants are not naturally colonizing the site or if species diversity is unacceptably
low compared to approved performance standards;
6. Use plant species high in food and cover value for native fish and wildlife
species that are known or likely to use the mitigation site (according to reference
wetlands, published information, and professional judgment);
7. Install a temporary irrigation system and specify an irrigation schedule unless
a sufficient naturally-occurring source of water is demonstrated;
8. Identify methods of soil preparation. For stream substrate or wetland soils, at
least one foot of clean inorganic and/or organic materials, such as cobble, gravel, sand,
silt, clay, muck, soil, or peat, as appropriate, shall be ensured. The stream substrate or
wetland soils shall be free from solid, dangerous, or hazardous substance as defined by
Chapter 70.105 RCW and implementing rules;
9. Confine temporary stockpiling of soils to upland areas. Identify construction
access routes and measures to avoid resultant soil compaction. Unless otherwise
approved by the director, comply with all applicable best management practices for
clearing, grading, and erosion control to protect any nearby surface waters from
sediment and turbidity;
10. Show densities and placement of plants; these should be based on the
ecological tolerances of species proposed for planting, as determined by a qualified
consultant;
11. Provide sufficient specifications and instructions to ensure proper placement
and spacing of seeds, tubers, bulbs, rhizomes, springs, plugs and transplanted stock,
and other habitat features, and to provide a high probability of success, and to reduce
the likelihood of prolonged losses of wetland functions from proposed development;
12. Do not rely on fertilizers and herbicides to promote establishment of
plantings; if fertilizers are used, they must be applied per manufacturer specifications to
planting holes in organic or controlled release forms, and never broadcast on the ground
surface; if herbicides are used to control invasive species or noxious weeds and to help
achieve performance standards, only those approved for use in aquatic ecosystems by
the Washington Department of Ecology shall be used; herbicides shall only be used in
conformance with all applicable laws and regulations and be applied per manufacturer
specifications by an applicator licensed in the state of Washington; and
13. Include the applicant's mitigation plan consultant in the construction process
to ensure the approved mitigation plan is completed as designed. At a minimum, the
consultanYs participation will include site visits to inspect completed rough and final
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grading, installation of in-water or other habitat structures, and to verify the quality and
quantity of native plant materials before and after installation;
14. Signs and Fencing of Wetlands and Streams Critical Areas.
a. Temporary Markers. The outer perimeter of the critical area or buffer and
the limits of those areas to be disturbed pursuant to an approved permit or authorization
shall be marked in the field in such a way as to ensure that no unauthorized intrusion will
occur, and verified by the department prior to the commencement of authorized
activities. This temporary marking shall be maintained throughout construction, and shall
not be removed until permanent signs, if required, are in place.
b. Permanent Signs. As a condition of any permit or authorization issued
pursuant to this chapter, the department may require the applicant to install permanent
signs along the boundary of a critical area or buffer. Permanent signs shall be made of
metal face and attached to a metal post, firmed anchored, or other materials of equal
durability approved by the director. Signs must be posted at an interval of one per lot or
every 50 feet, whichever is less, and must be maintained by the property owner in
perpetuity. The sign shall be worded as follows or with alternative language approved by
the director:
"Habitat Conservation Area"
Do Not Disturb
Contact the City of Auburn Planning Department regarding uses and restrictions
c. Fencing.
i. The director shall condition any permit or authorization issued
pursuant to this chapter to require the application to install a permanent fence at the
edge of the critical area or buffer, when fencing will prevent future impacts on the critical
area.
ii. The applicant shall be required to install a permanent fence around
the critical area or buffer when domestic grazing animals are present or may be
introduced on-site.
iii. Fencing installed as part of a proposed activity or as required in this
subsection shall be designed so as to not interfere with species migration, including fish
runs, and shall be constructed in a manner that minimizes habitat impacts.
B. Wetlands. Do not exceed a maximum water depth of 6.6 feet (two meters) at mean
low water unless approved as part of a planned interspersion of wetland vegetation
classes and deep-water habitats.
1. Do not exceed a slope of 25 percent (4H:1V) in the wetland unless it can be
clearly demonstrated by supporting documentation that wetland hydrology and hydric
soils capable of supporting hydrophytic (wetland) vegetation will be created on steeper
slopes;
2. Do not exceed a slope of 25 percent (4H:1 V) in the wetland buffer; and
3. Limit deep-water habitat (greater than 6.6 feet at mean low water) in
compensatory wetland to no more than 60 percent of the total area, and approach this
limit only when deep-water habitat is highly interspersed with wetland vegetation I
classes, including aquatic bed, emergent, scrub-shrub, and forested.
C. Wildlife Habitat Conservation Areas. '
1. Incorporate relevant performance standards from subsections A and B of this ~
section, as determined by the director;
2. Include the following additional mitigation measures in mitigation planning:
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a. Locate buildings and structures in a manner that minimizes adverse
impacts on critical habitats used by threatened or endangered species and identified by
the Washington State Department of Fish and Wildlife, NOAA Fisheries, and U.S. Fish -
and Wildlife Service;
b. Integrate retained habitat into open space and landscaping;
c. Wherever possible, consolidate critical habitats into larger, unfragmented,
contiguous blocks;
d. Use native plant species for landscaping of disturbed or undeveloped
areas and in any habitat enhancement or restoration activities;
e. Create habitat heterogeneity and structural diversity that emulates native
plant communities described in Natural Vegetation of Oregon and Washington (Franklin,
J.F. and C.T. Dyrness, 1988) or other regionally recognized publications on native
landscapes;
f. Remove and/or control any noxious weeds or exotic animals which are
problematic to the critical habitat area as determined by the director or consultant hired
by the city to review the mitigation plan; and
g. Preserve significant or existing native trees, preferably in stands or
groups, consistent with achieving the goals and standards of this chapter; the plan shall
reflect the report prepared pursuant to 16.10.070.
D. Geologic Hazard Areas.
1. Incorporate relevant performance standards from the preceding subsections,
as determined by the director;
2. The following additional performance standards shall be reflected in proposals
within geologic hazard areas:
a. A geologic hazard report shall be prepared to identify and evaluate
potential hazards and to formulate mitigation measures;
b. Construction methods will not adversely affect geologic hazards or will
reduce adverse impacts on geologic hazards;
c. Site planning shall minimize disruption of existing topography and natural
vegetation;
d. Impervious surFace coverage shall be minimized;
e. Disturbed areas shall be replanted with permanent vegetation as soon as
feasible pursuant to a mitigation or landscape plan;
f. Clearing and grading shall be limited to between April 1st and October
31st unless the geologic hazard report specifically addresses measures necessary to
perform clearing and grading during other portions of the year;
g. The limited use of retaining walls that minimize disturbance or alteration
of existing natural slope areas are preferred over graded slopes;
h. Temporary erosion and sedimentation controls, pursuant to an approved
plan, shall be implemented during construction;
i. A drainage plan shall be prepared for large projects as required by the city
engineer;
j. Development shall not increase instability or create a hazard to the site or
adjacent properties, or result in a significant increase in sedimentation or erosion.
E. Ground Water Protection Areas. A mitigation plan is required of all development
except an individual single-family or two-family (duplex) dwelling unit. The mitigation
plans shall include the following minimum measures and incorporate the appropriate
responses.
1. Ground Water Protection Zones 1, 2 and 3.
a. Indicate how hazardous materials shall be stored and used such that any
unauthorized release or discharge of the hazardous materials is prevented.
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b. Specify that pesticides, herbicides, and fertilizers shall be applied in strict
conformance with manufacturer's instructions and by persons licensed to perform such
applications, if applicable.
c. Document hazardous materials management procedures, including, but
not limited to, operations plans, drawings and as-built diagrams, emergency response
and spill cleanup plans, and employee training documentation. This information can be
provided in the form of copies of permits or other documentation required by other
authorities.
d. Indicate that any fill material shall be documented to be free of
contaminants that exceed Method A and Method B soil cleanup standards specified in
Chapter 173-340 WAC prior to placement on the ground, if applicable.
e. Specify that any contaminant release reported to the Washington State
Department of Ecology (Ecology) per Chapter 173-340 WAC shall also be reported to
the city of Auburn public works department concurrent with notification of Ecology.
f. Include a provision that the mitigation plan will be kept up-to-date.
Updates shall occur whenever there is a change in use or business occupancy or when
there are significant changes in facility operations or hazardous materials management.
A copy of the plan is to be available for review by city inspectors at the business or
businesses within the development. The plan should cover the facility site in general as
well as have a section(s) specific to any tenants within the development.
2. Ground Water Protection Zone 4. Business owners shall implement best
management practices for water resource protection. (Ord. 5894 § 1, 2005.)
16.10.130 Monitoring program and contingency plan.
A. For all actions requiring a mitigation plan, a monitoring program shall be prepared
and implemented by the applicant to evaluate the success of the mitigation project and
to determine necessary corrective actions. This program shall determine if the original
goals and objectives are being met. The monitoring program shall be reviewed and
approved by the city prior to implementation. The monitoring program shall include a
contingency plan in the event that implementation of the mitigation plan is inadequate or
fails.
B. A performance and maintenance security is required to ensure the applicant's
compliance with the terms of the approved mitigation plan. The amount of the
performance security shall equal 125 percent of the cost of the mitigation project for the
length of the monitoring period; the director may agree to reduce the security in
proportion to work successfully completed over the period of the security.
C. Incorporate the following into monitoring programs prepared to comply with this
chapter:
1. Appropriate, accepted, and unbiased qualitative or precise and accurate
quantitative sampling methods to evaluate the success or failure of the project compared
to performance standards approved by the city;
2. Quantitative sampling methods that include permanent photopoints installed at
the completion of construction and maintained throughout the monitoring period and
shall also include permanent transects, sampling points (e.g., quadrants or water quality
or quantity monitoring stations), and wildlife monitoring stations;
3. Clearly stipulated qualitative and quantitative sampling methods that are
approved by the city before implementation by the project proponent;
4. Appropriate qualitative and/or quantitative performance standards that will be
used to measure the success or failure of the mitigation. For wetlands, streams and
habitat areas these will include, at a minimum, standards for plant survival and diversity,
including structural diversity, the extent of wetland hydrology, hydric soils, and habitat
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types and requirements as appropriate; all proposed standards are subject to review and
approval by the city or the consultant selected by the city to review the monitoring plan;
5. Monitoring programs for a minimum period of three years for buffer
enhancement and a minimum of five years for other types of mitigation programs that
include, at a minimum, preparation of an as-built plan; biannual monitoring and
preparation of annual monitoring reports following implementation; and a maintenance
plan. More stringent monitoring requirements may be required on a case-by-case basis
for more complex mitigation plans;
6. Monitoring reports shall be submitted to the director by December 1st of the
year in which monitoring is conducted. The reports are to be prepared by a qualified
consultant and must contain all qualitative and quantitative monitoring data,
photographs, and an evaluation of each of the applicable performance standards. If
performance standards are not being met, appropriate corrective or contingency
measures must be identified and communicated to the director and upon concurrence,
implemented to ensure that performance standards will be met;
7. Provision for the extension of the monitoring period beyond the minimum
timeframe if performance standards are not being met at the end of the initial five-year
period; and provision for additional financial securities or bonding to ensure that any
additional monitoring and contingencies are completed to ensure the success of the
mitigation. (Ord. 5894 § 1, 2005.)
16.10.140 Procedural provisions.
A. Interpretation and Conflicts. The director shall have the authority to administer the
provisions of this chapter, to make determinations with regard to the applicability of the
regulations, to interpret the intent of unclear provisions, to require additional information,
to determine the level of detail and appropriate methodologies for critical area reports
and studies, to prepare application forms and informational materials as required, and to
promulgate procedures and rules for unique circumstances not anticipated within
standards and procedures contained in this section. Administrative interpretations may
be appealed to the hearing examiner as prescribed in ACC 18.70.050.
B. Penalties and Enforcement. Compliance with these regulations and penalties for.
their violation shall be enforced pursuant to the procedures set forth in Chapter 1.25
ACC.
C. Appeals from Critical Area Review Decisions. Appeals of critical area review
decisions shall be governed by the procedures set forth in ACC 18.70.050. (Ord. 5894
§ 1, 2005.)
16.10.180 Severability.
If any provision of these regulations or its application to any person or circumstance is
held invalid by a court of competent jurisdiction, the remainder of these regulations or
the application to other persons or circumstances shall not be affected. (Ord. 5894 § 1,
2005.)
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Appendix B
ACC Chapter 18.54 Nonconforming
Structures, Land and Uses
Auburn Shoreline Master Program
Chapter 18.54
NONCONFORMING STRUCTURES,
LAND AND USES
Sections:
18.54.010 I ntent.
18.54.020 Continuance of nonconforming structures and uses.
18.54.030 Use of nonconforming land.
18.54.040 Nonconforming signs.
18.54.050 Changes of use, tenancy, ownership or management.
18.54.060 Maintenance, damage repairs and restorations, additions, enlargements,
moving or relocation of nonconforming structures, and residential
structures.
18.54.070 Abatement of nonconforming structures and uses.
18.54.080 Amortization and abatement of outdoor storage.
18.54.010 Intent.
Amendments over time to regulatory authority provided within this title may result in
structures, land and uses which no longer conform with the provisions set forth for the
district in which they are situated. Therefore it is the intent of this chapter to allow for the
continuance and maintenance of legally established nonconforming uses subject to
standards and provisions prescribed within this chapter. (Ord. 4229 § 2, 1987.)
18.54.020 Continuance of nonconforming structures and uses.
Any nonconforming structure or use lawfully existing on the effective date of this title,
or any subsequent amendments to this title, may be continued and maintained in
conformance with provisions of this chapter, provided no enlargement of area, space or
volume occupied by the nonconforming use occurs. Any nonconforming structure
authorized by a valid building permit prior to the effective date of the ordinance codified
in this title, or any subsequent amendments to this title, may be completed and used in
accordance with the plans, specifications and regulations under which such permit was
issued. Expiration of authorized permits will result in a loss of vested right for
construction and use of such structure. (Ord. 4229 § 2, 1987.)
18.54.030 Use of nonconforming land.
If any parcel of land with a minimum lot size or lot dimension which is less than that
prescribed for by the district in which such parcel is located, was subdivided into lots
according to a plat of record on or before the effective date of the ordinance codified in
this title, or any subsequent amendments to this title, then the fact that the parcel of land
does not meet the minimum lot size or lot dimension requirements as set forth in this title
shall not prohibit the property from being utilized; provided, that all other regulations,
prescribed for that district by this title are complied with, except as provided for in ACC
18.48.040(A). (Ord. 4229 § 2, 1987.)
18.54.040 Nonconforming signs.
Nonconforming signs shall be subject to provisions of Chapter 18.56 ACC. (Ord. 4229
§ 2, 1987.)
18.54.050 Changes of use, tenancy, ownership or management.
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Changes of use, tenancy, ownership or management may occur to any existing legally
established and continued nonconforming use under one or more of the following
circumstances:
A. Any part of a structure occupied by an existing legally established and continued
nonconforming use may be changed to a use which, in the opinion of the planning
director, is of the same or of a more restrictive nature. When the use of a nonconforming
structure is hereafter changed to a more restrictive use, the structure shall not thereafter
be used for a less restrictive use.
B. There may be a change of tenancy, ownership or management of any existing
legally established and continued nonconforming use provided there is no change in the
nature or character of such nonconforming use except as authorized within this chapter.
(Ord. 4229 § 2, 1987.)
18.54.060 Maintenance, damage repairs and restorations, additions, enlargements,
moving or relocation of nonconforming structures, and residential structures.
A. Ordinary maintenance of a nonconforming structure which includes minor interior
and exterior repairs and incidental alterations is permitted. Minor maintenance and repair
may include but is not limited to painting, roof repair and replacement, plumbing, wiring,
mechanical equipment replacement, and weatherization. Incidental alterations may
include construction of nonbearing walls or partitions.
B. No structural alterations, as defined by the Uniform Building Code, shall be made
except as required by law or ordinance; provided, that the cost of such work shall not
exceed 50 percent of the assessed valuation of such structure as established by the
most current county assessor's tax roll.
C. A nonconforming structure having been damaged or partially destroyed to an
extent not exceeding 50 percent of the assessed valuation of such structure as
established by the most current county assessor's tax roll, may be restored to its original
condition, as authorized by the city's building official, and its immediately preceding or
existing use at the time of partial destruction may be continued or resumed. Restoration
shall begin within one year and be completed within two years of the date of partial
destruction. If restoration is not started within one year, then the reuse and occupancy of
the structure shall conform to all the regulations of the district in which the use is located.
D. Structures or lands which are nonconforming as to use regulations shall not be
enlarged or intensified in any manner unless the enlargement within such structures or
lands conforms to all regulations of the district in which it is located. A nonconforming
use, within a nonconforming structure, shall not expand into any portion of the
nonconforming structure.
E. Structures which are nonconforming as to percentage of site coverage, setbacks,
building height or density shall not be enlarged unless such enlargement conforms to the
regulations of the district in which it is located.
F. Nonconforming residential structures are allowed to provide maintenance,
alterations and additions which may exceed the requirements of this chapter; provided
the total number of dwelling units does not increase and all other development standards
of the district are complied with.
G. This chapter shall not prevent the following provided the total value of the
improvements, over the lifetime of the nonconforming use, does not exceed 50 percent
of the assessed value of the nonconforming use as established by the most current
county assessor's tax roll; and, the nonconforming use or structure is not expanded
except as allowed by subsection H of this section; provided further, that any replacement
of a nonconforming structure, or parts thereof, must comply with the appropriate
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Auburn Shoreline Master Program
development standards unless a special exception is granted pursuant to ACC
18.70.020.
1. Strengthening or restoring to a safe condition any nonconforming structure or
part thereof which is declared to be unsafe or a hazard to the public by the order of a city
official charged with protecting the public safety;
2. Lessening a hazardous situation, nuisance or other adverse environmental
impact;
3. Bringing the structure or use into more conformance with this title;
4. Adapting the structure to new technologies or equipment;
5. Improvements which do not increase the intensity of the nonconforming use.
H. A nonresidential structure or use which becomes a legal nonconforming structure
or use after the effective date of the ordinance codified in this title may be permitted by
means of a special exception issued by the hearing examiner pursuant to ACC
18.70.020 to expand the existing use or structure up to 25 percent of the use or structure
existing at the time of the adoption of the ordinance codified in this title; provided further,
that the addition otherwise meets the standards of this title and other requirements of the
city.
This section does not allow the expansion of a use or structure which would be
inconsistent with a previously authorized conditional use permit, special property use
permit, contract rezone, or binding agreement between the city and the property owner.
This section also does not allow the expansion of any nonconforming hazardous
material storage.
1. When a building or structure is moved to another location it must then be made to
conform to the requirements of the district to which it is moved, unless specifically
allowed elsewhere by this title.
J. Nonconforming single-family residential homes and their accessory structures may
be replaced and the new structure shall either meet the development standards of the
district in which the home is located or the new structure shall not be more
nonconforming than the previous use. All other applicable building and fire code
requirements must be complied with. (Ord. 5170 § 1, 1998; Ord. 4705 § 2, 1994; Ord.
4304 § 1(43), 1988; Ord. 4229 § 2, 1987.)
18.54.070 Abatement of nonconforming structures and uses.
Nonconforming structures and uses shall be abated if one or more of the following
circumstances exist:
A. If a nonconforming use is discontinued and changed to a conforming use, any
future use of the structure or land shall be in conformity to the regulations of the district
in which structure or land is located;
B. Any structure or portion of a nonresidential structure, or parcel of land occupied by
a nonconforming use which becomes vacant and remains unoccupied for a continuous
period of 180 days shall not thereafter be occupied except by a use which conforms to
the use regulations of the district in which it is located. Residential uses in commercial or
industrial zones which are unoccupied for more than 180 days may be allowed to
reoccupy if a special exception is issued pursuant to ACC 18.70.020;
C. If a nonconforming structure sustains damage or destruction which exceeds 50
percent of the current assessed valuation of the structure as established by the county
assessor's office. Reconstruction of such damaged structure or reuse of occupancy shall
conform to all regulations of the district in which it is located and it shall be treated as a
new building. This subsection shall not apply to single-family dwellings. (Ord. 5170 § 1,
1998; Ord. 4229 § 2, 1987.)
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18.54.080 Amortization and abatement of outdoor storage.
All outdoor storage yards that do not comply with the landscape and screening
requirements of Chapter 18.50 ACC which are located within an M-1 or BP zone that are
adjacent to a residential zone or are visible from a public street shall, within three years
of the adoption of this title, screen and landscape the outdoor storage pursuant to the
requirements of Chapter 18.50 ACC, or the use shall be abated. (Ord. 4229 § 2, 1987.)
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Auburn Shoreline Master Program
Appendix C
Geologic Hazard Report Submittal
Requirements
Auburn Shoreline Master Program
A geologic hazard report shall be prepared by a qualified consultant to identify and
evaluate potential hazards and to formulate mitigation measures for developments in
shoreline areas that may impact a geologic hazard critical area. The scope of a geologic
hazard report shall include the following where applicable:
1. An assessment of the geologic and hydrogeologic conditions in the vicinity of the
site. Description of types and engineering properties of the soils, sediments, and/or
rock of the subject property and potentially affected adjacent properties must be
included;
2. Description of existing site topography including determination of height of slope,
slope gradient, and preparation of a generalized cross section;
3. Description of any areas mapped as unstable (e.g. by Coastal Zone
Atlas),landslides, erosion activity or other areas of unstable soils identified visually at
the site;
4. Description of any watercourses, including drainage channels, ditches, springs and
intermittent streams;
5. An estimate of slope stability and the effect construction and placement of structures
will have on the stability of slopes. The minimum setbacks described above shall be
used. The geotechnical engineer must concur with this setback or may establish an
alternative setback based on the geology, bluff retreat rates, seismic activity and
other considerations;
6. A description of the extent and type of vegetative cover to include tree attitude;
7. A detailed description of the project including any structural development, its
relationship to geologic hazard(s) and its potential impact upon the hazard area, the
subject property, and affected adjacent properties;
8. A description of type of construction including any unusual load intensities, public
and private sewage disposal systems, fills and excavations including proposed
angles of cuts and fills;
9. Specific recommendations and/or mitigation actions must be provided regarding
proposed vegetation removal and replacement, erosion control, and locations and
methods of surface and subsurface drainage. If anchor blocks within 50 feet of the
bluff are required for storm drains over bluffs, specific recommendations regarding
setbacks and design criteria shall be included;
10. The drainage recommendations shall be site specific to mitigate impacts and prevent
erosion. SurFace drainage shall not be directed across the face of geologically
hazardous or landslides hazard area (including marine bluffs or ravines). If drainage
must be discharged from the area into adjacent waters, it shall be collected above
the hazard, secured, and directed to the water by tight line drain and provided with
an energy dissipating device at the point of discharge. Installations within two
hundred (200) feet of the shoreline must be authorized by the County Shoreline
Administrator and must be consistent with the Shoreline Management Act. If the
drainage recommendations in the Geologic Hazard Report are determined by the
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Director to not be sufficient, a specific Drainage Plan prepared by a licensed
engineer may be required (see Mitigation Plans).
11. The Director or their designee may require a representative of the qualified
consultant to perform special inspections to confirm that conditions encountered
during construction are consistent with the assumptions of the geotechnical
engineering report and construction conforms with the design and mitigation plans.
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Auburn Shoreline Master Program
Appendix D
Permit Data Sheet
Auburn Shoreline Master Program
Shoreline Management Act
Permit Data Sheet and Transmittal
Letter
From:
(local government) To: (appropriate Ecology office)
Date of Transmittal: Date of Receipt: (provided by Ecology)
Tvpe of Permit: (Indicate all that apply)
Substantial Development ; Conditional Use ; Variance ; Revision ; Other.
Local Government Decision: Approval ; Conditional Approval ; Denial :
Applicant Information: ApplicanYs Representative: (if primary contact)
Name: Name:
Address: Address:
Phone(s): Phone(s):
Is the applicant the property owner? yes no
Location of the Property: (Section Township and Range to the nearest 1/4, 1/4 Section or latitude and longitude,
and a street address where available)
Water Bodv Name:
Shoreline of Statewide Siqnificance: Yes No .
Environment Designation:
Description of the Proiect: (Summary of the intended use or project purpose)
Notice of Application Date: Final Decision Date:
By: (Local Government Primary Contact on this Application)
Phone No:
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CITY OF AtiBURN Peter B. Lewis, Mayor
Y WASHINGTON 25 West Main Street * Aubum WA 98001-4998 * www.auburnwa.gov * 253-931-3000
STATE OF WASHINGTON )
)ss.
COUNTIES OF KING AND PIERCE )
1, Danielle Daskam, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the counties of King and
Pierce, State of Washington, certify as follows
1. The foregoing is a full, true and correct copy of Ordinance No. 6235
(the "Ordinance") duly passed by the Council and approved by the Mayor of the said
City of Auburn, on the 20th day of April, 2009, as that ordinance appears on the
minute book of the City.
2. Ordinance No. 6235 was published as provided by law in the Seattle
Times, a daily newspaper published in the City of Auburn, and of general circulation
therein, on the 23rd day of April, 2009.
Witness my hand and the official seal of the City of Auburn, this 29th day of
June, 2009.
Danielle Daskam, City Clerk
City of Auburn
AUBURN* MORE T'HAN YOU IMAGINED