HomeMy WebLinkAbout6733 ORDINANCE NO. 6733
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATED TO THE SHORELINE
MASTER PROGRAM; AND AMENDING CHAPTER 16.10
OF THE AUBURN CITY CODE, AND REPEALING AND
REENACTING CHAPTER 16.08 OF THE AUBURN CITY
CODE
WHEREAS, the Washington State Legislature has mandated that the City
periodically review its Shoreline Master Program (SMP) and update it as necessary
pursuant to the Shoreline Management Act (SMA), Chapter 90.58 RCW, and the
Shoreline Master Program Guidelines, WAC 173-26; and
WHEREAS, the Department of Ecology (Ecology) reviewed the City's proposed
SMP changes and notified the City that changes to the Critical Areas Ordinance (CAO),
Chapter 16.10 ACC, were also needed for consistency with current Best Available
Science (BAS) for streams, wetlands, and their buffers. In addition the Department of
Health (DOH) recommended that the City's Critical Aquifer Recharge Areas regulations
be updated to reflect current State rules and regulations; and
WHEREAS, a SEPA Determination of Nonsignificance (DNS) was issued on
August 13, 2019 for the proposed SMP and CAO updates; and
WHEREAS, the SMP and CAO updates have consisted of a joint review process
with Ecology pursuant to WAC 173-26-104. The process involved outreach to and
consultation with other agencies, tribes, and other interested groups. A joint public
comment period was also held with Ecology from August 13, 2019 through September
12, 2019. No comments were received; and
Ordinance No. 6733
October 14, 2019
Page 1 of 3 Rev 2019
WHEREAS, the City notified the Washington State Department of Commerce of
the proposed amendments, per RCW 36.70A.106, on July 25, 2019 (for the SMP) and
July 22, 2019 (for the CAO). No comments were received; and
WHEREAS, the Planning Commission held a joint public hearing with Ecology on
October 8, 2019 and recommended adoption of the proposed updates to the City Council.
WHEREAS, the Growth Management Act in RCW 36.70A.480 provides that the
goals and policies of a local SMP shall be considered an element of a local government's
comprehensive plan; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment of the Shoreline Master Program. The City's
Shoreline Master Program (SMP) is amended to read as shown in Exhibit A of this
Ordinance, and an amended copy shall be on file with the office of the City Clerk.
Section 2. Amendment to City Code. Chapter 16.08 of the Auburn City Code,
Shoreline Management Administrative and Permitting Procedures, is repealed in its entity
and replaced with the following section:
"16.08.010 The Shoreline Management Administrative and Permitting Procedures are
uncodified and can be found in City's Shoreline Master Program, Ordinance 6733, and
on file in the office of the City Clerk".
Section 3. Amendment to City Code. Chapter 16.10 of the Auburn City Code,
Critical Areas, is amended to read as shown in Exhibit B of this Ordinance.
Section 4. Submission to Department of Ecology. The Director of
Community Development shall submit, according to RCW 90.58, the amended Shoreline
Ordinance No. 6733
October 14, 2019
Page 2 of 3 Rev.2019
Master Program and associated documents to the Department of Ecology for its review
and approval prior to formal adoption.
Section 5. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 6. Severability. The provisions of this Ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this Ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this Ordinance, or the
validity of its application to other persons or circumstances.
Section 7. Effective date. Sections 1 and 2 of this Ordinance shall be effective
and in force 14 days after the notice date of the Department of Ecology final action, as
provided by RCW 90.58.090(7). Section 3 shall be effective and in force five days from
and after the passage, approval, and publication of this Ordinance as provided by law.
INTRODUCED:NOV 0 4 2019
NOV 04P019
PASSED:
NOV 0 4 2019
APPROVED:
ANCY B S, MAYOR
ATTEST: APPRt E, AS TO FORM:
Shawn Campbell, MMC, ity Cler Steven L. Gross, City Attorney
Published: \u1IAW 'c, 1A bukt
Ordinance No. 6733
October 14, 2019
Page 3 of 3 Rev.2019
Exhibit A-Ordinance No. 6733 Page 1 of 106
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Auburn Shoreline Master Program
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Notice;The Auburn City Council adopted the updated Auburn Shoreline Master Program(SMP)on Juno
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.
CITY Oi
AUBURN
WASHINGTON
Exhibit A-Ordinance No. 67331 Page 2 of 106
Exhibit A- Ordinance No. 6733 Page 3 of 106
Auburn Shoreline Master Program
TABLE OF CONTENTS
PREFACE P-1
CHAPTER 1.0 DEFINITIONS 1-1
1.1 Interpretation. 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 2-1
2.3.1 Goal• 2-1
2.4 Recreation Element 2-1
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: 2-2
2.7 Historical/Cultural Element 2-3
2.7.1 Goals: 2-3
2.8 Flood Prevention/Critical 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 4-644
4.1 Scope. 4=644
4.2 Applicability 4=644
i Draft August 5, 2019
Exhibit A-Ordinance No. 6733 Page 4 of 106
Auburn Shoreline Master Program
4.3 Interpretation. 4=744
4.3.1 Adoption Incorporation of additional regulations 4=844
4.4 General Policies and Regulations 4=843
4.4.1 Conservation and Restoration 4-844
4.4.2 Shoreline Vegetation Conservation 4=94-4
4.4.3 Environmental Impact Mitigation 4-1244
4.4.4 Critical Areas 4-134-8
4.4.5 Critical Area Regulations Table 4-15440
4.4.6 Public Access (including views) 4-21446
4.4.7 Flood Hazard Reduction 4-22447
4.4.8 Water Quality, Storm water and Non-Point Pollution 4-234-18
4.4.9 Educational and Archeological Areas and Historic Sites 4-244 19
4.4.10 Nonconforming Use and Development Standards 4-261 21
4.5 Permitted Use Table 4-29444
4.6 Shoreline Modification 4-364-34
4.6.1 Prohibited Modifications 4-361 31
4.6.2 Dredging and Dredge Material Disposal 4-361 31
4.6.3 Piers and Docks 4-371 32
4.6.4 Shoreline Stabilization (bulkheads and revetments) 4-374-36
4.6.5 Clearing and Grading 4-394 34
4.6.6 Fill 4-40135
4.6.7 Shoreline Habitat and Natural Systems Enhancement Projects 4414-3-6
4.7 Shoreline Uses 4-414-36
4.7.1 Prohibited Uses 4-41446
4.7.2 Agriculture 4-42447
4.7.3 Aquaculture 4-434-38
4.7.4 Boating Facilities 4-441 39
4.7.5 In-Stream Structural Uses 4-441 39
4.7.6 Mining 4-454-40
4.7.7 Recreation 4-454-40
4.7.8 Residential Development 4-474-42
4.7.9 Signs 494-44
4.7.10 Transportation 4-501 45
4.7.11 Utilities 4-524-47
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. 5-1
5.1.8 Public notice 5-2
5.1.9 City council 5-2
5.1.10 Transmittal to the Department of Ecology. 5-2
CHAPTER 6.0 SHORELINE MANAGEMENT ADMINISTRATIVE AND PERMITTING PROCEDURES 6-1
Draft August 5,2019 ii
Exhibit A- Ordinance No. 6733 Page 5 of 106
Auburn Shoreline Master Program
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. 6-2
16.08.040 Application—Generally 6-3
16.08.050 Application—Notices. 6-4
16.08.052 Statement of Exemption. 6-4
16.08.054 Application—Shoreline Substantial 4Development pPermit—Review criteria 6-5
16.08.056 -Application—Shoreline€Conditional oUse pPermit—Review criteria. 6-5
16.08.058 Application—Shoreline Wariance—Review criteria. 6-5
16.08.060 Application—Review criteria—Additional information. 6-6
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. 6-7
16.08.100 Application—Hearing—Continuance. 6-7
16.08.110 Application—Hearing—Decision. 6-7
16.08.120 Application—Hearing—Rules of conduct 6-7
16.08.130 Application—Decision final 6-7
16.08.140 Grant or denial decision—Notifications. 6-8
16.08.150 Development commencement time 6-8
16.08.160 Termination or review and extension for nondevelopment. 6-8
16.08.170 Conditions or restrictions authorized. 6-8
16.08.180 Issuance limitations. 6-8
16.08.190 Decision appeals. 6-9
16.08.200 Rescission or modification. 6-9
16.08.210 Violation—Penalty. 6-9
16.08.220 Administration rules promulgation. 6-9
LIST OF FIGURES
Figure 1. Common-Line Setback . 4-29
LIST OF TABLES
Table 1. Critical Area Regulations 4-161 11
Table 21. Permitted Use 4-314-26
EXHIBIT A
Shoreline Environment Designation Maps
1. Overview Map(4tyCity-wide)
2. Green River 1
3. Green River 2
4. Green River 3
5. Green River 4
iii Draft August 5, 2019
Exhibit A-Ordinance No. 6733 Page 6 of 106
Auburn Shoreline Master Program
6. White River 1
7. White River 2
8. White River 3
9. White River 4
10. White River 5
Appendix A. Critical Arca Provisions in Shoreline Jurisdiction (Applicable Sections of ACC Chapter)
Appendix B. ACC Chapter Nonconforming Structures, Land and Use:,
Appendix C. Geologic Hazard Report Submittal Requirements
Appendix D. Permit Data Sheet
Draft August 5, 2019 iv
Exhibit A- Ordinance No. 6733 Page 7 of 106
Auburn Shoreline Master Program
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 sShorelines of the sState 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
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 "sShorelines of&Statewide&Significance"
or"&Shorelines of the sState" 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 "sShorelines 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 Code also regulates shoreline development by requiring shoreline
substantial development permits.-Chapter 16.08 of the city codeCity Code provides guidelines for
issuance of shoreline permits that implement the&State SMA.
In 2003,the sState'Legislature established funding,timelines, and guidelines requiring all cities and
counties to update their SMP.-The City of Auburn'as-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#was been-prepared consistent with the SMA and its implementing guidelines.
The City's SMP provides goals, policies, development regulations,and permitting procedures for
"sShorelines of the sState" in the€+ City of Auburn.
P-1 Draft August 5, 2019
Exhibit A- Ordinance No. 6733 Page 8 of 106
Auburn Shoreline Master Program
Consistent with state guidelines (WAC 173-26-201,Comprehensive Process to Prepare or Amend
Shoreline Master Programs)athe first step in the comprehensive Master Program update process was
development of a shoreline inventory and characterization.The inventory and characterization
documentsed t shoreline conditions and providesd a basis for updating the City's Master Program
goals, policies, and regulations.-The characterization identifiesd existing conditions, evaluatesd existing
functions and values of shoreline resources, and exploresd opportunities for conservation and
restoration of ecological functions.
State guidelines also required 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,which was adopted by the City Council on April 20, 2009
(Ordinance No. 6235),the City worked with a Citizen's Advisory Committee for several months.-Special
thanks gewent out to Committee members Don Payne,Terry Bonini, Planning Commissioner Judy
Roland, Mark Hancock, Ex-Councilmember Fred Poe,Sandra Lange, and Julie Herren.
RCW 90.58.080 and WAC 173-26-090 require the City to do a periodic update of the SMP every eight
years with the first update due in 2019 and then every eight years thereafter. The update directs the
City to review, and, if necessary, revise the SMP based on changes in local circumstances, new
information or improved data.
The City received a grant administered by the Washington State Department of Ecology (SMA Grant No.
SEASMP-1719-ACDPWD-00027)for up to$25,000 to assist with this update.The City used those funds
to hire The Watershed Company to assist with this update. City Staff worked with the Planning
Commission beginning in July of 2018 until a recommendation was made to the City Council on October,
8, 2019.The City Council adopted the SMP on November, 5, 2019 (Ordinance No. 6733)and final
approval from the Department of Ecology was received on xxx,xx, 2019.
A special thanks goes out to those who helped and participated in the 2019 periodic update of the SMP:
Mayor: Nancy Backus
City Council: Largo Wales Planning Commission: Judy Roland
Claude DaCorsi Joan Mason
Bill Peloza Roger Lee
Yolanda Trout-Manuel Dimitri Moutzouris
John Holman Phillip Stephens
Larry Brown Sunil Khanal
Bob Baggett Daniel Shin
City Staff: Jeff Tate, Director of Community Development
Jeff Dixon, Planning Services Manager
Thaniel Gouk, Senior Planner
Dustin Lawrence, Senior Planner
Alexandria Teague, Planner II
Consultant: The Watershed Company
Draft August 5, 2019 P-2
Exhibit A-Ordinance No. 6733 Page 9 of 106
Auburn Shoreline Master Program
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. :- - - • - . • - • - - -
Management Act); 3.Auburn City Code(definition appears elsewhere in ACC);4.Auburn's 1973 SMP;
._ .._ •I• ., .
1.2 Definitions.
"Accessory Structure;" 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.
"Agriculture}•
A. "Agricultural aActivities4" 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 pProducts4" 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 holiday 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 eEquipment}" and "aAgricultural#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;
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
1-1 Draft August 5, 2019
- , a - - a , - • ., - ... ,,
Exhibit A-Ordinance No. 6733 Page 10 of 106
Auburn Shoreline Master Program
D. "Agricultural 4Land " 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 aActivities,eExisting and°Ongoing" 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.
"Aquaculture" 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 Wetlands}" means those wetlands which are in proximity to and either influence or are
influenced by tidal waters or a lake or stream subject to the Shoreline Management Act.
"Best Management Practices;" 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 environment with habitat features important to fish life. Use of wood
structures or limited use of clean angular rock may be allowable to provide stability for establishment of
the vegetation.
"Boat Launching Ramps"are areas developed for boating ingress and egress.
"Boat k►Housei" 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.
"Breakwater" 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,
Draft August 5,2019 1-2
1 - WAC;2 -RCW;3-ACC;4 -1973 SMP;5-2009 SMP
Exhibit A-Ordinance No. 6733 Page 11 of 106
Auburn Shoreline Master Program
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 Strip;" 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.
"Bulkhead' means vertical structures erected parallel to and near the OHWM
for the purpose of protecting adjacent uplands from erosion, other than newly created residential land,
from the action of waves or currents.
"Channel e}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.
"City" means the City of Auburn.
"Commercial dDevelopments5"a -means those uses involved in wholesaleLa+ retail,service,trade or
business . • - , . . - •- . ' - trade.
"Community Pier or Dock" means a pier or dock including a gangway and/or float which is intended for
use in common by lot owners or residents of a subdivision or residential planned development district.
"Conditional Use,Shoreline}" means a use,development, or substantial development which is classified
as a conditional use or is not classified within the&Master i3Program.
"Critical Areas;" means wetlands, streams,flood hazard areas,fish and wildlife areas, aquifer recharge
areas, and geologically hazardous areas as defined and designated by the Critical Areas Ordinance (ACC
Chapter 16.10 ACC,Ordinance No.5894).
"Critical Freshwater Habitats;" mean habitat areas associated with&Shorelines of the sState and
associated with threatened, endangered,or sensitive species of plants or wildlife (pursuant to WAC 232
12 297 Sections 2.4, 2.5 and 2.6)and which, if altered,could reduce the likelihood that the species will
maintain and reproduce over the long term.
"Dedication" 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.
1-3 Draft August 5, 2019
1-WAC;2-RCW;3-ACC;4-1973 SMP;5-2009 SMP
Exhibit A-Ordinance No. 6733 Page 12 of 106
Auburn Shoreline Master Program
"Development" does not include dismantling or removing structures if there is no other associated
development or redevelopment.
"Directors" means the Community Development Director of Po, Plannin Building,a
for the City of Auburn or his/her assigned designee.
"Dock" means a structure that abuts the shoreline and floats upon the water and is used as a landing
or moorage place for recreational purposes.
"Dredgings" is the removal of material from the bottom of a stream, river or other water body.
"Dry Wells" means a pit filled with coarse rock or lined with crushed rock or gravel for use as a storm
disposal method.
"Dune fwModification4" 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 aArcheological Sites and#Historical aAreass" 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 cRemediations" consists of actions taken to identify, eliminate or minimize any threat
posed by hazardous substances to human health or the environment. Such actions include any
investigative,site remediation, and monitoring activities undertaken with respect to any release or
threatened release of a hazardous substance.
"Fill}" means the addition of soil,sand, rock,gravel,sediment, earth retaining structure, or other
material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the
elevation or creates dry land.
"Floats" means a structure comprised of a number of logs, boards, barrels,etc.,fastened together into a
platform capable of floating on water, used as a landing or moorage structure for swimming purposes.
Floats are either attached to a pier or are anchored to the bed lands so as to allow free movement up or
down with the rising or falling water levels.
"Flood#Hazard Reduction}" 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
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Exhibit A-Ordinance No. 6733 Page 13 of 106
Auburn Shoreline Master Program
area shall be based upon flood ordinance regulation maps or a reasonable method which meets the
objectives of the act.
"Floodway Fringes" means the area outside the floodway but still in the flood hazard zone.
"Floodway" means Mese-portions-of the area - • . • - •• •- . • - - •
ienthat has been established in effective Federal Emergency Management Agency(FEMA) Flood
Insurance Rate Maps (FIRM) or floodway maps.The floodway s444-does 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" 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 Practices" 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. A forest practice that only involves timber
cutting is not a development under the act and does not require a shoreline substantial development
permit or a shoreline exemption.A forest practice that includes activities other than timber cutting may
be a development under the act and may require a substantial development permit,as required by WAC
222-50-020.
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 conversion of land for non-forestry uses and
developments. Log storage away from forest land is considered Industrial.
"Gangway" means a sloping structure that provides access from a pier to a float.
"Grading}" means the movement or redistribution of the soil, sand, rock,gravel,sediment, or other
material on a site in a manner that alters the natural contour of the land.
"Groin;" means a barrier type structure extending from back shore into the water,the purpose of which
is to interrupt sediment movement along the shore.
"Guidelines" means those guidelines adopted pursuant to the Shorelines Management Act of 1971.
"Habitat+Improvement;" 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.
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Exhibit A-Ordinance No. 6733 Page 14 of 106
Auburn Shoreline Master Program
"Hazardous Substances}" means those wastes designated by WAC 173-340-200, and regulated as
hazardous substances by the Department of Ecology.
"Hearing Examiners" means the officer appointed by the City of Auburn City Council to review and
approve or deny applications for substantial development,conditional use,variance and expansion of
nonconforming use permits.
"Hearings Board' 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 mMasterpProgram specifically requires that such
appurtenances be included: provided further,that temporary construction equipment is excluded in this
calculation.
"Home_bBased 4Daycare3"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 Surfaces" means those surfaces that do not allow the downward passage of water.
"Industrial 4Development3's" 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 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 Uses}" means a structure placed by humans within a stream or river waterward
of the ordinary high-water mark that either causes or has the potential to cause water impoundment or
the diversion, obstruction,or modification of water flow. In-stream structures may include those for
hydroelectric generation, irrigation,water supply,flood control,transportation, utility service
transmission,fish habitat enhancement,or other purpose.
"Interpretive Centers" means a facility containing artifacts, history and information about a site in the
immediate area.
"Jetties" 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.
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Exhibit A-Ordinance No. 6733 Page 15 of 106
Auburn Shoreline Master Program
"Joint Use Pier or Dock" 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" is the creation of dry upland area by filling or depositing of sand,soil or gravel into a
shoreland/shoreline area.
"Launching Ramps" means areas solely developed for boating ingress and egress.
"Levee, Dike" means a broad embankment of earth built parallel with the river channel to contain flow
within the channel.
"Linear Access;" means a trail, path, road, or launching ramp by which the public can travel to and along
publicly owned water. Recreational activities such as swimming, hiking, shore fishing, hunting and
picnicking are typical activities requiring linear access.
"Maintenance Dredging" means dredging for the purpose of maintaining a prescribed minimum depth
of any specific waterway project.
"Master Program' means the comprehensive sShoreline fn MasterpProgram for the City of Auburn,
including the use regulations together with maps, diagrams, charts or other descriptive material and
text.
"May4" means the action is acceptable, provided it conforms to the provisions of WAC 173-26 and this
SMP.
"Mineral Resource Lands}" means lands primarily devoted to the extraction of minerals or that have
known or potential long-term commercial significance for the extraction of minerals.
"Mining" means the removal of naturally occurring materials from the earth for economic uses
pursuant to Chapter 78.44 RCW and Chapter 332-18 RCW.
"No Net Loss" 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 fnMaster pProgram. In cases where
unavoidable loss results from allowed uses or developments,the standard is met through appropriate
mitigation, consistent with the provisions of this f14Master pProgram.
"Nonconforming Use-and-Development' means an existing shoreline use that
was lawfully constructed or established prior to the effective date of the act or the applicable master
program or amendments thereto, but which does not conform to present use regulations or standards
due to subsequent changes toe#the master program.
"Nonconforming Development" or"Nonconforming Structure" means an existing structure that was
lawfully constructed at the time it was built but is no longer fully consistent with present regulations
such as setbacks, buffers or yards; area; bulk; height or density standards due to subsequent changes to
the master program.
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Auburn Shoreline Master Program
"Nonconforming Lot" means a lot that met dimensional requirements of the applicable master program
at the time of its establishment but now contains less than the required width, depth or area due to
subsequent changes to the master program.
"Non-water Related Uses" 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" 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 Plain;" 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 Flood" 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)}"on all lakes,streams, and river water is that mark found by
examining the bed and banks and ascertaining where the presence and action of waters are so common
and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from
that of the abutting upland, in respect to vegetation as that condition exists on the effective date of this
Chapter or as it may naturally change thereafter,or as it may change thereafter in accordance with
permits issued by the City or the Department of Ecology. Provided,that in any area where the
OHWM cannot be found,the OHWM adjoining fresh water
shall be the line of mean high water.
"Outfalls" 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.
"Persons" means an individual, partnership, corporation, association,organization, cooperative, public
or Municipal Corporation,or agency of the state or local governmental unit however designated.
"Piers" means a structure that abuts the shoreline and is built over the water on pilings and is used as a
landing or moorage place for recreational purposes.
"Point Access' 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.
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Exhibit A-Ordinance No. 6733 Page 17 of 106
Auburn Shoreline Master Program
"Private Recreational Pier or Docks" 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 wildlife 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 Species}" means species requiring protective measures and/or management guidelines to
ensure their persistence at genetically viable population levels. Priority species are those that meet any
of the criteria listed below.
"Priority t►Uses" means those shoreline uses given priority over other uses by the policies in the
Shoreline Management Ace,such as water-dependent uses and uses providing public access to the
state's shorelines.
"Public eAccesss" means the protection of the public's right to use navigable waters and the provision of
both physical and visual access to and from the water.
"Public Recreational Pier or Docks" means a pier or dock including a gangway and/or float either publicly
or privately owned and maintained, intended for use by the general public for recreational purposes, but
not to include docks constructed as part of a marina.
"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. In addition, a qualified consultant for wetlands and streams must
be a professional wetland scientist with at least two years of full-time work experience as a wetlands
professional, including delineating wetlands using the federal manual and supplements, preparing
wetland reports,conducting function assessments, and development and implementing mitigation
plans.
"Railroads" means a linear passageway for the movement of train passengers or freight.
"Recreations" 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
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Exhibit A- Ordinance No. 6733 Page 18 of 106
Auburn Shoreline Master Program
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.)
"Residential'4" 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, multi family 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.
"Revetments" 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.
"Ripraps" means broken stone placed on shoulders, banks, slopes, or other such places to protect them
from erosion.
"Road" 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 Areas" means those lands extending landward for two hundred feet in all
directions as measured on a horizontal plane from the ordinary high water ma•kOHWM;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 e yCity
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 Jurisdiction}" means all "sShorelines of the sState" and "shorelands" as
defined in this 441M aster pProgram 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.
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Exhibit A-Ordinance No. 6733 Page 19 of 106
Auburn Shoreline Master Program
"Shoreline Modifications}" means those actions that modify the physical configuration or qualities of the
shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier,
weir, dredged basin,fill, bulkhead, or other shoreline structure.They can include other actions,such as
clearing,grading, or application of chemicals.
"Shorelines of Statewide Significance" means those shorelines described in RCW 90.58.030(2)(f).
"Shorelines" 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 Stabilization" 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, newer" 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 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, Informational' means a sign designed to guide or direct pedestrians or vehicles.
"Sign,Warnings" means a sign designed to warn pedestrians or vehicles of some imminent danger.
"Signs4" 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.
"Signs;" are public displays whose purpose is to provide information,direction, or advertising.
"Single Use Pier or Dock" means a dock or pier including a gangway and/or float intended for the
private noncommercial use of one individual or family.
"Single-family Residence}" means a detached dwelling designed for and occupied by one family
including those structures and developments within a contiguous ownership which are a normal
appurtenance. An "appurtenance" is necessarily connected to the use and enjoyment of a single-family
residence and is located landward of the OHWM and the perimeter of a
wetland. On a state-wide basis, normal appurtenances include a garage; deck; driveway; utilities;fences;
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Exhibit A- Ordinance No. 6733 Page 20 of 106
Auburn Shoreline Master Program
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
, arkOHWM. 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 OHWM.
"Solid wWaste 4Disposar is the disposal of garbage, refuse and solid waste materials resulting from
domestic, agricultural and industrial activities,construction and demolition debris.
"Streamway;" means the corridor of a single or multiple channel or channels,within which the usual
seasonal or storm water runoff peaks are contained where the flora,fauna,soil,and topography is
dependent on or influenced by the height and velocity of the fluctuating river currents.
"Substantial Development" shall mean any development of which the total cost or fair market value
exceeds five-seven thousand and eighteen forty-seven dollars ($7,047) (or the value as
amended or adjusted for inflation per WAC 173-27-040(2)(a)/RCW 90.58.030-(3)-(e)) or any
development which materially interferes with the normal public use of the water or sShorelines of the
sState; except that the following shall not be considered substantial developments for the purpose of
this chapter:
A. Normal maintenance or repair of existing structures or developments, including damage by
accident,fire, or elements;
B. Emergency construction necessary to protect property from damage by the elements;
C. Construction and practices normal or necessary for farming, irrigation, and ranching activities,
including agricultural service roads and utilities on shorelands, and the construction and
maintenance of irrigation structures including but not limited to head gates, pumping facilities, and
irrigation channels. A feed lot of any size, all processing plants, other activities of a commercial
nature, alteration of the contour of the shorelands by leveling or filling other than that which results
from normal cultivation,shall not be considered normal or necessary farming or ranching activities.
A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay,
grain,silage, or other livestock feed, but shall not include land for growing crops or vegetation for
livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;
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;
chapter;
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
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Exhibit A-Ordinance No. 6733 Page 21 of 106
Auburn Shoreline Master Program
purpose of making use of system waters, including return flow and artificially stored ground water
for the irrigation of lands;
6:F.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;
4-1,G. Operation and maintenance of any system of dikes, ditches, drains,or other facilities existing on
September 8, 1975,which were created, developed,or utilized primarily as a part of an agricultural
drainage or diking system;
4,H. Site exploration and investigation activities that are prerequisite to preparation of an application for
development authorization under this chapter, if:
1. The activity does not interfere with the normal public use of the surface waters;
2. The activity will have no significant adverse impact on the environment including, but not
limited to,fish,wildlife,fish or wildlife habitat,water quality, and aesthetic values;
3. The activity does not involve the installation of a structure, and upon completion of the activity
the vegetation and land configuration of the site are restored to conditions existing before the
activity;
4. A private entity seeking development authorization under this section first posts a performance
bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that
the site is restored to preexisting conditions;and
5. The activity is not subject to the permit requirements of RCW 90.58.550.
4,1. The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020,
through the use of an herbicide or other treatment methods applicable to weed control that are
recommended by a final environmental impact statement published by the department of
agriculture or the department jointly with other state agencies under Chapter 43.21C RCW.
14J. Watershed restoration projects as defined herein.The City shall review the projects for consistency
with the.sShoreline4a4MasterpProgram 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 lMHousing3" 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, Primary3" are facilities which produce,store,collect,treat, carry, discharge, or transmit
electric power,water,storm drainage,gas,sewage, reclaimed water,communications,or other public
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Exhibit A- Ordinance No. 6733 Page 22 of 106
Auburn Shoreline Master Program
services. Accessory utility facilities are those associated with delivery of such public services to support
individual uses and developments,such as distribution or service lines.
"Variance,Shoreline}" means a grant of relief from the specific bulk, dimensional, or performance
standards set forth in the applicable master program and not a means to vary a use of the shoreline.
"Vegetation eConservation}" 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'4" 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 Uses}" means any water dependent,water-related,or water enjoyment use.
"Water Related Uses}" means those uses which are not intrinsically dependent on a waterfront location
to continue their operation, but whose operation cannot occur economically at this time,without a
shoreline location. Examples include a seafood processing plant and warehouses for goods transported
by water.
"Watershed Restoration pPlan}" means a plan, developed or sponsored by the department of fish and
wildlife,the department of ecology,the department of natural resources,the department of
transportation,a federally recognized Indian tribe acting within and pursuant to its authority, a eityCity,
a county, or a conservation district that provides a general program and implementation measures or
actions for the preservation, restoration, re-creation,or enhancement of the natural resources,
character,and ecology of a stream,stream segment, drainage area,or watershed for which agency and
public review has been conducted pursuant to eChapter 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:
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Exhibit A-Ordinance No. 6733 Page 23 of 106
Auburn Shoreline Master Program
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 7;7. 955 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 4Department of eEcology 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 pProject}" 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 OHWM of the stream.
"Weirs" 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 created to mitigate the
conversion of wetlands.
1-15 Draft August 5,2019
1 -MIC;2-RCW;3-ACC;4-1973SMP;5-2009SMR
Exhibit A Ordinance No. 6733 Page 24 of 106
Auburn Shoreline Master Program
"Width" .. - • •- - - . . •- --•- .. . . • -• • - - •- •- •'- '
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 ei.tyCity resolution, ordinance, code or regulations;
C. Any statute or regulation of the state of Washington (i.e.,the most applicable);
D. Legal definitions from case law or a law dictionary;
E. The common dictionary.
Draft August 5, 2019 1-16
1 - WAC;2 -RCW;3-ACC;4 -1973 SMP;5-2009 SMP
Exhibit A- Ordinance No. 6733 Page 25 of 106
Auburn Shoreline Master Program
CHAPTER2.0 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 shorelines.
3. Create public access to the rivers in a manner that will not impair the natural and ecological
systems of the shorelines.
2.3 Circulation Element
The Circulation element addresses the location and extent of existing and proposed major
thoroughfares,transportation routes and other public transportation-related facilities and correlates
those facilities with shoreline uses.
2.3.1 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.
2.4 Recreation Element
The Recreation element addresses the preservation and expansion of recreational opportunities by
means of acquisition,development and by other means.
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Exhibit A Ordinance No. 6733 Page 26 of 106
Auburn Shoreline Master Program
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.
2.6.1 Goals:
1. Restore and enhance shoreline habitats and processes on publicly owned lands.
2. Develop regional solutions with other jurisdictions,tribes and interested parties to resolve the
challenge of protecting shoreline ecological functions while also protecting shoreline
development.
Draft August 5, 2019 2-2
Exhibit A- Ordinance No. 6733 Page 27 of 106
Auburn Shoreline Master Program
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 aAreas eOrdinance.
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Exhibit A-Ordinance No. 67331 Page 28 of 106
Exhibit A-Ordinance No. 6733 Page 29 of 106
Auburn Shoreline Master Program
CHAPTER3.0 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 eit City's shorelines.
The determination as to which designation should be given to any specific shoreline area has been
based on,and is reflective of,the existing use pattern;the biological and physical character of the
shoreline;the goals and aspirations of the local citizenry;and the criteria in the Shoreline Management
Act guidelines (WAC 173-26-211).
Each environment designation represents a particular emphasis in the type of uses and development
that should be allowed.The environment designation system is designed to encourage uses in each
environment that enhance or are compatible with the character of the environment,while at the same
time requiring reasonable standards and restrictions on development so that the character of the
environment is not adversely impacted.
Each environment designation category includes: (1)a purpose statement which clarifies the meaning
and intent of the designation; (2)criteria to be used as a basis for classifying a specific shoreline area
with that environment designation;and (3)general management policies designed to guide
management decisions and development consistent with the character of the environment.To
accomplish the purpose of this chapter the following shoreline environment designations have been
established:
1. Shoreline Residential
2. Urban Conservancy
3. Natural
3.2 Shoreline Residential
3.2.1 Purpose:
The purpose of the"Shoreline Residential" environment is to accommodate residential development
and appurtenant structures that are consistent with this chapter.An additional purpose is to provide
appropriate public access and recreational uses.
3.2.2 Designation Criteria:
The Shoreline Residential environment designation is appropriate for those areas of the City's shorelines
that are characterized predominantly by single-family or multi family residential development or are
planned and platted for residential development.
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Exhibit A Ordinance No. 6733 Page 30 of 106
Auburn Shoreline Master Program
3.2.3 Management Policies:
The following management policies should apply to all shorelines in the Shoreline Residential
Environment:
Standards for density or minimum frontage width,setbacks, lot coverage limitations, buffers,
shoreline stabilization,vegetation conservation,critical area protection, and water quality shall be
set to maintain no net loss of shoreline ecological functions.—_Proposed projects should be reviewed
for consistency with the no net loss policy,taking into account 1)the environmental limitations and
sensitivity of the shoreline area, 2) proposed mitigation for anticipated impacts, 3)the level of
infrastructure and services available, and 4) other comprehensive planning considerations.
Multi family and multi-lot residential and recreational developments should provide public access
and joint use for community recreational facilities where appropriate.
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 policies 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 stabilization measures,vegetation conservation,
water quality, and shoreline modifications within the"urban conservancy" designation. These
standards should ensure that new development does not result in a net loss of shoreline
ecological functions or further degrade other shoreline values.
3. Public access and public recreation objectives should be implemented whenever feasible and
significant ecological impacts can be mitigated.
4. Water-oriented uses should be given priority over nonwater-oriented uses. For shoreline areas
with commercial development or adjacent to commercially navigable waters,water-dependent
uses should be given highest priority.
Draft August 5, 2019 3-2
Exhibit A-Ordinance No. 6733 _ Page 31 of 106
Auburn Shoreline Master Program
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)) I
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.
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.
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Exhibit A- Ordinance No. 6733 Page 32 of 106
Auburn Shoreline Master Program
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 eEnvironment elDescriptions,mMap,and bBoundaries.
A. The following"Shoreline Environment Descriptions"shall constitute the official descriptions of the
limits of all e tyCity shorelands as defined by RCW 90.58.030. Official maps prepared pursuant to
Chapter 173-26 WAC are on file with the City and included as Exhibit A to the Master Program.
B. Shoreline Environment Descriptions.—_Descriptions for each river are described generally from
upstream to downstream limits within the e+tyCity.—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 eityCity 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 44yCity limits in the SE quarter, Section
17,Township 21 N, Range 5 E,Willamette Meridian.
2. Urban Conservancy.
a. Left bank, limits of shoreline jurisdiction within the cityCity limits,from the boundary
between the SE and SW quarters, Section 17,Township 21 N, Range 5 E, Willamette
Meridian to 2nd Street SE.
b. Right bank, limits of shoreline jurisdiction within the cityCity limits in the NW quarter,
Section 17,Township 21 N, Range 5 E,Willamette Meridian to the northern eityCity limits.
c. Left bank,from 26th Street NE to the northern c-ityCity limits.
3. Shoreline Residential.
a. Left bank,from 2"d Street SE to 26th Street NE.
White River
1. Natural.
Draft August 5, 2019 3-4
Exhibit A-Ordinance No. 6733 Page 33 of 106
Auburn Shoreline Master Program
a. Left bank, limits of shoreline jurisdiction from southern e.tyiCity 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 eity<City limits to the boundary
between the NE and NW quarters of Section 28,Township 21 N, Range 5 E,Willamette
Meridian.
2. Urban Conservancy.
a. Left bank, limits of shoreline jurisdiction within Game Farm Wilderness Park.
b. Right bank, limits of shoreline jurisdiction from the boundary between the NE and NW
quarters of Section 28,Township 21 N, Range 5 E,Willamette Meridian,to the west
property boundary of Auburn Game Farm Park.
c. Left bank, limits of shoreline jurisdiction from R Street SE/Kersey Way SE to the western
c.tyiCity 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.
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 c-ityFCity 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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Exhibit A- Ordinance No. 6733 Page 34 of 106
Auburn Shoreline Master Program
CHAPTER4.0 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, as defined in RCW 90.58.030-(3)-(d) - . • - • • - • - -• • - • - • •
interferes with the normal public use of the surface of the waters overlying lands subject to the
- -- . • ••-• • . • and this SMP,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-seven thousand seven hundred and eighteen forty-seven dollars
($87, 18047), or the value as amended or adjusted for inflation per WAC 173-27-040(2)(a)/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 follows:
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 OHWM;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.
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 4214 Master pProgram.
C. Developments not required to obtain shoreline permits or local reviews.
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Exhibit A-Ordinance No. 6733 Page 35 of 106
Auburn Shoreline Master Program
Requirements to obtain a substantial development permit,conditional use permit,variance, letter
of exemption, or other review to implement the Shoreline Management Act do not apply to the
following:
1. Remedial actions. Pursuant to RCW 90.58.355,any person conducting a remedial action at a
facility pursuant to a consent decree, order,or agreed order issued pursuant to Chapter 70.105D
RCW, or to the D4epartment of Eecology when it conducts a remedial action under Chapter
70.105D RCW.
2. Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, any
person installing site improvements for storm water treatment in an existing boatyard facility to
meet requirements of a Nnational Ppollutant D4ischarge Eelimination Ssystem storm water
general permit.
3. WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356,Washington
State Department of Transportation projects and activities meeting the conditions of RCW
90.58.356 are not required to obtain a substantial development permit, conditional use permit,
variance, letter of exemption,or other local review.
4. Projects consistent with an environmental excellence program agreement pursuant to RCW
90.58.045.
5. Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to
Chapter 80.50 RCW.
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 eityCity,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,
or successor department or designee.The Director shall have the authority to
4-7 Draft August 5, 2019
Exhibit A Ordinance No. 6733 Page 36 of 106
Auburn Shoreline Master Program
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 4Use pPermit (CUP) process described in WAC 173-27-160.
4.3.1 Adorer-Incorporation of additional regulations.
A. Applicable provisions of ACC Chapter 16.10 ACC(per Ordinance No. 6733-2019 adoption),
Critical Areas are herein incorporated into this mMaster pProgram .
B. The regulations of ACC Chapter 18.54 ACC, Nonconforming Structures, Land and Uses are herein
incorporated into this* Master pProgram and included in Appendix B.
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 King County Flood
Control Zone District, Pierce County 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.
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Exhibit A-Ordinance No. 6733 Page 37 of 106
Auburn Shoreline Master Program
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.
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 the Critical Areas Ordinance and the
Master Program. Pursuant to ACC 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
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Exhibit A-Ordinance No. 6733 Page 38 of 106
Auburn Shoreline Master Program
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
f. Education facilities, such as viewing platforms and informational signs
g. Water-oriented uses
h. Replacement or rehabilitation of existing levees
i. Under residential development regulations,approved docks,floats, buoys, bulkheads,
launching ramps and similar structures are exempt from the setback.
3. Pursuant to ACC 18.50.0.045, "_-•- . ..: . .- -:.. -••-- Preservation of significant
trees", all significant trees shall be retained and made part of the landscape plan,as applicable.
Pursuant to ACC 18.50.04)45, "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 ACC 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 ACC 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 ACC 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
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,
Draft August 5,2019 4-10
Exhibit A-Ordinance No. 6733 Page 39 of 106
Auburn Shoreline Master Program
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
cityCity Engineering Ddesign and Ceonstruction&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#45 of this section 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 ACC
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 ACC 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 establishing 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 ACC 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 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.
4-11 Draft August 5, 2019
Exhibit A-Ordinance No. 6733 Page 40 of 106
Auburn Shoreline Master Program
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 Auburn City Code Chapter 16.10 ACC 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),EChapter 43.21C
RCW, is applicable,the analysis of environmental impacts from proposed shoreline uses or
developments shall be conducted consistent with the rules implementing SEPA (ACC Chapter
16.06 ACC 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.
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
Draft August 5,2019 4-12
Exhibit A-Ordinance No. 6733 Page 41 of 106
Auburn Shoreline Master Program
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. ACC Scction 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 ACC 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 shorelines.
3. Preserve, protect, restore and/or mitigate we critical areas within and associated with the
City's shorelines to achieve no net loss of shoreline ecological
functions.
4. Developments in shoreline areas that are identified as geologically hazardous areas,or pose a
foreseeable risk to people and improvements during the life of the development,should not be
allowed.
Regulations
1. Provisions of the City of Auburn Critical Areas Ordinance, as codified in Chapter 16.10 ACC(per
Ordinance No. 6733) are herein incorporated into this master program except as noted below:
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, as determined by the
DirectorCity and Section 4.3 of this SMP.
b. Provisions of the Critical Areas standards that are not consistent with the Shoreline
Management Act(Chapter;90.858 RCWL 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
4-13 Draft August 5, 2019
Exhibit A-Ordinance No. 6733 Page 42 of 106
Auburn Shoreline Master Program
that are outside shoreline jurisdiction, see • - =- • ' - -- e -• -Chapter 16.10
ACC.
d. When definitions per ACC 16.10.020"Definitions" conflict with SMP definitions per Chapter
1,SMP definitions shall apply.
e. ACC 16.10.030"Applicability—Regulated activities" shall not apply within the shoreline
jurisdiction. Determining which activities are regulated shall be governed by this Master
Program.
f. Activities that are exempt from the provisions of Auburn's Critical Areas Ordinance per ACC
16.10.040"Exemptions and nonconforming uses" shall not apply within the shoreline
jurisdiction. Determining which activities are exempt shall be be governed by this Master
Program and WAC 173-27-040.
g. Provisions of Auburn's Critical Area Ordinance that include a "reasonable use
determination" shall not apply within shoreline jurisdiction. Specifically,
i. References to reasonable use in Section ACC 16.10.100"Alteration or
development of critical areas—Standards and criteria" shall not apply; and
ii. Section ACC 16.10.150"Reasonable use provision" shall not apply.
In the event an applicant wishes to adjust standards and provisions for designated critical
areas per the Reasonable Use Exception under ACC 16.10.150,such application shall be
processed as a Shoreline Variance Permit process, per the provisions of this SMP and WAC
173-27, Shoreline Management Permit and Enforcement Procedures.
h. Provisions of Auburn's Critical Areas Ordinance relating to variance procedures and criteria
do not apply within the shoreline jurisdiction. Within the shoreline jurisdiction,the purpose
of a variance permit is strictly limited to granting relief from specific bulk, dimensional or
performance standards set forth in the applicable Shoreline x►Master j9Program where
there are extraordinary circumstances relating to the physical character or configuration of
property such that the strict implementation of the Shoreline CAMaster pProgram will
impose unnecessary hardships on the applicant or thwart the policies set forth in RCW
90.58.020.Specifically,
i. References to variances in Section ACC 16.10.090"Buffer areas and setbacks"
shall not apply;and
ii. ACC section 16.10.160"Variances" shall not apply.Variance procedures and
criteria shall be established in this SMP, Chapter 6,and in WAC 173-27-170.
i. ACC 16.10.170"Special exception for public agencies and utilities" shall not 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,
AreasAquifer Recharge Areas, Geologically Hazardous 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€geologically#hazardous areas,
as defined and designated in the Critical Areas Ordinance (Chapter 16.10 ACC),critical areas
must submit a gGeolegietechnical hazard rReport that complies that is prepared consistent with
Draft August 5,2019 4-14
Exhibit A-Ordinance No. 6733 Page 43 of 106
Auburn Shoreline Master Program
Chapter 16.10 ACC and the City of Auburn Engineering Design Standards
requirements provided in Appendix C.
4 . . .
The following table provides a summary of standards and provisions per ACC "Critical Areas." The table
is only meant to serve as a reference; applicable provisions ACC (included as Appendix A) should be
consulted directly to determine the full extent of the regulation. Per ACC,the Green River and White
River are considered Class I Streams. Other designated critical areas that may be located within
4-15 Draft August 5, 2019
Exhibit A-Ordinance Na 6733; Page 44 of 106
Auburn Shoreline Master Program
Buffet
Conical-AFea �F 8uf Composition liw th
Width
Reduction
Buff
permitted
reduced by up to 35%
100 feet(Urban
Censer cy-and any-the The buffer shall be + «• «I
e� ""'`'"" consist-of-en
Shoreline Residential)
EJessa StFesw�s ��
"a„
pursuant to ACC mark. native-vegetation to-the-stream,
2.0g feet(-Net ral) retained or established
to achieve the purpose
of the buffer.No
buildings or structures
E)(1).
the buffer unless as
i_r_SJeads ACC or the Master
Program.If the site has
measuFecl-perfenclicutaF
from the wetland edge as disturbed,the buffer
buffer after averaging is
I all l.Il I."
Category I 100 feet 200 feet the field usin the 1997 " no less in arcv than
S revegetated pursuant contained,.,;«ti;"«44
ti"
Washington-State to-an-approved
Wetlands-identification
F:r,-,«:,.n
averagingr h" ch
categeni-14 50-feet 100 feet
result in grc\3ter than a
Draft 4-16
Exhibit A-Ordinance No.6733 Page 45 of 106
Auburn Shoreline Master Program
Buffer
br4ticaJ-Area �r Width tAF4dth Aeera�
Reduction
C-ategefy414 25 feet 50 feet
444e-afatak-a*
demonstrates
(E) \Buffer Areas and
Setb alis
.h. stn
Fes
the-Imiffer.-The
restoration or
6ategeFy4V 25 feet 30 feet
ACC
j€)(1)Buffer Areas and
Setbacks.
4-17 Draft
Exhibit A-Ordinance No.6733, Pay as of ios
Auburn Shoreline Master Program
Miniamum Buffer Maximum-Buffer
CfitiGal-Afea allFidfh Width Width
Buffer widths shall be
determined by the
director based on the
fallowing-fatter
-species
Wildlife-Ha9F � cons st..r a.. ..
Ames ildlife; TWA T�4A undisturbed area buff
of eF wi .
og
•recommendations native-vegetation getation
��,,; tM - - -- enhancing or restoring
..d a ablished �`y.
..hie the
nature and intensity of of the buffer.No
land uses and activities
occurring on the site
and on adjacent sites. the buffer unless as
otherwise p e d by
Rectuir-ed-b4fer-s-may
ACC or the Master
Program.If the site has
sensitivity of the buffers shall be
�„'h
e
Ams geologic hazard arca in NJA fevegetet , Not-perrrfitted
etuestioe-a...d th..
es and-tee-and-along-the
and densit of uses~ sides of the slope.
Y
oih. .i
pfe-pe•sed-en-or
adjacentthe
geologic hazard.
Draft 4-18
Exhibit A-Ordinance No.6733 Page 47 of 106
Auburn Shoreline Master Program
i3u€#er
44414.11-Area eer Max u€€er A�ging/Width
Width Width
Rethectten
consist of an
fiatiw-vegetatien
fetaii4e€1-ef-estalalished
the buffer unless as
otherwise p itteel by
ACC 16.10 or the
site-has-previously
been disturbed the
buffer a shall be
r-ev.egeta.tecl-fauFsuant
to-an-apiar-oved
enhancement-plan,
consist of an
4-19 Draft
Exhibit A-Ordinance No.6733 Page 48 of 106
Auburn Shoreline Master Program
Rciffec
Critical Area AveeragingiG/-widtth
Width 1.4.Liettl4 h
Reduction
native vegetation
of the buffer.No
buildings or structures
the buffer unless as
otherwise permitted by
ACC 16.10 or the
Master Program.If the
site has previously
been disturbed,the
buffer area shall be
to-an-appteved
enhancement-Oen,
Draft 4-20
Exhibit A-Ordinance No. 6733 Page 49 of 106
Auburn Shoreline Master Program
4.4.64.4.5 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
shoreline;
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 multi- family 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;
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,
4-21 Draft August 5, 2019
Exhibit A- Ordinance No. 6733 Page 50 of 106
Auburn Shoreline Master Program
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).
4.444.4.6 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.
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:
Draft August 5, 2019 4-22
Exhibit A- Ordinance No. 6733 Page 51 of 106
Auburn Shoreline Master Program
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 ACCChapter-16.10 ACC, "Critical Areas".
5. Permanent structures placed within the 100-year floodplain shall be designed and constructed
in accordance with the requirements of ACC Chapter 15.68 ACC, "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.
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.
4,444.4.7 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.
4-23 Draft August 5, 2019
Exhibit A-Ordinance No. 6733 w_ Page 52 of 106
Auburn Shoreline Master Program
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 ACCChar ter-16.10 ACC, "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.
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 15.58.7)to prevent contamination and sanitation problems.
4.4494.4.8 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.
Draft August 5,2019 4-24
Exhibit A-Ordinance No. 6733 Page 53 of 106
Auburn Shoreline Master Program
2. Consideration should be given to the National Historic Preservation Act of 1966 and-hammer
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 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.
4-25 Draft August 5, 2019
Exhibit A- Ordinance No. 6733 Page 54 of 106
Auburn Shoreline Master Program
4.4.104.4.9 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 structures.
a. 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,
a-b.Nonconforming structures and-may be enlarged or expanded provided that said
enlargement meets the applicable provisions of the SMP.The proposed expansion shalldees
not increase the extent of nonconformity by further encroaching upon or extending into
areas where construction amuse would not be allowed for new development or
esesstructures, unless a Shoreline Variance is obtained.
the use regulations of the master program may continue as legal nonconforming uses. Such
. - -. . _ . - _. _ _ •. •Nonconforming single-family
residences that are located landward of the OHWM 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.
been obtained shall be considered a nonconforming use.
a-d.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.
Vie.In the absence of other more specific regulations,Aa 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:
i. No reasonable alternative conforming use is practical;and
ii. The proposed use will 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
iii. Meets WAC conditional use permit review criteria.
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 and the
Draft August 5, 2019 4-26
Exhibit A-Ordinance No. 6733 Page 55 of 106
Auburn Shoreline Master Program
Shoreline Management Act and to assure that the use will not become a nuisance or a
hazard.
Ef_A nonconforming structure which is moved any distance must be brought as closely as
practicable into conformance with the Shoreline Master Program.
d-g_If a nonconforming development-structure is damaged to an extent not exceeding seventy-
five percent of the replacement cost of the original de.clopmentstructure, it may be
reconstructed to those configurations existing immediately prior to the time the
development structure was damaged, provided that application is made for the permits
necessary to restore the devele ent structure within s-k-m€04414-stwo years of the date the
damage occurred, . ••• - - . . . • . . •- •- - _ _ . - . • • .
years of permit issuance.
2. Nonconforming uses.
a. Uses that were legally established and are nonconforming with regard to the use regulations
of the master program may continue as legal nonconforming uses.
b. In the absence of other more specific regulations in the master program,such uses shall not
be enlarged or expanded,except upon approval of a Shoreline Conditional Use Permit.
c. 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 unless re-establishment of the use is authorized through a
Shoreline Conditional Use Permit which must be applied for within the two-year period.
Water-dependent uses should not be considered discontinued when they are inactive due
to dormancy, or where the use includes phased or rotational operations as part of typical
operations. A use authorized pursuant to subsection (61)jl of this section shall be
considered an allowed nonconforming use for purposes of this section.
3. Nonconforming lots.
a_10. An nonconforming undeveloped lot,tract, parcel,site,or division of land
with local and state subdivision requirements prior to the effective date of the Act or
standards may be developed if permitted by other land use regulations of the local
government City and-so long as such development conforms to all other requirements
of the applicable master program and the Shoreline Management Act. New single-family
development on nonconforming lots shall meet the development standards established
in Section 4.7.8 of this SMP, except as provided in the following subsections (b-c).
b. Nonconforming lots—Modest Home Provision (development allowed without a variance).
New single-family development on a vacant legal lot within the shoreline jurisdiction that is
significantly encumbered by the shoreline buffer may be allowed without a Shoreline
Variance when:
i. There is no opportunity to consolidate lots under common ownership that will
alleviate the nonconformity; and
ii. The building area lying within the shoreline buffer and interior to the required side
yard and front yard setbacks is not more than 2,500 square feet for a single-family
residence, otherwise all the provisions of the SMP apply. Building area means the
4-27 Draft August 5, 2019
Exhibit A-Ordinance No. 6733 Page 56 of 106
Auburn Shoreline Master Program
entire area utilized to construct a single-family residence (including all appurtenances,
except driveways). A driveway shall not be more than 600 square feet and must be
located entirely on the landward side of all structures; and
iii. The residence is located in the least environmentally damaging location relative to the
shoreline and any critical areas, as determined by the Director after recommendation
by a qualified consultant; and
iv. The lot does not contain any critical geologic hazard areas as defined in Chapter 16.10
ACC;and
v. All structures are as far landward as possible and not closer than 30 feet from the
OHWM; and
vi. At least 80 percent of the buffer area between the structures and the shoreline
and/or critical area is maintained or enhanced to a naturally vegetated condition; and
vii. All single-family residences approved under this section shall not extend waterward of
the common-line setback/buffer(see the following and Figure 1 below), as
determined by the Director.The setback can be determined as follows:
1. Where there are existing legally established nonconforming residences that
encroach on the established setback within 200 feet of either side of the proposed
building footprint,the Director may reduce the required setback/buffer for the
single-family residence(see Figure 1 below). In such cases,the proposed
residence may be set back from the OHWM to a common line drawn between the
nearest corners of each adjacent residence closest to the lot(measured to the
residence's foundation).The common line buffer does not include measurements
from appurtenant or accessory structure.
2. In those instances where only one existing non-conforming single-family residence
is within 200 feet of the proposed building footprint,the Director may reduce the
setback/buffer of the proposed structure to a line drawn between the nearest
corner of the existing adjacent residence and the nearest applicable setback for
the adjacent vacant parcel as measured at the intersection of the setback line and
the property line, as shown in Figure 1 below.
3. In no case shall the reduced setback/buffer applied be less than 30 feet landward
of the OHWM. In all cases, buffers shall meet the requirements of 4.4.9(3)(b)(vij,
above.
4. Any further setback/buffer reduction for non-conforming lots beyond what is
allowed in this section shall require approval of a Shoreline Variance.
Figure 1. Common-Line Setback.
Draft August 5, 2019 4-28
rExhibit A- Ordinance No. 67331 Page 57 of 106
Auburn Shoreline Master Program
Existing Non-conforming House
r
Proposed House
r
J
Existing Non- i — — Roof Une
conforming House
Imaginary Line Used to
-I Determine Setback/Buffer
v ' Shoreline(O.H.W.M)
i I
Proposed House I VACANT LOT
Standard Setback
Line
A
Existing Non-
conforming House A l I
Imaginary Line Used to
Determine Setback/Buffer
s i Shoreline(O.H.W.M)
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.
4-29 Draft August 5,2019
Exhibit A-Ordinance No. 6733' Page 58 of 106
Auburn Shoreline Master Program
P = Permitted - Permitted uses may require Shoreline Substantial Development Permits and
any other permits required by the Auburn Municipal 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
Draft August 5,2019 4-30
Exhibit A-Ordinance No.6733 Page 59 of 106
Auburn Shoreline Master Program
Table 1. Permitted Use
Shoreline Environment Designations
Shoreline Modification or Use
Natural Urban Conservancy Shoreline Residential
Minimum Setbacks from OHWM 200-feet 100-feet 100-feet
Shoreline Modification
Breakwaters,jetties,groins,and X X X
weirs
Dredging and Dredge Material P: For maintaining location, P: For maintaining location, P: For maintaining location,depth,
Disposal depth,and width previously depth,and width previously and width previously authorized
authorized under this authorized under this program. under this program.
program. C: For habitat maintenance and C: For habitat maintenance and
C: For habitat maintenance and improvement and flood improvement and flood
improvement and flood protection in consultation with protection in consultation with
protection in consultation the WDFW. the WDFW.
with the WDFW. X: All other dredging activities. X:All other dredging activities.
X: All other dredging and
disposal.
Dune modification X X X
Piers and Docks X X X
Structural flood hazard reduction C:Replacement or rehabilitation P:Replacement or rehabilitation of P:Replacement or rehabilitation of
(dikes and levees) of existing levees or dikes, existing levees, existing levees,
X:New levees or dikes, X:New levees or dikes, X:New levees or dikes,
4-31 Draft August 5,2019
Exhibit A-Ordinance No.6733 Page 60 of 106
Auburn Shoreline Master Program
Shoreline Environment Designations
Shoreline Modification or Use
Natural Urban Conservancy Shoreline Residential
Shoreline Stabilization X P: If accessory to single-family P: If accessory to single-family
(Bulkheads and Revetments) residence. residence.
C: If not accessory to a single- C: If not accessory to a single-family
family residence. residence.
•
Clearing and Grading P: If associated with allowed P: If associated with allowed P: If associated with allowed
shoreline development. shoreline development. shoreline development.
•
Fill C: For activities associated with P: Fills at or above the OHWM or P: Fills at or above the OHWM or
habitat restoration. the natural bank,whichever is the natural bank,whichever is
X: All other fills. less if associated with allowed less if associated with allowed
shoreline development. shoreline development.
Fills extending waterward of Fills extending waterward of
OHWM for restoration projects OHWM for restoration projects
only. only.
C: Fills extending waterward of C: Fills extending waterward of
OHWM for water dependent OHWM for water dependent
uses only.: uses only.:
Shoreline Habitat and Natural P P P
Systems Enhancement Projects
Shoreline Use
Draft August 5,2019 4-32
Exhibit A-Ordinance No.6733 Page 61 of 106
Auburn Shoreline Master Program
Shoreline Environment Designations
Shoreline Modification or Use
Natural Urban Conservancy Shoreline Residential
Agriculture P:Existing and ongoing P:Existing and ongoing agricultural P:Existing and ongoing agricultural
agricultural activities. activities. activities.
X:All other agricultural activities, X:All other agricultural activities, X:All other agricultural activities,
Aquaculture C: Fish hatcheries and C:Fish hatcheries and associated X
associated facilities, facilities,
X:All other aquaculture activities X:All other aquaculture activities
and uses—, and uses—,
Boating Facilities X P: Boat launching ramps open to P: Boat launching ramps open to
the public otherwise the public otherwise prohibited,
prohibited,
Commercial Development X X X
Forest Practices X X X
Industrial Development X X X
In-stream Structures C: Fish Hatcheries and -C -C
associated facilities.
Mining X: New or expanded mining, X: New or expanded mining X: New or expanded mining,
C: Existing mining and related
activities,
4-33 Draft August 5,2019
Exhibit A-Ordinance No.6733, Page 62 01106
Auburn Shoreline Master Program
Shoreline Environment Designations
Shoreline Modification or Use
Natural Urban Conservancy Shoreline Residential
Recreation P: Unpaved bridle,bicycling and P: Paved and unpaved P: Paved and unpaved
hiking trails,including over bridle/bicycling/-walking trails, bridle/bicycling/walking trails,
water pedestrian bridges; interpretive viewpoints, interpretive viewpoints,
viewpoints,including pedestrian boardwalks and pedestrian boardwalks,
interpretative viewpoints; piers,pedestrian bridges,over pedestrian bridges,over water,
fishing access areas not water,water-enjoyment uses, C: Non-water related accessory
requiring structural facilities; golf courses,and incidental uses and water-enjoyment uses,
and pedestrian boardwalks. retail activity in conjunction X: Golf courses,incidental retail
X: Golf courses;ORV trails and with a public access pier. activity associated with a
areas;resorts;high intensity C: Non-water related uses. recreational use,walk in
parks;walk-in campgrounds. X: Walk in campgrounds,resorts, campgrounds,resorts,and off
off road vehicles(ORV)trails road vehicles(ORV)trails.
Residential Developments P:Residential development and P: Uses commonly accessory to P: New a single-family residence;
land divisions are permitted single family residences, residential subdivisions;and uses
provided no improvements C: New single-family residence1; accessory to single family
are located within the C_-Residential subdivisions; residences,
required buffer. multi-family residential C: Multi=family development,
development,
Signs P: Warning signs,navigational P P
signs,and informational
signs,
X: Commercial signs,
Permanent Solid Waste Storage X X X
or Transfer Facilities
Transportation Facilities (Roads P P P
and Bridges)
Draft August 5,2019 4-34
Exhibit A-Ordinance No.6733 Page 63 of 106
Auburn Shoreline Master Program
Shoreline Environment Designations
Shoreline Modification or Use
Natural Urban Conservancy Shoreline Residential
Transportation Facilities X P: Pedestrian overpasses and P: Pedestrian overpasses and
(Railroads) underpasses, underpasses,
C: Relocation of existing tracks C: Relocation of existing tracks
landward of an existing right- landward of an existing right-of-
of-way with no expansion in way with no expansion in the
the number of tracks or number of tracks or expansion of
expansion of railroads within railroads within the existing
the existing right-of-way, right-of-way,
X: Expansion of existing railroad X: Expansion of existing railroad
into new right of way and new into new right of way and new
railroads, railroads,
Utilities C: Underground linear utility P: Storm drain outfalls;primary P: Storm drain outfalls;primary
facilities and primary conveyance and distribution conveyance and distribution
conveyance facilities(pump facilities such as pipes and facilities such as pipes and pump
stations and pipelines),but pump stations;accessory utility stations;accessory utility
only when unavoidably facilities to serve allowed facilities to serve allowed
necessary to cross a body of development, development,
water;Storm drainoutfalls, C: Primary utilities such as C: Primary utilities such as
X: Site-specific utility facilities transmission facilities; transmission facilities and storm
(i.e.sewage treatment plant, reclaimed water facilities; water storage and treatment
water reclamation,electrical potable water production; ponds,
substations);Linear utility wastewater treatment plant,; X: Wastewater treatment plants;
facilities except as listed and storm water storage or reclaimed water facilities;
above, treatment ponds. potable water production
X: Reclaimed water facilities,
discharge/application facilities.
Unclassified Uses C I C C
4-35 Draft August 5,2019
Exhibit A-Ordinance No. 6733 Page 64 of 106
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 6Shoreline+ Master f3Program 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 sShoreline€Conditional+Use pPermit, 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. 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.
Draft August 5, 2019 4-36
Exhibit A-Ordinance No. 6733' Page 65 of 106
Auburn Shoreline Master Program
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 eConditional +Use pPermit 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 habitat 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.
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.
4-37 Draft August 5,2019
Exhibit A-Ordinance No. 6733 Page 66 of 106
Auburn Shoreline Master Program
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 public 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 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
Draft August 5, 2019 4-38
Exhibit A-Ordinance No. 6733 Page 67 of 106
Auburn Shoreline Master Program
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,
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.
4-39 Draft August 5,2019
Exhibit A Ordinance No. 6733 Page 68 of 106
Auburn Shoreline Master Program
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
(BMP€) consistent with€ityCity Engineering 4Design 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 315`
and April 15f
5. Clearing invasive non-native shoreline vegetation listed on the King or Pierce 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-
dependaent 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.
Draft August 5, 2019 4-40
Exhibit A-Ordinance No. 6733 Page 69 of 106
Auburn Shoreline Master Program
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)(f).
Regulations
1. A shoreline habitat or natural systems enhancement project involving environmental
remediation activities shall not harm human health or the 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 e+tyCity or public agency.-The Director of Pmsg7
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.
44.The City may grant relief from shoreline master program development standards and use
regulations resulting from shoreline restoration projects within urban growth areas consistent
with criteria and procedures in WAC 173-27-215.-"Shoreline restoration project" means a
project designed to restore impaired ecological function of a shoreline.
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 aeffects 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 sShoreline sSubstantial 4Development jaPermit 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
sShoreline CHMaster pProgram under another use:
4-41 Draft August 5, 2019
Exhibit A-Ordinance No. 6733 Page 70 of 106
Auburn Shoreline Master Program
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.
4.7.2 Agriculture
Policies
1. This Program allows for existing,ongoing agricultural activities while also maintaining shoreline
ecological functions and processes.
2. Agricultural activities that do not 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.
Draft August 5,2019 4-42
Exhibit A- Ordinance No. 6733 Page 71 of 106
Auburn Shoreline Master Program
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 ACC Chapter
16.10 ACC, Critical Areas and this Program for the proposed use.
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
quality,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 shoreline environments.
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 pelagic 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 but not limited to the Federal
4-43 Draft August 5,2019
Exhibit A-Ordinance No. 6733 Page 72 of 106
Auburn Shoreline Master Program
Clean Water Act,Section 401, and the Washington State Water Pollution 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 A n
Chapter 18.50 ACC, "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 ACC Sect-ien-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.
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.
Draft August 5,2019 4-44
Exhibit A- Ordinance No. 6733 Page 73 of 106
Auburn Shoreline Master Program
2. The location and planning of in-stream structures should give consideration to the full 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 eConditional uUse 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.
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.
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Exhibit A- Ordinance No. 6733 Page 74 of 106
Auburn Shoreline Master Program
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 markOHWM 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.
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.
Draft August 5, 2019 4-46
Exhibit A-Ordinance No. 6733 Page 75 of 106
Auburn Shoreline Master Program
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 GShoreline p4Master pProgram.
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.
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 multi-unit-family 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. Residential development shall be subject to the requirements of the City of Auburn Zoning Code
(Title 18 ACC). In case of a discrepancy between the requirements of this Master Program and
the 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:
4-47 Draft August 5, 2019
Exhibit A-Ordinance No. 6733 Page 76 of 106
Auburn Shoreline Master Program
i. New structural shoreline stabilization;
ii. 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's€Comprehensive pPlan
and development regulations.
d. Potential significant adverse environmental impacts (including significant ecological impacts)
can be avoided or mitigated to achieve no net loss of ecological functions,taking into
consideration temporal loss due to development and potential adverse impacts to the
environment.
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 this chapter.
6. New multit-family residential development, including the subdivision of land for more than
four parcels, shall include public access in conformance te-with 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
OHWM,shall be as required by the City of Auburn Zoning Code or other City
regulations.
Draft August 5,2019 4-48
Exhibit A- Ordinance No. 6733 Page 77 of 106
Auburn Shoreline Master Program
c. The required Ssetbacks for buildings and structures on Shoreline Sites from the Ordinary
High Water MarkOHWM in the Urban Conservancy and Shoreline Residential environment
designations. -- _ .' . - _. _ :.• . - - _ • -- _ _ . .•_• . -
shall be measured from the OHWM 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.
d. The required Ssetbacks for Shoreline Sites from the OHWM in
the Natural environment designation.The required setback for buildings and structures
-- _ . - _ . - . 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 building or
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.
c. Fences shall not be constructed in the floodway.
i. For instances where a floodway boundary changes, existing legally pe-r-;,i
established fences may be maintained and repaired in place. Replacement fences shall
be relocated outside of the floodway.
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 oUse Permit 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 Chapter 18.56 ACC,
{"Signs}"ity of Auburn Sign Code.
4-49 Draft August 5,2019
Exhibit A-Ordinance No. 6733 Page 78 of 106
Auburn Shoreline Master Program
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.
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 Sshoreline 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 & Bridges
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 the 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:
Draft August 5, 2019 4-50
Exhibit A- Ordinance No. 6733 Page 79 of 106
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.
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.
4-51 Draft August 5, 2019
Exhibit A Ordinance No. 6733 Page 80 of 106
Auburn Shoreline Master Program
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.
S. 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.
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; including alternate
methods of crossing such as directional boring;
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;
Draft August 5, 2019 4-52
Exhibit A- Ordinance No. 6733 Page 81 of 106
Auburn Shoreline Master Program
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 or diversions 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 installation/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 OHWM 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.
11. Where overhead transmission lines must parallel the shoreline,they shall be outside of the we
.14u4d-red42004-zfoot 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;
4-53 Draft August 5,2019
Exhibit A-Ordinance No 6733 Page 82 of 106
Auburn Shoreline Master Program
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_CountyCity 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 : - • •••:, ' •'•• -•- :•••• . •'
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.
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 August 5,2019 4-54
Exhibit A-Ordinance No. 6733 Page 83 of 106
Auburn Shoreline Master Program
CHAPTER5.0 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
official controls of area-wide applicability which implement the&Shoreline mMasterpProgram, i.e.,the
shoreline use regulations and maps made a part thereof.
5.1.2 Amendments authorized.
The provisions of the&Shoreline FRMaster pProgram 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 eityCity 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 eityCity 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 eityCity 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 designation map.
Applications for amendments to the master program must satisfy the requirements of the State
Environmental Policy Act(Chapter 443.21C 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 designation 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.
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
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Auburn Shoreline Master Program
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 : • :, :. :, .•_ _
5.1.9 City 6Council.
The action by the Planning Commission on an amendment shall be considered advisory to the council.
Final and conclusive action on an amendment shall be taken only by the City CEouncil.
5.1.10 Transmittal to the Department of Ecology.
Subsequent to final action by the eCouncil 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 14 days after written notice of approval by the Department of Ecology is
obtained per WAC 173-26-110.
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Exhibit A- Ordinance No. 6733 Page 85 of 106
Auburn Shoreline Master Program
CHAPTER6.0 Shoreline Management Administrative and Permitting Procedures
The purpose of this chapter is to provide the administrative and permitting procedures for the SMP.
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 following provisions are codified in Chapter 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.
16.08.010 Application Generally.
16.08.050 Application Notices.
16.08.052 Statement of Exemption.
16.08.051 Application Shoreline substantial development permit Review criteria.
16.08.056 Application Shoreline conditional use permit 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.
16.081.018 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
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Auburn Shoreline Master Program
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.)
46.081.8152 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.)
46.081.003 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.
CB. "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.
44C. "Director" means the director of the department of planning and community development of the
city, or his duly authorized designee. e -. :!• - , !!:; e :. : ! - , ••;; ' :. - , ;
Ord.4047 §71, 1985; 1957 code§ 11.94.020.)
46.981.8304 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
Draft August 5,2019 6-2
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Auburn Shoreline Master Program
provisions of this chapter and the Act. (Ord. 6095§ 1, 2008;Ord. 1810§ 1, 1996;Ord. 1501 5 11, 1991;
Ord.4225§ 1, 1987; 1957 code§ 11.9'1.0304
16.851.9405 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.
I.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.
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Auburn Shoreline Master Program
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 authorized agent. (Ord. 6095§ 1, 2008;Ord.
1810§ 1, 1996; Ord. 1225§ 1, 1987;Ord. 1017§72, 1985; 1957 code§ 11.94.040(a).}
16.981.0-S06 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. 1810§ 1, 1996;Ord. 1225§ 1, 1987; Ord.
4017 §73, 1985; 1957 code§ 11.91.010(b).}
46.981.9586 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.
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Auburn Shoreline Master Program
16.081.9-547 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.)
16.081.0468 Application—Shoreline conditional use permit— Review criteria.
A. Pursuant to WAC 173-27-210,the criteria below shall constitute the minimum criteria for review
and approval of a shoreline conditional use permit. Uses classified as conditional uses, and not uses
prohibited by the regulations of this SMP, may be authorized; provided,that the applicant can
demonstrate all of the following:
1.That the proposed use will be consistent with the policies of RCW 90.58.020,the policies of
this SMP,the city of Auburn comprehensive plan and other applicable plans, programs and/or
regulations;
2.That the proposed use will not interfere with the normal public use or access to public
shorelines;
3.That the proposed use of the site and design of the project will be compatible with other
permitted uses within the area and with uses planned for the area under the comprehensive plan and
shoreline master program;
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.)
-16.881.0889 Application—Shoreline 3.4Variance—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.
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Auburn Shoreline Master Program
B. Pursuant to WAC 173-27-210,the criteria below shall constitute the minimum criteria for review
and approval of a;Shoreline vVariance 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;
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 vVariance consistent with WAC 173-27-200.
(Ord. 6095§ 1,2008.)
16.4)81.9610 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. a -. -'• - e e:• e •. : e - ••_• e .. .
1987; 1957 code§ 11.911.010(c).)
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Exhibit A-Ordinance No. 6733 Page 91 of 106
Auburn Shoreline Master Program
26.981.04011 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. 1810§ 1, 1996; Ord.4225§ 1, 1987; 1957 code§
11.94.040(d).)
26.981.98012 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 uVariance 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).)
26.981.99013 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. 1810§ 1, 1996; Ord. 1225§ 1, 1987; 1957 code§ 11.94.050(b).)
26.981.1499 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. 4810§ 1, 1996;Ord. 4225 § 1, 1987;Ord. 1047§
71, 1985; 1957 code§ 11.94.050(c).)
26.081.1540 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. 1810§ 1, 1996;Ord. 1225§ 1, 1987;
Ord. 1017§75, 1985; 1957 code§ 11.94.050(d).)
26.981.1620 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. 1810§ 1, 1996;Ord. 1225 § 1, 1987;Ord. 4017 §76, 1985; 1957 code§ 11.94.050(c).)
26.981.1780 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
6-7 Draft August 5, 2019
Exhibit A- Ordinance No. 6733; Page 92 of 106
Auburn Shoreline Master Program
copies of the decision pursuant to ACC 16.08.140.{Ord. 6095§ 1, 2008;Ord. 1810§ 1, 1996; Ord. 1225§
1, 1987;Ord.1047§77, 1985; 1957 code§ 11.94.050(f).)
16.081.1840 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, shoreline conditional use
permit,or&Shoreline vVariance aApplication 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.1810§
1, 1996;Ord. 1225§ 1, 1987; Ord. 4047§78, 1985; 1957 code§ 11.91.060(a).)
16.081.1609 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. 1810§ 1, 1996; Ord.
4225§ 1, 1987; Ord. 1017§ 79, 1985; 1957 code§ 11.91.060(b).)
16.081.4620 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. 1840§ 1, 1996; Ord. 4225§ 1, 1987; 1957 code§
11.91.060(c).)
16.081.2170 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).)
16.081.48022 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. 1810§ 1, 1996; Ord. 1225§
1, 1987; 1957 code§ 11.911.060(e).)
Draft August 5, 2019 6-8
Exhibit A-Ordinance No. 6733' Page 93 of 106
Auburn Shoreline Master Program
4:6.981.4:9023 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. 18'10§ 1, 1996;
Ord.4225§ 1, 1987; Ord. 1047 §80, 1985; 1957 code§ 11.94.070.)
16.981.24490 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.{9r4
6095§ 1, 2008;Ord. 4840§ 1, 1996;Ord. 4225§ 1, 1987; Ord.40'17§81, 1985; 1957 code§ 11.94.080.}
16.081.2540 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. 9810§ 1,
1996;Ord. 4504§ 15, 1991; Ord. 1225§ 1, 1987; 1957 code§ 11.94.090.}
16.981.260 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.4810§ 1, 1996;Ord. 4225 § 1, 1987; 1957 code§ 11.94.100.}
6-9 Draft August 5,2019
Exhibit A-Ordinance No. 6733 Page 94 of 106
Lxhibit A-Ordinance No. 6733] Page 95 of 106
Auburn Shoreline Master Program
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 August 5,2019
Auburn Shoreline Master Program11414
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Map UM are tile property athe a,..'Peg beSaw *Shoreline jurisdiction boundaries depicted on this map are approximste. AUBURN SMP
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OO•e•. ..rows no They have not been formally dennew.d or surveyed and are intended*namesw ,ma. _mx °un0nq.dap.M sequoia...mon for planning purposes only.Additional sits-apedflc.valuation may be AUBURN/KING COUNTY,WASHINGTON
SOURCE:City of Auburn GIS,2006,King County GIS.2008 need.'to confirm/verify information shown on this m.p.
1Ehr ANaO.,::' Auburn Shoreline Master Program Update s, p,r(,r i
DNeely..8r�tlg1Natur�l i }. { Y
�` AUBURN Shoreline Environment Designations • `10 ,3a ;} ,
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Cly of Auburn Parcels ) . sif.,.; qr j. i * :F ,rTT aJF
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l—.-�City Boundary `fp! `�l� •
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Ell County Boundary } !.er Y�1'� {�f 7 *£ }A�
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Shoreline Environment Designations F• 'I 1 I 7 I - M•t'� '' . )1 4.---0.- i , W
From WAC 173.26-211 - Il f' C, 5 r , d"i,.. R 1 'a ' • I ,
Natural • Qin l' ' i ai,F .
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Urban Conservancy y-` 1 l �C,t• ' Y)�,1 I i, t o i 1 r
nie name se.ver 0 250 500 1.000
Creaeg. Green River 1
p.<,.d od enact d s F°°' SHORELINE ENVIRONMENT DESIGNATIONS
•Shoreline jurisdiction boundaries depicted on Is.sop.r..pp605im.t.. AUBURN SMP
_ 4ed1ion Pivtl•°•�'00 nO Tney have not Poen formally delineated or surveyed and are Intended
_
'eO1re"o ens need dw
ddeososin Mr planning wool,..only Additional site-specific*valuation may be AUBURN I KING COUNTY,WASHINGTON
SOURCE.City of Aueum GIS,2008:Keg County GIS,2008;USGS Onno Image,2002 needed to conrmWanly information shown on this map.
It'_tram __ '1 --
Auburn Shoreline Master Program Update E 1 ":•"` ° I 4
AUBURN Shoreline Environment Designations
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Cty of Auburn Parcels q'RR•iii�lll• j t,,` �*' °brelDrati �'" { 1
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.• .Parks Regulated Shorelines include ? \, \� ~• y,r(y �r
e Streams and Rivers ff.Green end White Rivers •• 1 • -
'� i f M .,,,�, a0 Aubuin Narrows Natural Arc- ' r
Shoreline Environment Designations ! _ t- .
From WAC 173-26.217 } '� .. 1
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•
Shoreline Residential ,„.. ..•,� s•t "♦0+.` •.,Ai� .ata ( +aE.,� i�r.
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e�i '�tt,.i7FM 1 a s 1t..
e 25° �� 000 Green River 2
use V F SHORELINE ENVIRONMENT DESIGNATIONS
,n.em ryoeo.n,ie,endaw:awr..e *Shoreline iodsAceenboundadesdepicted on tore map ere approximate. AUBURN SMP
They have not beyn formally delineated or surveyed and an Intended
for planning purposes only.Additional sib-spedec eraluatlon may b. AUBURN/KING COUNTY,WASHINGTON
SOURCE.CM of Auburn GIS.2008:Kmg County GIS,2008;USGS Ortho Image,2002 needed to connmvvedy informebon shown on this map.
�a.l. 1 Auburn Shoreline Master Program Updateisrti +i
' 1 AUBURN Shoreline Environment Designations r t ;;� . ,
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City of Auburn Parcels C' 1 _ ' v •I. i t •l
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ilill:r
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• Regulated Shorelines include • ,,, , Green F
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Shoreline Environment Designations I I /
• .. :! •�. d
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Urban Conservancy y„ — - f, .•.�'It '/ N
/ 4
a• tlaMp�E.el e 250 000 Green River 3
.�:od.dte,awr FeetSHORELINE ENVIRONMENT DESIGNATIONS
we e..m a,.p,.a.M..ti..••ted awa,. a Shoreline jurisdiction bounaadl depicted an this map are approaimata. AUBURN SMP
Th.yhave not neon formally aimeat.d or sure..and are Intended
w ov:m>«apaasw am w.daewd.wd'o,. for planning purpose•only.Additional sa.ap.cmc evaluation may be AUBURN/KING COUNTY,WASHINGTON
SOURCE'.City of Auburn GIS,2006;Kine County GIS,2008;USGS Ortho Imps,2002 no.d.d to contmaverify informa.on shown ea this map.
:7-::,aysi.sei b
Auburn Shoreline Master Program Update
AUBURN Shoreline Environment Designations Ws
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Legend . ,, ; i _ s +`, . 3 . I a 1 ai
•
City of Auburn Parcels ••• — , 2 i
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Shoreline Environment Designations "° 111A 1 • f • tt'
From WAC 173.26.211 Course a ...1.:1? 2 ', .a)/!' . •�,
f t.
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Urban Conservancy 1
0 250 500 ,,000 Green River 4
bails ed ter roe o. Feet
SHORELINE ENVIRONMENT DESIGNATIONS
•shoreInt.jurisdiction bounden.depicted on this map are approximate AUBURN SMP
.rem« les•p�Eiq a«ai W Isla awl They have not been formally delineated or surveyed and are intended
br planning purpwee ony..dditlonal elhagd 0 aauetlon may be AUBURN/KING COUNTY,WASHINGTON
SOURCE.CM of auburn GIS.2006.King County GIS.2008',USGS OMo Image,2002 needed to c07,7,7 vadfy in/orm•gon shown m Mia m.p.
Auburn Shoreline Master Program Update E.�■
Shoreline Environment Designations yr
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•
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•Streams and Rivers r� t. ` •! ' f i4�j
fhe Green and While Rivers �" /
ShorelineEnvironmentDesignations r t ''.Y •'*�,. ' � �•r -� V 4' ''40 Ax •,•,1i!Lj ✓*t'•T
From WAC 173-26-211 . . ..,? +. ••-4;;1 a • - , r tS
Natural 41141.1 !t6 ,4 J' � rAZaH{+ 'It
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y '* •�{• .f t`0 , t 1.1,*• . .S , .s ±``" ^�%iaJ��. i�1%'ati_i� ",s
e ,o e� White River 1
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SHORELINE ENVIRONMENT DESIGNATIONS
.,•ma�n..n•=.r n.e,.o. *snor.rn.i.ri.eineonnounderi..e•pi.e..on thi.map.�..ppro.im.t.. AUBURN SMP
..s..:7:"' .ate..=ia:.e"."., Tn.rn,..nore«nformmiy e.un.r.a or..r•.rw.na,r.m e°yR
br d.d to c nrma00.one AlSMonal olon this evaluseon may 0. AUBURN I KING COUNTY,WASHINGTON
SOURCE Ciry of Auburn GIS.2006:King County Gla.2008:USGS Ortho image,2002 n.se.e to confirrt✓v.ely inlorm.tlon anown.n Mie mp.
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SHORELINE ENVIRONMENT DESIGNATIONS
aoenv ain.w,....Iwdeala,. •snnrai,e i�r�=d�cnnn m�ndanas depmtad on mie map.ra.pproa+mate. AUBURN SMP
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SOURCE.City of,burn GIS,2006 King County GIS,2006.USGS GMo Image,2002 needed to confirm/van',"inform..shown on this map.
ill;? , Auburn Shoreline Master Program Update { .e
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.no•ma�re w�..eeted n•d.. *Shoreline Jurisdiction boundaries depicted on this m•p•m epproaimate. AUBURN SMP
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OIS,2000"'M°r0"a 0ip`0an for planning purposes only.Additional site-specific evaluation may be AUBURN I KING COUNTY,WASHINGTON
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Exhibit A- Ordinance No. 6733 Page 106 of 106
Auburn Shoreline Master Program
A. Critical Area Provisions in Shoreline Jurisdiction(Applicable Sections of ACC Chapter)
B. ACC Chapter Nonconforming Structures, Land and Uses
C. Geologic Hazard Report Submittal Requirements
D. Permit Data Sheet
Appendix A Draft August 5, 2019
Exhibit B- Ordinance No. 67331 Page 1 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
Chapter 16.10
CRITICAL AREAS
Sections:
16.10.010 Purpose and intent.
16.10.020 Definitions.
16.10.030 Applicability—Regulated activities.
16.10.040 Exemptions and nonconforming uses.
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.
16.10.150 Reasonable use provision.
16.10.160 Variances.
16.10.170 Special exception for public agencies and utilities.
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,signif ca ees;
geologic hazards, aquifer recharge 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 effects to wetlands;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.
Exhibit B-Ordinance No. 6733 Page 2 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
The primary goals of stream regulation are to avoid adverse effects to streams and associated riparian corridors;
to achieve no net loss of functions and values of the larger 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 effects 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 implement 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. quifer Recharge Areas. Aquifer recharge 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-wateraquifer recharge 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 effects 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.Geologically Hazardous Areas.Geologically hazardous areas means includeaads-erareas that because of
their susceptibility - .. .- - _, • .. . _• .•. .. .. - _. . . •._ •
...._. •. _ _ . • :_ _ - _ .•. •:_ ,to erosion,sliding,seismic earthquake,er-volcanic activity,
or other geological events,are not suited to the siting of commercial,residential,or industrial development
consistent with public health of safety concerns.
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 regulatory
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;to protect critical habitat for fish and wildlife,and to meet the purposes set forth in Chapter 15.68
ACC.Requirements for the identification,assessment,alteration,and mitigation of flood hazard areas are
contained in Chapter 15.68 ACC.
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 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
Exhibit B-Ordinance No. 6733 Page 3 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
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,however,it is recognized that the Growth Management Act requires the City to
designate and protect 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.
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
Exhibit B- Ordinance No. 6733 Page 4 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
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 and Washington State Department of Ecology guidance,is contained in
the findings and conclusions and the overall record supporting adoption of Auburn's critical areas regulations.(Ord.
6295§3,2010;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.
"Aquifer Recharge Area"means areas with a critical recharging effect on aquifers used for potable water,including_
areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the
potability of the water,or is susceptible to reduced recharge.
"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,geologically hazardous areas, aquifer recharge 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 and/or Wetland 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 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),
Exhibit B - Ordinance No. 67331 Page 5 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
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,critical volcanic 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 for - • = :, .= - --- • •_ - • - • •=
: . - _ _ . .. • ..' _. . ' :. ! • . .•: '!. :. :!identification of wetlands and delineation
of their boundaries and shall be done in accordance with the approved federal wetland delineation manual and the
Western Mountains,Valleys,and Coast Regional supplement,as required by WAC 173-22-035.
"Department"means the city of Auburn department of planning-and-community development development or
successor agency,unless the context indicates a different city department.
"Director"means the director of the city of Auburn department of community development,department ofplann;...-
and-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.
"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
Exhibit B-Ordinance No. 6733Page 6 of 36 •
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Chapter 16.10 CRITICAL AREAS
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.
"Geologically hazardous areas"means lands-or-areas characterized by geologic,hydrologic,and topographic
conditions that render them susceptible t. •_ - - . :_ ,erosion,sliding,seismic earthquake.
or voleanie-activityother geological events.
"Geotechnical report"means a report prepared in accordance with the City's Engineering Design Standards.
"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.Please see the definition of"aquifer recharge
areas"for additional regulated areas.
"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.
Chapter 70.105 RCW and Chapter 173 303 WAC;
_. . .
Chapter 173 303 WAC;and
"Hazardous substances"means any liquid,solid,gas.or sludge.including any material,substance,product,
commodity,or waste,regardless of quantity.that exhibits any of the physical.chemical,or biological properties
described in WAC 173-303 or RCW 70.105.
.. s. _
_. -; . . - _ -• ' • - •- _ . . . . - , _. . . . . . .
"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.)
Exhibit B - Ordinance No. 6733 Page 7 of 36
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Chapter 16.10 CRITICAL AREAS
"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 N 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 N/Very 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 State 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.by using
appropriate technology,or by taking affirmative steps to avoid or reduce impacts:;
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,enhancing,or providing substitute resources or environments
and/or
6.Monitoring the impact and taking appropriate corrective measures.
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.
Exhibit B-Ordinance No. 6733 Page 8 of 36 •
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
"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 aquifer recharge 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.In addition,a qualified
consultant for wetlands and streams must be a professional wetland scientist with at least two years of full-time
work experience as a wetlands professional,including delineating wetlands using the federal manual and
supplements,preparing wetland reports,conducting function assessments,and development and implementing
mitigation plans.A qualified consultant for aquifer recharge areas must be a currently licensed Washington State
geologist holding a current specialty license in hydrogeologv.
"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.
Exhibit B-Ordinance No. 6733 Page 9 of 36
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Chapter 16.10 CRITICAL AREAS
"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.
"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.
"Sole source aquifer"means an area formally designated as such by the U.S.Environmental Protection Agency
under the federal Safe Drinking Water Act.
"Spring"means a source of water where an aquifer comes in contact with the ground surface.
"Stream or wetland reconnaissance report"means a type of critical area report prepared by an applicant's qualified
consultant to describe a stream or wetland and to characterize its conditions,source of hydrologic support,wildlife,
habitat values and water quality.The report may also includes an analysis of impacts but generally does not include
adequate impact assessment and definition of a mitigation proposal sufficient to meet all the requirements of a more
comprehensive critical areas report.
"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 soil,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.
Exhibit B-Ordinance No. 6733 _ Page 10 of 36
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Chapter 16.10 CRITICAL AREAS
water-,
"Wellhead protection area"means the portion of a well's,wellfield's or spring's zone of contribution within the ten-
year time of travel boundary,or boundaries established using alternatecriteria approved
established-by the city state Department of Health in those settings where ground water time of travel is not a
reasonable delineation criterion:
"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 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,or those wetlands created after July 1, 1990,
that were unintentionally created as a result of the construction of a road,street,or highway.However, vWetlands
may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of
wetlands.(Definition taken from = • .• _ - _ _ __ -_ • _- .•_ _. •_ . _
Publication No 96 91•RCW 36.70A.030(23))
"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.
"Wetland mosaic"means an area with a concentration of multiple small wetlands,in which each patch of wetland is
less than one acre;on average,patches are less than 100 feet from each other;and areas delineated as vegetated
wetland are more than 50%of the total area of the entire mosaic,including uplands and open water.
"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.6287§2,2010;Ord.5894§ 1,2005.)
16.10.030 Applicability—Regulated activities.
A.The provisions of this chapter shall apply to any activity that potentially affects a critical area or its buffer unless
otherwise exempt.Such regulated activities include but are not limited to:
1.Removing,excavating,disturbing or dredging soil,sand,gravel,minerals,organic matter,or materials of any
kind;
2.Dumping,discharging or filling with any material;
3.Draining,flooding or disturbing the water level or water table,or diverting or impeding water flow;
4.Driving pilings or placing obstructions;
5.Constructing,reconstructing,demolishing,or altering the size of any structure or infrastructure;
6.Destroying or altering vegetation through clearing,grading,harvesting,shading,or planting vegetation that
would alter the character of or impact a critical area;
7.Release of contaminants to soil or water;
8.Activities that result in significant changes in water temperature,physical or chemical characteristics of
water sources,including quantity and pollutants;and
9.Any other activity potentially affecting a critical area or buffer not otherwise exempt from the provisions of
this chapter as determined by the director.
Exhibit B-Ordinance No. 6733 Page 11 of 36
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Chapter 16.10 CRITICAL AREAS
B.To avoid duplication,the following permits and approvals shall be subject to and coordinated with the
requirements of this chapter:land clearing;grading;subdivision or short subdivision;building permit;planned unit
development(if permitted by the city code);shoreline substantial development;variance;conditional use permit;
and any other permits that may lead to the development or alteration of land.
C.Administrative actions,such as rezones,annexations,and the adoption of plans and programs,shall be subject to
the requirements of this chapter.However,the director may,using discretion,permit any studies or evaluations
required by this chapter to use methodologies and provide a level of detail appropriate to the administrative action
proposed.(Ord.6187§3,2008;Ord.5991 §3,2006;Ord.5894§ 1,2005.)
16.10.040 Exemptions and nonconforming uses.
A.The following activities performed on sites containing critical areas as defined by this chapter shall be exempt
from the provisions of this chapter:
1.Existing and ongoing agricultural activities,as defined in this chapter;
2.Activities involving artificially created wetlands or streams intentionally created from nonwetland sites,
including but not limited to grass-lined swales,irrigation and drainage ditches,retention or detention facilities,
and landscape features,except wetlands or streams created as mitigation or that provide critical habitat for
salmonids and except when the site contains another critical area;
3.Normal and routine maintenance,operation,repair and reconstruction of existing roads,streets,utilities and
associated structures;provided,that reconstruction of any structures may not increase the impervious area and
may not cause further encroachment on the critical area or its buffer,and may not result in adverse impacts to
surface water and ground water quality.Operation and maintenance includes vegetation management
performed in accordance with best management practices that is part of ongoing maintenance of structures,
infrastructure,or utilities;provided,that such management actions are part of regular and ongoing maintenance,
do not expand further into the critical area,are not the result of an expansion of the structure or utility,and do
not directly impact an endangered or threatened species;
4.Minor Utility and Street Projects.Utility or street projects which have minor or short duration impacts to
critical areas,as determined by the director in accordance with the criteria below,and which do not
significantly impact the functions or values of a critical area(s);provided,that such projects are constructed
with best management practices and additional restoration measures are provided.Minor activities shall not
result in the transport of sediment or increased storm water.Such allowed minor utility projects shall meet the
following criteria:
a.There is no practical alternative to the proposed activity with less impact on critical areas;
b.The activity involves the placement of underground piping,conduit,traffic signal equipment,lighting
equipment,utility pole(s),signs,anchor,or vault or other small component of a utility or street facility;
5.Normal maintenance,repair and reconstruction of residential or commercial structures,facilities and
landscaping;provided,that reconstruction of any structures may not increase the previous floor area;
6.The addition of floor area within an existing building which does not increase the building footprint;
7.Additions to a legally established single-family residential structure in existence before May 13,2005,
located within a wetland or stream buffer may be permitted if all of the following criteria area met:
a.The addition is no greater than 500 square feet of building footprint over that in existence as of May 13,
2005;
b.The addition is not located closer to the critical area than the existing structure;
c.Impacts on critical area functions are avoided consistent with the purpose and intent of this title and as
demonstrated in a critical areas report by a qualified consultant;and
Exhibit B-Ordinance No. 6733 Page 12 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
d.There are no changes in slope stability,flood conditions or drainage;
8.Site investigative work and studies that are prerequisite to preparation of an application for development
authorization including soils tests,water quality studies,wildlife studies and similar tests and investigations;
provided,that any disturbance of the critical area shall be the minimum necessary to carry out the work or
studies;
9.Educational activities,scientific research,and outdoor passive recreational activities,including but not
limited to interpretive field trips,birdwatching and hiking,that will not have a significant effect on the critical
area;
10.Emergency activities necessary to prevent an immediate threat to public health,safety,property or the
environment which requires immediate action within a time too short to allow full compliance with this chapter
as long as any alteration undertaken pursuant to this subsection is reported to the city as soon as possible.Only
the minimum intervention necessary to reduce the risk to public health,safety or welfare and/or the imminent
risk of damage to private property shall be authorized by this exemption.The director shall confirm that an
emergency exists or existed and determine what,if any,additional applications and/or measures shall be
required to protect the environment consistent with the provision of this section and to repair any damage to a
pre-existing resource;
11.Activities affecting previously legally filled wetland _ •: . - •- - -
... :- • . . •
, _ _ _ - • _ _ . -
12.Activities in storm and water quality basins and"wetlands"created by poorly maintained or plugged
culverts or lines,and artificially created ditches that are not used by salmonids;
13.Minor activities not mentioned above and determined by the director to have minimal impacts to a critical
area.
B.Notwithstanding the exemptions provided by this subsection,any otherwise exempt activities occurring in or near
a critical area shall comply with the purpose and intent of these standards and shall consider on-site alternatives that
avoid or minimize significant adverse impacts.
C.Exempt activities occurring in flood hazard areas shall not alter flood storage capacity or conveyance except in
conformance with floodplain drainage requirements of Chapter 15.68 ACC.
D.No property owner or other entity shall undertake exempt activities in subsections(A)(2),(7)or(13)of this
section without first providing 14 days'notice to the city in writing and receiving confirmation in writing that the
proposed activity is exempt.In case of any question as to whether a particular activity is exempt from the provisions
of this section,the director's determination shall govern and shall be confirmed in writing.
E.An established use or existing structure that was lawfully permitted prior to May 13,2005,but which is not in
compliance with this chapter,shall be deemed a nonconforming use as defined in ACC 18.04.650.Unless otherwise
provided for,existing structures,which intrude into critical areas buffers,shall not be reconstructed in such a
manner that results in the further intrusion into the buffer area.Structures or developments that are nonconforming
solely due to being contrary to the provisions of this chapter shall not be subject to the nonconforming use
provisions of Chapter 18.54 ACC.(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 department of 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
• Exhibit B - Ordinance No. 6733 Page 13 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
standards of this section,the criteria,definition,and standards shall prevail.(Ord.6287 §2,2010;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.)
C.Compliance with the provisions of this Chapter does not constitute compliance with other federal,state,and local
regulations and permit requirements that maybe required(for example,Shoreline Substantial Development Permits,
Hydraulic Project Approval(HPA)permits,Army Corps of Engineers Section 404 permits,National Pollutant
Discharge Elimination System(NPDES)permits).The applicant is responsible for complying with these
requirements,apart from the process established in this Chapter.Where applicable,the director will encourage use
of information such as permit applications to other agencies or special studies prepared in response to other
regulatory requirements to support required documentation submitted for critical areas review.
16.10.070 Critical area review process and application requirements.
A.Pre-Application Conference.A pre-application conference is available and 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 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 floodplain development permits or shoreline substantial
development permits,shall continue to be required.(Ord.6295 §4,2010;Ord.5894§ 1,2005.)
Exhibit B- Ordinance No. 67331 Page 14 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
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-ted department of community development-depaftment.
C.Wetland Classification. _ •,•. • = . -. _• ' -: :• •�
• _ •-= • • • - •:-.Wetlands ins-shall be rated according to
incorporate-the Washington Department of Ecology State Wwetlands gating Ssystem,as set forth in the —fec-
Western Washington State Wetland Rating System for Western Washington:2014 Update((Depaftment of Ecologyr
4004 Publication no. 14-06-029,or as revised and approved by Ecology).Publication N 01 06 025) .vim
aet ies.Wetland rating categories shall not change due to illegal modifications.
1."Category I wetlands"afe-thoseinclude wetlands which :represent unique
or rare wetland types,are more sensitive to disturbance than most wetlands,are relatively undisturbed and
contain ecological attributes that are impossible to replace within a human lifetime,or provide a high level of
functions,as indicated by a rating system score of 23 points or more on the classification system referenced
above.
d.Are providing a high level of functions, scoring 70 points or more out of 100(DOE Wetlands Rating
System,2001);or
2."Category II wetlands"ace: •_ _ ••_ . _ • . - •- •• _• __ -
a-Pprovide high levels of some functions,being difficult,though not impossible to replaceand;have aef-a
moderately high level of functions,scoring between 20 and 22 points.
Rating System 20101)
3."Category III wetlands"have a score between 16 and 19 points,generally have been disturbed in some way
and are often less diverse or more isolated from other natural resources in the landscape than Category H
•
Exhibit B-Ordinance No. 6733 Page 15 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
wetlands. -._ . . _ • .. . •. . - •. -. _ - . . • •• -
€ellewing-opiterier
4."Category IV wetlands" -. - •. _ . .. •. _- _ - -1 _ :•:have the lowest levels of
functions,scoring fewer than 16 points and are often heavily disturbed.These are wetlands that should be able
to be replaced.or in some cases be improved.However,experience has shown that replacement cannot be
guaranteed in any specific case.These wetlands may provide some important functions,and should be
protected to some degree.
Systen 01).
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 classified according to the water typing system as provided in WAC 222-
16-030,as amended,and designated as Class IType S,Glass-I Type F,Class IIIType Np,and Class-IVType Ns-
1."Class I Type S streams"are those natural streams identified as"shorelines of the state"under Chapter 90.58
RCW and the city of Auburn shoreline master program.
2."Class IlType F 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."GlassType Np streams"are those natural streams with perennial(year-round)or intermittent flow and do
not contain fish habitat.
4."Class IV Type Ns 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:
Exhibit B- Ordinance No. 67331 Page 16 of 36 •
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
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;
c.Category I wetlands,as defined in these regulations;or
d.Class ITvpe S 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 habitat"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.Aquifer Recharge Areas.The following areas are hereby
designated as aquifer recharge areas subject to review under this chapter,
Preteet-i-en-areasT-
Type I.
•
•
._ ... . - - - - - •-.- _ _. ".._. _ " .
the-aquifeF:
1.Sole source aquifers and wellhead protection areas designated pursuant to the Federal Safe Drinking Water Act.
2.Areas established for special protection pursuant to a ground water management program as described by
Chapters 90.44.90.48 and 90.54 RCW and Chapters 173-100 and 173-200 WAC.
3.Any other area meeting the definition of"areas with a critical recharging effect on aquifers used for potable
water"as described in Chapter 365-190 WAC and the Auburn comprehensive plan.including ground water
protection areas#1-3 as designated in the"Water Resource Protection Report"prepared for the City by the Pacific
Groundwater Group.December 2000.
• Exhibit B-Ordinance No. 67331 Page 17 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
Type II
1.Ground water protection area#4 as designated in the"Water Resource Protection Report"prepared for the city by
the Pacific Groundwater Group,December 2000.
2.Any other area within the city that is not otherwise designated or that is added to the city via annexation shall be
treated as a Type H aquifer recharge area.
G.Geologically Hazardous Classifications.Geologically hazardous 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 II,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.
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 1V/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.6287§2,2010;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 easwetlands,streams,wildlife habitat,and
geologically hazardous 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
geologically hazardous 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:
Exhibit B-Ordinance No. 67331 Page 18 of 36 •
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
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 approved federal Wetlands
Ddelineation Manual and the Western Mountains,Valleys,and Coast Regional supplement.Wetland
delineations are valid for five years:after such date the City shall determine whether a revision or additional
assessment is necessary;
2.Stream buffers—the buffer shall be measured perpendicular from the ordinary high water mark;
3.Geologically hazardous 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.
D.Buffer Width Variances.A variance from buffer width requirements may be granted by the city subject to the
variance criteria set forth in ACC 16.10.160.Minor variances,defined as up to and including 10 percent of the
requirement,shall be considered by the director.Variance requests which exceed 10 percent shall be considered by
the hearing examiner.
E.Buffer widths shall be established for specific critical areas according to the following standards and criteria:
1.Wetland buffers shall be established asf s:per the following table.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.
Minaimum Buffer Width(in feet)
Minimum Buffer Width(in feet)with without Minimization Measures listed in
Minimization Measures listed in ACC ACC 16.10.090(E1(2)
16.10.090(E)(2)
Wetland Category
Habitat Score* Habitat Score*
Low(3-5) Medium(6-7) High(8-9) Low(3-5) Medium(6-7) High(8-9)
Category I 100-feet75 110 225 200-feet100 150 300
Category II 39-feet75 110 490-feet100 jjg 300
Category III 33-feet60 110 225 39-feet80 1119
Category IV 25 f et40 40 40 39-feet50 50 50
*As determined per ACC 16.10.080(C).
a. Standard buffer widths as noted in subsection(E)(1)in the Table heading"Without Minimization
Measures"of this section may be reduced to the buffer width in the Table heading"With Minimization
Measures",if all of the following minimization measures are implemented and as follows:
i.For wetlands that score 6 points or more for habitat function,a relatively undisturbed,vegetated
corridor at least 100 feet wide is protected between the wetland and any other Priority Habitats as
defined by the Washington State Department of Fish and Wildlife.The corridor must be protected for
the entire distance between the wetland and the Priority Habitat consistent with ACC 16.10.110(D).
Presence or absence of a nearby habitat must be confirmed by a qualified biologist
ii.For wetlands that score 3-5 habitat points,on the minimization measures are required.
Disturbance Required Measures to Minimize Impacts
Lights -Direct lights away from wetland
Exhibit B-Ordinance No. 6733 Page 19 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
Noise -Locate activity that generates noise away from wetland
-If warranted,enhance existing buffer with native vegetation plantings adjacent to noise source
-For activities that generate relatively continuous,potentially disruptive noise,such as certain heavy
industry or mining,establish an additional 10'heavily vegetated buffer strip immediately adjacent to
the activity
Toxic runoff -Route all new,untreated runoff away from wetland while ensuring wetland is not dewatered
-Establish covenants limiting use of pesticides within 150 ft of wetland
-Apply integrated pest management
Stormwater Runoff Retrofit stonnwater detention and treatment for roads and existing adjacent development
-Prevent channelized flow from lawns that directly enters the buffer
-Use Low Intensity Development techniaues
Change in water regime -Infiltrate or treat,detain,and disperse into buffer new runoff from impervious surfaces and new
lawns
Pets and human disturbance -Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance
using vegetation appropriate for the ecoregion
-Place wetland and its buffer in a separate tract or protect with a lone term conservation easement
Dust -Use best management practices to control dust
ab.Buffer width-averaging to improve wetland protection may be permitted when all of e-allowed
:;-Z- • = the following conditions are met:
i. ::: __ :. r • - • 1. • - -_- . _. . _ •_ •• _
_.._ • _ • .. _ : :; : The wetland has significant differences
in characteristics that affect its habitat functions,such as a wetland with a forested component adjacent
to a degraded emergent component or a"dual-rated"wetland with a Category I area adjacent to a
lower-rated area.
ii.The project includes-a-buffer is increased adjacent to the higher-functioning area of habitat or more-
sensitive portion of the wetland and decreased adjacent to the lower-functioning or less-sensitive
portion as demonstrated by a critical areas report from a qualified wetland professional.enhancement—
:
iii.The total area of the buffer after averaging is equal to the area required without averaging acreage-
Exhibit B-Ordinance No. 6733 Page 20 of 36 •
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
iv.The buffer at its narrowest point is never less than either 75 percent of the required width or 75 feet
for Category I and II,50 feet for Category III,and 25 feet for Category IV,whichever buffer is greater.
25 feet.
Elc.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—
. Y .. _..
. • . . . .. . _ •_ . ._ ._. _. ._ . -- _ . . ._ .. _ . _ �:� d
trails Trails and easements should be limited to minor crossings having no adverse impact on water
quality.They should be generally parallel to the perimeter of the wetland,located only in the outer 25
percent of the wetland buffer area,and located to avoid removal of significant trees.Trails They-should be
limited to pervious surfaces no more than 8 feet in width for pedestrian use only.Raised boardwalks
utilizing non-treated pilings may be acceptable.
ed.Where existing buffers are degraded,the director may allow limited filling within the buffer when the
applicant demonstrates that the buffer will 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.
Y _
Y '
invests:
2.Stream buffers shall be established as follows:
Minimum
Buffer Width_
Stream C-IessTvae (in feet)
Clacs I 109-feetPer
.. __ .. . Tyne S SMP
Exhibit B-Ordinance No. 6733 Page 21 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
Minimum
Buffer Width_
Stream C-InssTvpe in feet
Class-El-Tune F 75 feet100
Class I1Tvpe No 25 feet Q
Class-P/Tvpe Ns 25 feet 50
a.The applicable minimum buffer for Class IType S streams .-• :- •- - - _ :• :_ - .: •
_ _ _ . _ .. • : is listed in the city's shoreline master program(SMP).
b.The buffer widths required in this section may be increased by the director up to a maximum of 50
percent for ype F,and Ns streams and up to 100 percent for Clan III Type Np 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.
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
Exhibit B Ordinance No. 67331
—_ Page 22 of 36 •
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
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 IlTvpe F and Class III Type Np 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 atter 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 325 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 33-25 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 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.
r
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
Exhibit B- Ordinance No. 6733 Pape 23 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
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.
• :
4.Geologically Hazardous Areas.
a.Required buffer widths for geologically hazardous areas shall reflect the sensitivity of the geologically
hazardous 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
geologically hazardous 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 geotechnical 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
geotechnicallegie 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.)
16.10.100 Alteration or development of critical areas—Standards and criteria—Prohibited Uses.
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 ACC 16.10.110,and the performance
standards of ACC 16.10.120 and the monitoring requirements of ACC 16.10.130.
A.Wetlands.
1.Category I Wetlands.Alterations of Category I wetlands shall be avoided subject to the reasonable use
provisions of this chapter.
2.Category H 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 III 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
Exhibit B- Ordinance No. 6733 Page 24 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
c.No net loss of wetland functions and values may occur.
d.The following wetlands may be exempt from the requirement to avoid impacts and they may be filled if
the impacts are fully mitigated based on the remaining actions.If available,impacts should be mitigated
through the purchase of credits from an in-lieu fee program or mitigation bank,consistent with the terms
and conditions of the program or bank.Mitigation requirements may be determined using the credit/debit
tool described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western
Washington:Final Report(Ecology Publication#10-06-011,or as revised and approved by Ecology).In
order to verify the following conditions,a critical area report for wetlands meeting the requirements in
ACC 16.10.060 must be submitted.
i.All non-federally regulated Category IV wetlands less than 4,000 square feet that:
(A)Are not associated with riparian areas or their buffers
(B)Are not associated with shorelines of the state or their associated buffers
(C)Are not part of a wetland mosaic
(D)Do not score 6 or more points for habitat function based on the 2014 update to the Washington
State Wetland Rating System for Western Washington:2014 Update(Ecology Publication#14-06-
029,or as revised and approved by Ecology).
(E)Do not contain a Priority Habitat or a Priority Area for a Priority Species identified by the
Washington Department of Fish and Wildlife,do not contain federally listed species or their
critical habitat,or species of local importance identified in ACC 16.10.080(E).
ii.Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed
species or their critical habitat are exempt from the buffer provisions contained in this Chapter.
B.Streams.
1.Relocation of a Glass-lITvpe F,IBN&and TRZNs 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 ITvpe S 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 IVType F.Type Np,and Type Ns streams;
b.When fish passage will not be impaired;
c.When the following design criteria are met:
i.Aver-sized-All new culverts will-shall be-installed designed following guidance provided in the
Washington Department of Fish and Wildlife's document:Water Crossing Design Guidelines,2013
(or most recent version thereof).The applicant shall obtain a HPA from the Department of Fish and
Wildlife;
ii.Culverts will include gradient controls and creation of pools within the culvert for Class-HType F
streams;
iii.Gravel substrate will be placed in the bottom of the culvert to a minimum depth of one foot for
Class IlType F and Class III Type Np streams;
• Exhibit B-Ordinance No. 6733 Page 25 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
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.This responsibility shall be part of the required long term
preservation measure and may be subject to securing al I the necessary approvals for any ongoing
maintenance.
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,subject to the reasonable use provisions of
this chapter.
2.Secondary Habitat.Alterations of secondary habitat may be permitted;provided,that the applicant mitigates
adverse impacts consistent with the performance standards of ACC 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. Aquifer Recharge Areas.guests te-establish-The following land uses and activities
applied for on or after the effective date of the ordinance codified in this chapter,as amended,shall be prohibited in
. _ . . __ •. .•: , , :-: :Type I aquifer recharge areas:
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 246-272A 01001)except as related to R-RC,presidential
conservancy zoned properties;and properties located within sole source aquifer(community well sites not
classified as groundwater protection areas)5-and 10-year time of travel areas.On-site sewage systems may be
allowed in instances that there are no other means of sewage disposal and the applicant can demonstrate to the
King County Health Department.that the system can meet treatment standard N,as provided in WAC chapter
246-272A-0110.Should an on-site sewage system be unable to meet these requirements.the applicant may
apply for a critical areas variance in accordance with this chapter.
7.Recycling facilities that accept,store,or use hazardous-mateFialst substances as defined in WAC 173-218-
030.
8.Underground storage of hazardous motels-substances as defined in WAC 173-218-030,excluding the
underground storage of petroleum and other regulated-substances as regulated by Chapter 173-360A WAC;
9.Use,storage,treatment,or production of perchlorethylene(PCE)or tetrachloroethvlene(FERC),other than
in closed-loop systems that do not involve any discharge of PCEchemicals;
10.Petroleum refining,reprocessing,and storage.excluding the underground storage of petroleumproducts
and other substances as regulated by Chapter 173-360A WAC;
Exhibit B Ordinance No. 6733 Page 26 of 36
1
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
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.Geologically Hazardous Areas.
1.General Standards.The city may approve,condition or deny proposals for the alteration of geologically
hazardous 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 subject to the reasonable use provisions
of this chapter.
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 geological hazardous 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 geotechnicallegis- -d
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 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 geologically hazardous 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.)
Exhibit B-Ordinance No. 6733 Page 27 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
16.10.110 Mitigation standards,location,and timina,CA-ter-fa-1N etland replacement ratios.and plan-long
term protection 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 when ecologically preferable to other identified alternatives.
Mitigation may be allowed off site when it is determined by the department Director that on-site mitigation is
not ecologically preferable to other identified alternatives,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.If it is determined that on-site mitigation is not ecologically preferable to
other identified alternatives,mitigation shall be provided in the same drainage basin as the permitted activity on
property owned,secured,or controlled by the applicant,or provided by the applicant using alternative
mitigation options such as mitigation banking or in-lieu fee programs.The mitigation should result in no net
loss to the critical area functions impacted and associated watershed.Where mitigation is authorized to be
located outside the city limits,the applicant shall assure to the satisfaction of the department director that other
requirements of this chapter will be met,including but not limited to,monitoring and maintenance.
2.In-kind mitigation shall be provided except when the applicant demonstrates,and the department director
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 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. - -_: : ':_: : _. __:- ` _ -.:- •' --. __ •t• - : -.
seetion,,u n 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.
Exhibit B- Ordinance No. 6733 Page 28 of 36 •
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
3.Category IV wetlands can be mitigated by either:(a)meeting one of the replacement ratios(tselisted in the
following table);or(b)filled and implementing consistent with 16.10.100(A)(3)(d`NvIlich ensu_ec
We land Wetland-Creation Ratio- Rehabilitation
Category and (Aeres)or Re-establishment
e of Wetland Enhancement-Ratio-
Wetland (Aeres)
Category I: 64 Not considered possible Case by case 12:1Case by case
Bog.Natural
Heritage Site
Category I: ja 12:1 24:I
Mature
Forested
Category I: 4:1 8:1 16:1
Based on
functions
Category II Ferested 6:1 412:1
3:1
Scrub/Shrub 24 44
Emergent 24 44
Category III Ferested 4:1 68:1
23:1
Sswb/Slxub 24 44
Emergent 2+1 44
Category IVA 1.25:1A 3:1D.Long-term protection of regulated wetlands,streams,wildlife habitat areas,geologically
hazardous areas,aquifer recharge areas,and anv associated buffer(s)shall be provided by one of
the following methods:
1.41-For subdivisions,short subdivisions,and binding site plans,the critical area and its buffer
shall be plaserotected long-term by one of the following measures in the following order of
preference:
a.The critical area and its buffer shall be placed in a separate tract on which development
is prohibited and a note shown on the face of the plat indicating that the homeowners or
homeowners' association is responsible for maintenance of the tract.If the City agrees to
accept dedication of the tract,a City-approved note shall be shown on the face of the plat
indicating that the City is responsible for long term ownership and maintenance of the
tract and there shall be adequate provisions for City access to the tract from a public
street,as approved by the director.
b.The critical area and its buffer shall be 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.Access to the easement
must be assured from the public street.
Exhibit B-Ordinance No. 67331
• Page 29 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
2.For all other developments.The critical area and its buffer shall be 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 legal
description,depicted location,ead-limitationsassociated with the critical area and its buffer,
and access from the public street shall be sincluded within the easement document.-
.-_ _ _ . _.: _ : •_ _ ___ . .•: The easement provisions shall be
reviewed and acceptable to the City prior to recordeding with the King County Recorder or
Pierce County Auditor. •.• : . • . -. !-::- = - . - .
(Ord.6476§1,2013;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 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 and responsible party to maintain
unless a sufficient naturally-occurring source of water is demonstrated.Temporary irrigation facilities shall be
removed after the time specified by the qualified consultant;
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;
Exhibit B - Ordinance No. 6733 Page 30 of 36 •
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
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 consultant's participation will include site visits to
inspect completed rough and final 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:
Sensitive Area Boundary'—'
"Do Not-DisturbHelp protect and care for this area.Trampling or cutting vegetation,placing
fill or garbage.and any other activities that may disturb the sensitive area are prohibited,as
regulated under Auburn City Code Chapter 16.10.
Please contact City of Auburn at 253-931-3090 with questions or concerns."
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.
Exhibit B-Ordinance No. 6733 Page 31 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
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.
iv.Fencing shall include a permanent natural wood split-rail fence,such as cedar or other non-pressure
treated wood with fence posts be set in concrete footings.or similar,as approved by the director.
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:1 V)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 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:
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 ACC
16.10.070.
D.Geologically Hazardous 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 geologically hazardous
areas:
Exhibit B- Ordinance No. 6733 Page 32 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
a.A geotechnical legis-fid-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 geotechnicallegie-
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. Aquifer Recharge Areas.24igatien-plan-is Protective measures are required of all
development except an individual single-family or two-family(duplex)dwelling unit.
Development applications shall include the following minimum measures and incorporate the appropriate responses.
1. _ :. . . _ • . 3t •. _. - , . : Type I Aquifer Recharge Areas.
a.Indicate how hazardous materials substances shall be stored and used such that any unauthorized release
or discharge of the hazardous materials-substances is prevented.
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-substances 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 implementation of the-mitigation-plan protective measures will be kept up
to-date maintained during the life of the project.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-
substances management.A copy of the plan is to be available for review by city inspectors at the business
•
Exhibit B Ordinance No. 6733 Page 33 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
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. Type II Aquifer Recharge Areas.Business Property 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 photo_points 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 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 mitigation monitoring plan.The qualitative and/or
quantitative performance standards shall generally address the following subject areas:
a.Requirements for survival of plantings;
b.Requirements for plant density or percent cover by plants;
c.Requirements for plant diversity(species composition diversity,structural diversity—tree,shrub,and
groundcover lavers,deciduous and evergreen,etc.);
d,Requirements that are staged over time so that different performance standards must be met as the
mitigation area matures;
e.Measures to verify that the type and amount of functional areas that are part of the mitigation plan are
successfully established(e.g.identify steps that will be implemented to confirm that the amount and type
of created wetland meets the criteria of a wetland);
f.Requirements specifically limiting occurrence of exotic and nuisance plant species'
g.Requirements for ongoing preservation and protection measures such as continued existence in good
condition of fencing and critical area signage.Also,avoidance of disturbance,trampling and the
accumulation of litter or debris within the critical area wand its buffer.
Exhibit B- Ordinance No. 67331 Page 34 of 36 •
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
5.Monitoring programs for a minimum period of three-five years for buffer enhancement and
or-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 or longer monitoring periods may be required on a
case-by-case basis for more complex mitigation plans(e.g.ten years or more when forested or scrub-shrub
wetlands are the intended result);
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 of€rem 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.)
16.10.150 Reasonable use provision.
A.The standards and requirements of these regulations are not intended,and shall not be construed or applied in a
manner,to deny all reasonable use of private property.If an applicant demonstrates to the satisfaction of the hearing
examiner that strict application of these standards would deny all reasonable economic use of a property,
development may be permitted subject to appropriate conditions.
B.Applications for a reasonable use exception shall be processed as a Type III decision,pursuant to ACC 14.03.030
and Chapter 2.46 ACC.
C.An applicant for relief from strict application of these standards shall demonstrate that all of the following criteria
are met:
1.No reasonable use with less impact on the critical area and its buffer is possible.
There is no feasible and reasonable on-site alternative to the activities proposed,considering possible changes
in site layout,reductions in density and similar factors,that would allow a reasonable and economically viable
use with fewer adverse impacts;
2.The proposed activities,as conditioned,will result in the minimum possible impacts to affected critical areas;
3.All reasonable mitigation measures have been implemented or assured;
4.The inability to derive reasonable use is not the result of the applicant's actions or that of a previous property
owner,such as by segregating or dividing the property and creating an undevelopable condition;and
Exhibit B-Ordinance No. 6733 Page 35 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
5.The applicant shall demonstrate that the use would not cause a hazard to life,health or property.
D.Any alteration of a critical area approved under this section shall be subject to appropriate conditions and will
require mitigation construction authorized by mer an approved mitigation plan.
E.The burden of proof shall be on the applicant to provide evidence in support of the application and to provide
sufficient information on which any decision has to be made.
FF.Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise
required for a proposal by applicable city codes.
FG.Except when application of this title would deny all reasonable use of a site,an applicant who seeks an
exception from the regulations of the title shall pursue a variance as provided in ACC 16.10.160.(Ord.6442§ 13,
2012;Ord.5894§ 1,2005.)
16.10.160 Variances.
Applications for variances to the strict application of the terms of this chapter to a property may be submitted to the
city.Minor variances,defined as up to and including 10 percent of the requirement,may be granted by the director
as a Type II decision as defined by Chapter 14.03 ACC.Variance requests which exceed 10 percent may be granted
by the hearing examiner as a Type III decision,pursuant to ACC 14.03.030 and Chapter 2.46 ACC.Approval of
variances from the strict application of the critical area requirements shall conform to the following criteria:
A.There are unique physical conditions peculiar and inherent to the affected property which make it difficult or
infeasible to strictly comply with the provisions of this section;
B.The variance is the minimum necessary to accommodate the building footprint and access;
C.The proposed variance would preserve the functions and values of the critical area,and/or the proposal does not
create or increase a risk to the public health,safety and general welfare,or to public or private property;
D.The proposed variance would not adversely affect surrounding properties adjoining;
E.Adverse impacts to critical areas resulting from the proposal are minimized;and
F.The special circumstances or conditions affecting the property are not a result of the actions of the applicant or
previous owner.(Ord.6442§ 14,2012;Ord.5894§ 1,2005.)
16.10.170 Special exception for public agencies and utilities.
A.If the application of this chapter would prohibit a development proposal by a public agency or public utility,the
agency or utility may apply for an exception pursuant to this section.
B.Exception Request and Review Process.An application for a public agency and utility exception shall be made to
the city and shall include a critical area identification form;critical area report,including mitigation plan,if
necessary;and any other related project documents such as permit applications to other agencies,special studies,
and environmental documents prepared pursuant to the State Environmental Policy Act(Chapter 43.21C RCW and
Chapter 197-11 WAC).The director shall prepare a recommendation to the hearing examiner based on review of the
submitted information,a site inspection,and the proposal's ability to comply with public agency and utility
exception review criteria in subsection D of this section.
C.Hearing Examiner Review.The hearing examiner shall review the application and director's recommendation,
and conduct a public hearing pursuant to the provisions of Chapter 2.46 ACC.The hearing examiner shall approve,
approve with conditions,or deny the request based on the proposal's ability to comply with all of the public agency
and utility exception criteria in subsection D of this section.
D.Public Agency and Utility Review Criteria.The criteria for review and approval of public agency and utility
exceptions follow:
1.There is no other practical alternative to the proposed development with less impact on critical areas;
Exhibit B - Ordinance No. 67331 Page 36 of 36
Auburn Municipal Code
Chapter 16.10 CRITICAL AREAS
2.The application of this chapter would unreasonably restrict the ability to provide utility services to the
public;
3.The proposal does not pose an unreasonable threat to the public health,safety,or welfare on or off the
development proposal site;
... •_.. _ . .. . . .. : .The proposal protects critical area functions and values to the extent
feasible and provides for mitigation in accordance with the provisions of this chapter;and
5.The proposal is consistent with other applicable regulations and standards.
E.Burden of Proof.The burden of proof shall be on the applicant to bring forth evidence in support of the
application and to provide sufficient information on which any decision has to be made on the application.(Ord.
6442§ 15,2012;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.)