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ORDINANCE NO. 5894
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON ADOPTING A NEW CHAPTER 16.10 TO
THE CITY OF AUBURN CITY CODE ENTITLED "CRITICAL AREAS"
WHEREAS in 1995 the GMA was amended to require counties and cities to
include the best available science in developing policies and development
regulations to protect the functions and values of critical areas; and,
WHEREAS RCW 36.70A.130(4) requires that counties and cities to take
action to review and, if needed, revise their development regulations to ensure the
development regulations meet the requirements of Chapter 36.70A RCW; and,
WHEREAS, the City of Auburn conducted a "consistency" review of its
development regulations and identified areas to be addressed to ensure compliance
with the Growth Management Act, as amended; and
WHEREAS, as a result of the consistency review, the City of Auburn identified
an update to its critical areas regulations as the development regulation requiring
amendment to satisfy the GMA update requirements of RCW 36.70A.130(4); and,
WHEREAS, the City of Auburn initially began a process to draft updated
critical areas regulations in 1999; and,
WHEREAS, prior to holding public hearings numerous study sessions were
held with Planning Commission in the development of the updated and revised
critical areas regulations; and,
WHEREAS, after proper notice published in the City's official newspaper at
least ten (10) days prior to the date of the public hearings, the City of Auburn
Planning Commission on August 3,2004, September 7,2004 and November 3,2004
conducted separate public hearings on the proposed critical areas ordinance; and,
WHEREAS, at the public hearings the City of Auburn Planning Commission
heard public testimony and took evidence and exhibits into consideration; and,
WHEREAS, said exhibits included a document entitled "City of Auburn Best
Available Science White Paper, Auburn, Washington Review of Environmental
Regulations and Permitting" prepared by MCS Environmental dated October 21,
2004 which reviewed best available science for buffer widths for certain critical areas;
and,
WHEREAS, thereafter on November 3,2004 the Auburn City Planning
Commission made a recommendation to the City Council on the proposed critical
areas ordinance; and,
WHEREAS, following the Planning Commission recommendation the
Planning and Community Development Committee of the Auburn City Council
reviewed the proposed critical areas ordinance on November 8, 2004, November 22,
2004, December 13, 2004, January 10, 2005, January 24, 2005, March 14, 2005,
March 28, 2005, April 11 , 2005 and April 25, 2005; and,
WHEREAS, after due consideration and review of the Planning Commission
recommendation and public testimony, the Planning and Community Development
Committee of the Auburn City Council did, on April 25, 2005, make a
recommendation to the City Council; and,
WHEREAS, the City of Auburn is pursuing a project entitled the Auburn
Environmental Park (AEP) which is just one example demonstrating the City's on-
going commitment to environmental protection and enhancement of critical areas for
the public benefit; and,
WHEREAS, the City of Auburn is in the process of providing both stream and
wetland improvements to Olson CreeklWetland, which provides cool, clean water,
spawning and refuge habitat and other functions along the Green River system; and,
WHEREAS, the City of Auburn's adopted Six Year Capital Facilities Plan
identifies program improvements to promote environmental quality including, but not
limited to, the Auburn Environmental Park (referenced above), storm drainage
regulatory improvements (to address comprehensive planning and/or regulatory
responses); water resource protection program to implement programs to protect city
water resources and vulnerability assessment recommendations for city water
resources; and,
WHEREAS, the City of Auburn has a longstanding history of successful
wetland mitigation including the Thormod wetland site, the Aero-Controls wetland
mitigation site, and the Anglo- America Insurance Auto Auction site; and,
WHEREAS, certain mitigation sites in Auburn have been used for site visits
and training opportunities and are viewed as a model for successful wetland
mitigation efforts; and,
WHEREAS, sites within the City of Auburn are sought for wetland mitigation
by public agencies including two wetland mitigation projects completed by
Washington State DOT and another under construction by the Port of Seattle; and,
WHEREAS, the City's successful record of wetland mitigation is due to factors
such as the presence on the valley floor of alluvial soils that have been previously
disturbed as farm land and easily revert to hydric soil conditions, the presence of
hydrology capable of sustaining wetlands due to the local influence of rivers,
floodplains and areas that can be minimally excavated to achieve groundwater
influence, and the prevalence of wetland adapted native plant species in nearby sites
and as a natural seed bank within area soils; and,
WHEREAS, consideration of said successful record wetland mitigation and
local natural features and conditions has been considered in the development of the
critical areas ordinance; and,
WHEREAS, the City Council and the Planning Commission each received
considerable public testimony, diverse and at times conflicting, regarding what
constitutes Best Available Science and what is the appropriate regulatory scheme for
the City to pursue with respect to the protection of critical areas; and,
WHEREAS, if a clear definition of Best Available Science existed then the
process of updating the City's critical areas regulations logically should not have
resulted in such varied testimony and information; and,
WHEREAS, were there a clear definition of Best Available Science then it
would have been expected that such direction and specificity would have been
included in the State legislation which required that it be considered in the
development of the critical areas update process; and,
WHEREAS, it became apparent throughout this process that Best Available
Science literature and conclusions are varied, oftentimes resulting in a disparity of
buffer width ranges given the specific nature and intent of the study, uses studied,
and its geographical applicability; and,
WHEREAS, by way of example, many of the available studies of critical areas
assess areas outside of the State of Washington and do not address highly
developed urban settings nor necessarily conditions specific or unique to an area
such as the Green River Valley (which has a high degree of success in wetland
mitigation efforts) and are therefore open to interpretation; and,
WHEREAS, viewing the City's critical areas regulations in isolation is not an
appropriate approach to determining the City's ability and commitment to protect
critical areas; and,
WHEREAS, the City of Auburn has several regulations in addition to the
critical areas ordinance that provide for environmental protection and natural
resource management including the City's Design and Construction standards which
address issues such as erosion control and surface water management, the City's
zoning code, subdivision code, Shoreline Master Program and the application of the
State Environmental Policy Act; and,
WHEREAS, the City of Auburn developed and adopted an optional
Environmental Element in its GMA Comprehensive Plan in 1995 that now consists of
89 policies related, but not limited, to wetlands, habitat, erosion hazard areas,
floodplain management, energy management, air quality, and endangered species
that provides a substantive basis under SEPA to further protect critical areas; and,
WHEREAS, the GMA (RCW 36.70A.020) identifies 14 State planning goals
intended to guide the preparation of comprehensive plans and development
regulations, several of which are furthered by this critical areas ordinance, including
goals related to the environment and open space and recreation; and,
WHEREAS, these State Planning goals also speak to issues such as reducing
sprawl, economic development, permits, property rights, affordable housing and
public facilities and services; and,
WHEREAS, the State planning goals reflect that the effort to update critical
areas regulations must be viewed in context of the larger comprehensive planning
scheme envisioned by the GMA and that striking a reasonable balance between
such goals is appropriate; and,
WHEREAS, the record not only includes public comments from environmental
interest groups but also includes testimony from organizations such as the Chamber
of Commerce, the School District, frequent customers of the city's permitting services
and building industry representatives that speak to the impact of critical areas
regulations and which testimony has direct bearing on furtherance of certain
statewide planning goals such as, for example, permit processing, the provision of
public facilities such as schools, economic development and housing; and,
WHEREAS, within the framework of regulatory predictability the critical areas
ordinance provides some level of flexibility in the application of buffers, both to
increase and decrease the buffer widths identified in the regulations depending on
site specific conditions; and,
WHEREAS, the provisions for increasing and/or decreasing buffers widths
contained within the critical areas ordinance relies on ensuring that critical area
functions and values within the larger ecosystem are identified and protected; and,
WHEREAS, this flexibility allows not only for the protection of the environment
but also allows the City to consider and weigh other GMA goals and regulatory
mandates cited above; and,
Whereas, one of the Auburn Comprehensive Plan (Auburn Comprehensive
Plan, Chapter 1, Framework Goal 2) framework goals speaks to flexibility in land use
regulations and states;
"To provide predictability in the regulation of land use and development, especially where
residential uses are affected, but to also provide flexibility for development through
performance standards that allow development to occur whiie still protecting and enhancing
natural resources, cultural resources and critical lands and in overall compliance with this
Comprehensive Plan."; and
WHEREAS, one of the Auburn Comprehensive Plan framework goals (Auburn
Comprehensive Plan, Chapter 1, Framework Goal 17) speaks to economic
development and states
"To ensure the long term economic health of the City and the region through a diversified
economic base which supports a wide range of employment opportunities for Auburn's
residents and those of the region and through the promotion of quality industrial and
commercial development which matches the aspirations of the community."; and
WHEREAS, one of the Auburn Comprehensive Plan framework goals (Auburn
Comprehensive Plan, Chapter 1, Framework Goal 18) speaks to Environment and
Natural Resources and states,
"To maintain and promote a safe and healthy environment, preserve the quality of life, and to
protect the area's most unique, sensitive and productive natural resources. To encourage
natural resource industries within the City to operate in a manner which enhances, rather than
detracts from, the orderly development of the City." and
WHEREAS, WAC 365-195-010 (3) states that major features of the GMA
framework includes "... that the process should be a "bottom up" effort... with the
central locus of decision-making at the local level"; and,
WHEREAS, after taking into consideration the State planning goals and the
City's Comprehensive planning framework, the City has developed critical areas
regulations that, when taking into consideration Best Available Science, local
environmental conditions, and other City regulations that serve to protect the
environment, will protect critical area functions and values, including habitat for
anadromous fish; and
WHEREAS, over time the City expects the body of Best Available Science to
evolve and grow, particularly with more information specific to the Puget Sound
Region given the requirement that best available science be included in the
development of critical areas regulations; and,
WHEREAS, the City will continue to monitor the Best Available Science and
consider amendments to the critical areas ordinance in the future should the science
provide evidence that such amendments are warranted; and,
WHEREAS, SEPA review (City SEPA file SEP04-0021) was conducted on the
critical areas ordinance with a Determination of Non-Significance issued July 20,
2004, a final DNS issued August 5,2004 with no appeals having been filed; and,
WHEREAS, the proposed Critical Areas Ordinance was sent to the State
Department of Community, Trade and Economic Development and other State
agencies for the 60-day review process in accordance with RCW 36. 70A.1 06 and
received by DCTED on June 18,2004;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. A new chapter 16.10 entitled Critical Areas and attached to this
ordinance as Exhibit "A" is adopted as part of to the Auburn City Code.
Section 2. If any section, subsection, sentence, clause, phrase or portion of
this Ordinance is for any reason held invalid or unconstitutional by any Court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity of the remaining
portions thereof.
Section 3. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 4. This Ordinance shall take effect and be in force five days from
and after its passage, approval, and publication as provided by law.
MAY - 2 2005
INTRODUCED:
PASSED;
MAY - 2 2005
MAY - 05
APPROVED:
PE
ATTEST:
iJA/:)t~iL~
Danielle E. Daskam,
City Clerk
Daniel B. Heid,
City Attorney
11¿..¿ù~ 5- 2 -ol-t7tJ 5-
Sections:
16.10.010
16.10.020
16.1 0.030
16.10.040
16.10.050
16.10.060
16.10.070
16.10.080
16.10.090
16.10.100
16.10.110
16.10.120
16.10.130
16.10.140
16.1 0.150
16.10.160
16.10.170
16.10.180
Chapter 16.10
CRITICAL AREAS
Purpose and Intent.
Definitions.
Applicability-Regulated Activities.
Exemptions and Non-Conforming Uses.
Critical Areas Maps.
Relationship to Other Regulations.
Critical Area Review Process and Application Requirements.
Classification and Rating of Critical Areas.
Buffer Areas and Setbacks.
Alteration or Development of Critical Areas-Standards and Criteria.
Mitigation Standards, Criteria and Plan Requirements.
Performance Standards for Mitigation Planning.
Monitoring Program and Contingency Plan.
Procedural Provisions.
Reasonable Use Provision.
Variances.
Special Exception for Public Agencies and Utilities
Severability.
Section 16.10.010
Purpose And Intent.
A. The City of Auburn contains numerous areas that can be identified and
characterized as critical or environmentally sensitive. Such areas within the City include
wetlands, streams, wildlife habitat, significant trees, geologic hazards, groundwater
protection areas, and flood hazards.
B. The City finds that these critical areas perform a variety of valuable and beneficial
biological and physical functions that benefit the City and its residents. Alteration of
certain critical areas may also pose a threat to public safety or to public and private
property or the environment. The City therefore finds that identification, regulation and
protection of critical areas are necessary to protect the public health, safety and general
welfare. The City further finds that the functions of critical areas and the purpose of
these regulations include the following:
Wetlands
1. Wetlands perform a variety of functions that include maintaining water
quality; storing and conveying stormwater and floodwater; recharging
groundwater; providing important fish and wildlife habitat; and serve as areas for
recreation, education and scientific study, and aesthetic appreciation.
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Ordinance No. 5894
May 2, 2005
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 trom harmful intrusion.
The primary goals of wetland regulation are to avoid adverse wetland impacts; to
achieve no net loss of wetland function and value - acreage may also be
considered in achieving the overall goal; to provide levels of protection that
reflect the sensitivity of individual wetlands and the intensity of proposed land
uses; and to restore and/or enhance existing wetlands, where possible.
Streams
2. Streams and their associated riparian corridors provide important fish and
wildlife habitat; help to maintain water quality; store and convey stormwater and
floodwater; recharge groundwater; and serve as areas for recreation, education
and scientific study and aesthetic appreciation. Stream buffers serve to moderate
runoffvolurne 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.
The primary goals of stream regulation are to avoid adverse impacts to streams
and associated riparian corridors; to achieve no net loss of functions and values of
the 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.
Wildlife Habitat
3. 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 neigbborhood separation and visual diversity within urban areas.
The primary goals of wildlife habitat regulation are to avoid adverse impacts to
critical habitats for fish and wildlife; to achieve no net loss of functions and
values of the larger ecosystem in which the wildlife habitat is located; to
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.
Groundwater Protection Areas
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Ordinance No. 5894
May 2. 2005
4. Groundwater protection areas provide a source of potable water and
contribute to stream discharge/flow. Such areas contribute to the recharge of
aquifers, springs and/or wells and are susceptible to contamination of water
supplies through infiltration of pollutants through the soil.
The primary goals of groundwater protection regulations are to protect
groundwater quality by maintaining the quantity of recharge; avoiding or limiting
land use activities that pose potential risk of aquifer contamination and; to
minimize or avoid adverse impacts to groundwater 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.
Geologic Hazard Areas
5. Geologic hazard areas include lands or areas characterized by geologic,
hydrologic and topographic conditions that render them susceptible to varying
degrees of risk oflandslides, erosion, seismic, or volcanic activity.
The primary goals of regulating geologic hazards are to avoid and minimize
potential impacts to life and property by regulating and/or limiting land uses
where necessary, and to conduct appropriate levels of analysis and ensure sound
engineering and construction practices to address identified hazards.
Flood Hazard Areas
6. Floodplains help to store and convey stormwater and flood water; recharge
groundwater; provide important areas for riparian habitat; and serve as areas for
recreation, education, and scientific study. Development within floodplain areas
can be hazardous to those inhabiting such development, and to those living
upstream and downstream. Floods also cause substantial damage to public and
private property that results in significant costs to the public and individuals.
The primary goals of flood hazard regulations are to limit or condition
development within the 100 year floodplain to avoid substantial risk and damage
to public and private property and that results in significant costs to the public and
individuals; to avoid significant increases in peak stormwater flows or loss of
flood storage capacity and; to implement the objectives of the Draft Mill Creek
Flood Control Plan, if and when adopted.
C. This chapter of the Auburn City Code and other sections as incorporated by
reference contain standards, procedures, criteria and requirements intended to identify,
analyze, and mitigate potential impacts to the City's critical areas, and to enhance and
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
16.10-3
Ordinance No. 5894
May 2. 2005
areas resulting from regulated activities may be minimized, rectified, reduced and/or
compensated for, consistent with the requirements of this chapter.
D. It is the further intent of this chapter to:
(1) comply with the requirements of the Growth Management Act (RCW
36.70A) and implementing 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 SEP A 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, RCW 36.70B;
(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.
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Ordinance No. 5894
May 2, 2005
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 ofthis Chapter has included the use of relevant non-scientific information,
including consideration of legal, social, policy, economic, and land use issues. This
reflects the City's responsibilities under numerous laws and programs, including other
provisions of the Growth Management Act, and the need to weigh and balance various
factors as part of decision making to accomplish municipal objectives. This may result in
some risk to the functions and values of some critical areas. The City will also use its
authority under the State Environmental Policy Act (SEP A) 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 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 non-scientific, regarding compliance with
WAC 365-195-915 (c), including identification of risks to resources, is contained in the
findings and conclusions and the overall record supporting adoption of Auburn's critical
areas regulations.
Section 16.10.020
Defmitions.
For purposes of this chapter, the following definitions shall apply.
Anadromous Fish. Fish that spawn and rear in freshwater and mature in the marine
environment, such as salmon, steelhead, sea-run cutthroat, and bull trout.
Applicant. The person, party, firm, corporation, or other entity that proposes or has
performed any activity that affects a critical area.
Aquifer. Generally, any water bearing soil or rock unit. Specifically, a body of soil or
rock that contains sufficient saturated permeable material to conduct groundwater and
yield economically significant quantities of groundwater to wells or springs.
16.10-5
Ordinance No. 5894
May 2, 2005
Artificiallv Created Wetland. Wetlands created fi:om non-wetland sites through
purposeful, legally authorized human action, such as irrigation and drainage ditches,
grass-lined swales, canals, retention or detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities.
Best Available Science. As defined in the Procedural Criteria for Adopting
Comprehensive Plans and Development Regulations for Best Available Science at WAC
365-195-900 et seq.
Buffer or Buffer Area. Critical Area. A naturally vegetated, undisturbed, enhanced or
revegetated zone surrounding a critical area that protects the critical area fi:om adverse
impacts to its integrity and value, and is an integral part of the resource's ecosystem.
Citv. The City of Auburn.
Clearing. The removal of timber, brush, grass, ground cover or other vegetative matter
fi:om a site, which exposes the earth's surface of the site, or any actions, which disturb the
existing ground surface.
Comprehensive Plan. The City of Auburn Comprehensive Plan as now adopted or
hereafter amended.
Critical Area. or Environmentally Sensitive Area. Areas that possess important natural
functions and embody a variety of important natural and community values. Such areas
include wetlands, streams, fish and wildlife habitat, geologic hazard areas, groundwater
protection areas, and flood hazard areas. If not conducted properly, development or
alteration of such areas may cause significant impacts to the valuable functions and
values of these areas and/or may generate risks to the public health and general welfare,
and/or to public and private property.
Critical Area Report. A report prepared by a qualified consultant to determine the
presence, type, class, size, function and/or value of an area subject to these regulations.
Also see "Stream Reconnaissance Report," Wetland Impact Assessment Report" and
"Wildlife Report."
Critical Erosion Hazard Areas. 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 (AgO), Kitsap silt loam (KpD), Everett (EvD), and Indianola (InD). Additional soil
groups may be identified through site-specific analysis.
Critical Geologic Hazard Areas. Lands or areas subject to high or severe risks of
geologic hazard, including critical erosion hazard areas, critical landslide hazard areas,
and critical seismic hazard areas.
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Ordinance No. 5894
May 2, 2005
Critical Habitat. or Critical Wildlife Habitat. Habitat areas 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.
Critical Landslide Hazard Areas. Lands or areas where there is a high (Class III) or very
high (Class IV) risk oflandslide due to a combination of slope, soil permeability, and
water.
Critical Seismic Hazard Areas. Lands or areas where there is a high risk of seismic
events and damage.
Delineation Manual. Wetland Delineation Manual. or Wetland Delineation Methodologv.
The manual and methodology used to identify wetlands in the field, as described in the
Washington State Wetlands Identification and Delineation Manual (Pub. #96-94),
adopted by the Department of Ecology in 1997 (pursuant to RCW
90.58.380/36.70A.175), and which is based on the U.S. Corps of Engineers Wetlands
Delineation Manual (1987). Use of this manual is required by RCW
90.58.380/36.70A.175.
Department. The City of Auburn Department of Planning and Community Development
or successor agency, unless the context indicates a different City department.
Director. The Director of the City of Auburn Department of Planning and Community
Development or successor agency.
Earth/Earth Material. Naturally occurring rock, soil, stone, sediment, or combination
thereof.
Enhancement. 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. A process whereby wind, rain, water, and other natural agents mobilize and
transport soil particles.
Erosion Hazard Areas. 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
16.10-7
Ordinance No. 5894
May 2. 2005
loam (KpD), Everett (EvD) and Indianola (InD). Additional soil groups may be
identified through site-specific analysis.
Excavation. The removal or displacement of earth material by human or mechanical
means.
Existing and Ong:oing Agricultural Activities. Those activities conducted on lands
defmed 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 ITom a previous non-agricultural 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 non-agricultural use
or has lain idle for a period oflonger 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. Any species of plant or animal that is foreign and not indigenous to the lower
Puget Sound area.
Fill/Fill Material. A deposit of earth material placed by human or mechanical means.
Filling. The act of transporting and placing (by any manner or mechanism) fill material
ITom, to, or on any surface water body or wetland, soil surface, sediment surface, or other
fill material.
Geologic Hazard Areas. Lands or areas characterized by geologic, hydrologic, and
topographic conditions that render them susceptible to varying degrees of risk of
landslides, erosion, seismic or volcanic activity.
Grading. Any excavating, filling, clearing, leveling or contouring of the ground surface
by human or mechanical means.
Groundwater Protection Areas. Land areas designated by the City beneath which
groundwater occurs that is a current or potential future source of drinking water for the
City.
Habitat Management. Management ofland 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.
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Ordinance No. 5894
May 2, 2005
Hazardous Materials. Any material, either singularly or in combination, that is a physical
or health hazard as defined and classified in Article 80 of the Uniform Fire Code as
adopted or amended by the City, whether the materials are in usable or waste condition;
and any material that may degrade ground water quality when improperly stored,
handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged.
Hazardous materials shall also include, without exception,
All materials defined as or designated by rule as a dangerous waste or extremely
hazardous waste under Chapter 70.105 RCW and Chapter 173-303 WAC;
Any substance defined as or designated by rule as a hazardous substance under
Chapter 70.105 RCW and Chapter 173-303 WAC; and
Petroleum or petroleum products, including any waste oils or sludges.
Hazardous Materials Inventory Statement. A form provided by the Fire Department and
completed by a business owner that provides specified information regarding hazardous
materials at the business.
Hydrologically Isolated. Wetlands which: 1) have no surface water connection to a lake,
river, or stream during any part of the year; 2) are outside of and not contiguous to any
100-yr floodplain ofa lake, river, or stream; and 3) have no contiguous hydric soil
between the wetland and any lake, river, or stream. May also be a pond excavated from
uplands with no surface water connection to a stream, lake, or other wetland.
In-Kind Wetland Mitigation. Replacement of wetlands with wetlands whose
characteristics closely approximate those destroyed or degraded by a regulated activity.
Iniection Well. A "well" that is used for the subsurface emplacement of fluids. (from
WAC 173-218-030)
Intentionally Created Streams. 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. Mudflows or debris flows associated with volcanic activity and which pose a
threat to life, property, and structures.
Landslide. Episodic downslope movement of a mass of soil or rock.
Landslide Hazard Areas. 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-IV based on the degree of
risk as follows:
(a) Class If Low Hazard. Areas with slopes of 15 percent or less.
(b) Class IIIModerate Hazard. Areas with slopes of between 15 percent and
40 percent and that are underlain by soils that consist largely of sand,
gravel or glacial till.
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Ordinance No. 5894
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(c) Class III/High Hazard. Areas with slopes between 15 percent and 40
percent that are underlain by soils consisting largely of silt and clay.
(d) Class IV N ery 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 includes only those where the surface drops ten (10) feet or
more vertically within a horizontal distance of twenty-five (25) feet.
Mature and Old-growth Forested Wetlands. Wetlands containing mature or old-growth
forested areas, generally requiring a century or more to develop. These systems represent
two priority habitats, as defined by the Washington Department ofFish and Wildlife.
Mitigation.
(a)
(b)
Activities which include:
A voiding the impact altogether by not taking a certain action or parts of
actions.
Minimizing impacts by limiting the degree or magnitude of the action and
its implementation.
Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment.
Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action.
Compensating for the impact by replacing or providing substitute
resources or environments.
(c)
(d)
(e)
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. Considering or performing mitigation actions, as defined in the
definition of "mitigation", in a preferred sequence from (a) through (e). Avoidance is
preferred and must be considered prior to pursuing other forms of mitigation.
Native. Any species of plant or animals which are or were indigenous to the lower Puget
Sound area.
Natural Heritage Wetlands. 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. 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.
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Ordinance No. 5894
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Out-of-Kind Mitigation. 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. 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 Inrrequent Occurrence. 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:
a) 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;
b) 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;
Oualified Consultant. For purposes of these regulations, qualified consultant 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 hydro geologist for groundwater protection areas),
and/or who is professionally trained and/or certified or licensed by the State of
Washington to practice in the scientific disciplines necessary to identify, evaluate,
manage, and mitigate impacts to the critical area in question.
Reasonable Use. A legal concept articulated by federal and state courts in regulatory
taking cases.
Re~lated Activitv. 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. Actions taken to reestablish 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. The family offish which includes salmon, trout, and char.
Secondary Habitat. Areas that offer less diversity of animal and plant species than
critical habitat but are important for performing the essential functions of habitat.
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Ordinance No. 5894
May 2, 2005
Seismic Hazard Areas: Areas that, due to a combination of soil and ground water
conditions, are subject to risk of ground shaking, subsidence, or liquefaction of soils
during earthquakes. These areas are typically underlain by soft or loose saturated soils
(such as alluvium), have a shallow ground water table, and are typically located on the
floors of river valleys.
Site. 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. 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 ten (10) feet or more vertically within a horizontal distance of
twenty-five (25) feet.
Spring. A source of water where an aquifer comes in contact with the ground surface.
Streams. 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.
Stream Reconnaissance Report. A type of critical area report prepared by an applicant's
qualified consultant to describe a stream and to characterize its conditions, wildlife,
habitat values and water quality. The report also includes an analysis of impacts.
Structural Diversitv. Vegetative. 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. The soil, sediment, decomposing organic matter or combination of those
located on the bottom surface of the wetland, lake, stream, or river.
Temporarv Erosion Control. 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. Habitat that supports some wildlife but does not satisfy the definition of
secondary or critical habitat.
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Ordinance No. 5894
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Tree. 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 (6) feet
above the ground.
Tree Base Fee. 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. This 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. Pennission to depart from the requirements ofthe specific regulations of this
title for a particular piece of property.
Volcanic Hazard Area. 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
500-1,000 years.
Water Dependent Use. A principal use which can only exist when the land/water
interface provides biological or physical conditions necessary for the use.
Well. Includes any excavation that is drilled, cored, bored, washed, driven, dug, jetted or
otherwise constructed when the intended use of an excavation is for the location,
diversion, artificial recharge, or withdrawal of groundwater.
Wellhead Protection Area. The portion of a well's, wellfield's or spring's zone of
contribution defined as such using the criteria established by the City.
Wetland or Wetlands. 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. However, wetlands include those artificial wetlands
intentionally created from nonwetland areas to mitigate conversion of wetlands.
(Definition taken from the Washington State Wetlands Identification and Delineation
Manual, Ecology Publication #96-94.)
Wetland Impact Assessment Report. 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.
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Ordinance No. 5894
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Wildlife Report. 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.
Section 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. releases 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.
B. To avoid duplication, the following pennits 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; shoreline substantial
development; variance; conditional use permit; and any other permits that may lead to the
development or alteration of land.
C. Administrative acti,ons 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.
Section 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;
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Ordinance No. 5894
May 2, 2005
2. Activities involving artificially created wetlands or streams intentionally
created fÌ"om non-wetland 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 groundwater quality. Operation and
maintenance includes vegetation management performed in accordance with best
management practices that is part of ongoing maintenance of structures,
infÌ"astructure, 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 ofthe 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 stormwater. 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 five hundred (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 areas functions are avoided consistent with the
purpose and intent of this Title; and,
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Ordinance No. 5894
May 2. 2005
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 oftbe 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 inunediate 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 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 ofthis section and to repair any damage to a pre-existing resource;
11. Activities affecting previously legally filled wetlands or wetlands
accidentally created by human actions prior to July I, 1990 (the effective date of
the Growth Management Act). The latter shall be documented through
photographs, statements and/or other conclusive evidence;
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 detennined 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 Flood Drainage requirements of
Auburn City Code Chapter 15.68.
D. No property owner or other entity shall undertake exempt activities 2, 7 or 13
above without first providing fourteen (14) days notice to the City and receiving
confirmation in writing that the proposed activity is exempt. In case of any question as to
whether a particular activity is exempt trom the provisions ofthis section, the Director's
determination shall govern and shall be confirmed in writing.
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Ordinance No. 5894
May 2, 2005
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 section 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 non-conforming use provisions of the Auburn City
Code Chapter 18.54.
Section 16.10.050
Critical Areas Maps.
Maps have been developed by the City that show the general location of critical areas.
These maps are available for reference at the City Planning and Community
Development Department. These maps shall be used for informational purposes as a
general guide only for the assistance of property owners and other interested parties; the
boundaries and locations shown are generalized. The actual presence or absence, type,
extent, boundaries and classification of critical areas on a specific site shall be identified
in the field by a qualified consultant and determined by the City, according to the
procedures, definitions and criteria established by this chapter. In the event of any
conflict between the critical area location or designation shown on the City's maps and
the criteria or standards of this section, the criteria and standards shall prevail.
Section 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 ofthis 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.
Section 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 (SEP A) checklist, or concurrent with submittal of an
application for projects exempt from SEP A, a critical area report must be
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Ordinance No. 5894
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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 attachments
to this chapter applicable to each critical area. The Director may tailor the
information required to reflect the complexity ofthe proposal and the sensitivity
of critical areas that may potentially be present.
C. Consultant Qualifications & City Review. All reports and studies required of the
applicant by this section shall be prepared by a qualified consultant as that term is defined
in these regulations. The City may retain a qualified consultant paid for by the applicant
to review and confirm the applicant's reports, studies and plans if the following
circumstances exist:
1. The City has technical information that is unavailable to the applicant; or
2. The applicant has provided inaccurate or incomplete information on
previous proposals or proposals currently under consideration.
D. Review Process. This section is not intended to create a separate critical area
review permit for development proposals. To the extent possible, the City shall
consolidate and integrate the review and processing of critical area-related aspects of
proposals with other land use and environmental considerations and approvals. Any
permits required by separate codes or regulations, such as Flood Zone Control Permits or
Shoreline Substantial Development Permits, shall continue to be required.
Section 16.10.080
Classification And Rating Of Critical Areas.
A. To promote consistent application of the standards and requirements of this
chapter, critical areas within the City of Auburn shall be rated or classified according to
their characteristics, function and value, and/or their sensitivity to disturbance.
B. Classification of critical areas shall be determined by the Director based on
consideration of the following factors and in the following order:
1. Consideration of the technical reports submitted by qualified consultants
in connection with applications subject to these regulations.
2. Application of the criteria contained in these regulations; and
3. Critical areas maps maintained by the Planning and Community
Development Department.
C. Wetland Classification. Wetlands shall be designated Category I, Category II,
Category III, Category IV and as Artificially Created according to the criteria in this
section. Wetland classifications incorporate the Washington State Wetlands Rating
System for Western Washington (Dept. of Ecology, 2004, Publication # 04-06-025).
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Ordinance No. 5894
May 2, 2005
Wetland rating categories shall be applied as the wetland exists on the date of adoption of
the rating system by the local government, as the wetland naturally changes thereafter, or
as the wetland changes in accordance with permitted activities. Wetland rating categories
shall not change due to illegal modifications.
1. "Category I Wetlands" are those wetlands which meet any of the
following criteria:
a. represent a unique or rare wetland type; or
b. are more sensitive to disturbance than most wetlands; or
c. are relatively undisturbed and contain ecological attributes that are
impossible to replace within a human lifetime; or
d. are providing a high level of functions, scoring 70 points or more
out of 100 (DOE Wetlands Rating System, 2004); or
e. are characterized as a National Heritage Wetland; or
f. are characterized as a Bog; or
g. are over one acre and characterized as a Mature and Old-growth
Forested Wetland.
2. "Category II Wetlands" are those wetlands which are not Category I
wetlands and which meet any of the following criteria:
a. provide high levels of some functions, being difficult, though not
impossible to replace; or
b. perform most functions relatively well, scoring 51-69 out of 100
points (DOE Wetlands Rating System, 2004).
3. "Category III Wetlands" are those wetlands that are not Category lor II
wetlands, and which meet the following criterion:
a. provide moderate levels of functions, scoring between 30-50 out of
100 points (DOE Wetlands Rating System, 2004).
4. "Category IV Wetlands" are those wetlands that meet the following
criterion:
a. provide low levels of functions, scoring less than 30 out of 100
points (DOE Wetlands Rating System, 2004).
5. "Artificially Created Wetlands" are purposefully created landscape
features, ponds and stormwater 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 ftom non-wetland
sites are excluded ftom regulation under this section.
D. Stream Classification. Streams shall be designated Class I, Class II, Class III and
Class IV according to the criteria in this section.
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Ordinance No. 5894
May 2, 2005
1. "Class I Streams" are those natural streams identified as "Shorelines of the
State" under the City of Auburn Shoreline Master Program.
2. "Class II Streams" are those natural streams that are not Class I streams
and are either perennial or intermittent and have one of the following
characteristics:
a. contain fish habitat; or
b. has significant recreational value, as determined by the Director.
3. "Class III Streams" are those natural streams with perennial (year round)
or intermittent flow and do not contain fish habitat.
4. "Class IV Streams" are those natural streams and drainage swales with
channel width less than two feet taken at the ordinary high water mark, that do not
contain fish habitat.
5. "Intentionally Created Streams" are those manmade streams defined as
such in these regulations, and do not include streams created as mitigation.
Purposeful creation must be demonstrated through documentation, photographs,
statements and/or other evidence. Intentionally created streams may include
irrigation and drainage ditches, grass-lined swales and canals. Intentionally
created streams are excluded from regulation under this section, except manmade
streams that provide "critical habitat", as designated by federal or state agencies,
for salmonids.
E. Wildlife Habitat Classification. Wildlife habitat areas shall be classified as
critical, secondary or tertiary according to the criteria in this section.
1. "Critical Habitat" are those habitat areas which meet any of the following
criteria:
a. the documented presence of species or habitat listed by federal or
state agencies as "endangered", "threatened", or "sensitive"; or
b. the presence of unusual nesting or resting sites such as heron
rookeries;
c. Category I wetlands, as defined in these regulations; or
d. Class I streams, as defined in these regulations.
2. "Secondary Habitat" is habitat which is valuable to fish and wildlife and
supports a wide variety of species due to its undisturbed nature, a diversity of
plant species and structure, presence of water, or the area's size, location, or
seasonal importance.
3. "Tertiary 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. Groundwater Protection Areas. Groundwater protection areas in this ordinance
correspond to water resource protection areas, which are described in the Water Resource
Protection Report prepared for the City by Pacific Groundwater Group, December 2000.
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Ordinance No. 5894
May 2, 2005
Water resource protection areas are based on time-related "capture zones" also referred to
as "time-of-travel zones" which are derived using a numerical groundwater flow model
developed for the City and upon geologic conditions. A capture zone is the area that
supplies groundwater recharge to a pumping well or a spring. A time-related capture
zone is the area that supplies groundwater recharge to a pumping well or spring within a
specified period of time. The location of Groundwater Protection Areas have been
revised to include all of a parcel where capture zones include a portion of the parcel.
Groundwater Protection areas have been divided into four zones as follows:
· Groundwater Protection Zone 1 represents the land area overlying the I-year
time-of-travel zone of any well or spring owned by the City.
· Groundwater Protection Zone 2 represents the land area in the central part of the
City beneath which the principal aquifer used by the City for water supply is
overlain by higbly permeable sand and gravel deposits. These geologic
conditions provide a direct pathway for contaminants that may be released to the
soil to reach the aquifer.
· Groundwater Protection Zone 3 represents the land area overlying the region
between the I-year and 1 O-year time-of-travel zone of any well or spring owned
by the City.
· Groundwater Protection Zone 4 represents the land area within the City limits not
designated as Water Resource Protection Zones 1,2 or 3.
G. Geologic Hazard Classifications. Geologic hazard areas shall be classified
according to the criteria in this section.
1. Critical Erosion Hazard Areas. Critical erosion hazard areas are lands or
areas underlain by soils identified by the U.S. Department of Agriculture Soil
Conservation Service (SCS), now known as the Natural Resource Conservation
Service, as having "severe" or "very severe" erosion hazards. This includes the
following group of soils when they occur on slopes of 15 percent or greater:
Alderwood-Kitsap (AkF), Alderwood gravelly sandy loam (AgD), Kitsap silt
loam (KpD), Everett (EvD), and Indianola (InD).
2. Landslide Hazard Areas. Landslide hazard areas are classified as "Class
I," " Class II," " Class III", or "Class IV" as follows:
(a) Class I/Low Hazard: Areas with slopes of 15 percent or less.
(b) Class IIIModerate 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 IlI/Higb Hazard: Areas with slopes between 15 percent and
40 percent that are underlain by soils consisting largely of silt and
clay.
(d) Class lV/V ery 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.
16.10-21
Ordinance No. 5894
May 2, 2005
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.
Section 16.10.090
Buffer Areas And Setbacks.
General Provisions
A. The establishment of on-site buffers, buffer areas or setbacks shall be required for
all development proposals and activities in or adjacent to critical areas. The purpose of
the buffer shall be to protect the integrity, function, value, and resources ofthe subject
critical area (in the case of wetlands, streams, and/or wildlife habitat areas), and/or to
protect life, property and resources from risks associated with development on unstable
or critical lands (in the case of geologic hazard areas). Buffers shall typically consist of
an undisturbed area of native vegetation retained or established to achieve the purpose of
the buffer. No buildings or structures shall be allowed within the buffer unless as
otherwise permitted by this Section. If the site has previously been disturbed, the buffer
area shall be re-vegetated pursuant to an approved enhancement plan. Buffers shall be
protected during construction by placement of a temporary barricade, notice ofthe
presence of the critical area and implementation of appropriate erosion and sedimentation
controls. Restrictive covenants or conservation easements may be required to provide
long-term preservation and protection of buffer areas.
B. Required buffer widths shall reflect the sensitivity of the particular critical area
and resource or the risks associated with development and, in those circumstances
permitted by these regulations, the type and intensity of human activity proposed to be
conducted on or near the critical area.
C. Buffers shall be measured as follows:
1. Wetland buffers - the buffer shall be measured perpendicular from the
wetland edge as delineated and marked in the field using the 1997 Washington
State Wetlands Identification and Delineation Manual;
2. Stream buffers - the buffer shall be measured from the ordinary high
water mark;
3. Geologic hazard area buffers shall be required for critical landslide hazard
areas and shall be measured from the top and toe and along the sides of the slope.
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 section 16.10.160 of
these regulations. Minor variances, defined as up to and including 10 percent of the
requirement, shall be considered by the Director. Variances requests which exceed 10
percent shall be considered by the Hearing Examiner.
16.10-22
Ordinance No. 5894
May 2, 2005
E. Buffer widths shall be established for specific critical areas according to the
following standards and criteria:
1. Wetland Buffers shall be established as follows:
I
II
III
IV
100'
50'
25'
25'
Maximum
Buffer Width (See ACC
16.10.090 E 1
200'
100'
50'
30'
Wetland
Category
Minimum
Buffer Width
Different buffer width requirements may apply to various portions of a site, without
requiring averaging or variances, based on the site plan, the intensity ofland uses in
various locations, and differences in the category of wetland.
a. Buffer width averaging may be allowed where the applicant
demonstrates to the Director that the wetland contains variations in
sensitivity due to existing physical characteristics, that lower intensity
land uses would be located adjacent to areas where buffer width is
reduced, that width averaging will not adversely impact the wetland
functional values and/or that the total area contained within the buffer
after averaging is no less in area than contained within the standard buffer
prior to averaging. Buffer width averaging may be allowed only where
such reduction shall not result in greater than a 35 percent reduction in
the buffer width established in this section and the applicant demonstrates
the following:
i. The proposed buffer area is extensively vegetated and has
less than 25 percent slopes, and the reduction will not result in
adverse impacts to the wetland; or
ii. The project includes a buffer enhancement plan, as part of
the mitigation required by this chapter and has less than 25 percent
slopes. The buffer enhancement plan shall use plant species
which are native to the project area, and shall substantiate that an
enhanced buffer will improve the functional attributes of the buffer
to provide additional protection for wetland functional values; or
iii. The acreage included in the buffer would substantially
exceed the size of the wetland and the reduction will not result in
adverse impacts to the wetland and the proj ect includes a buffer
enhancement plan which ensures that the reduction will not result
in adverse impacts to the wetland.
b. Buffer width may be reduced by up to 35 percent if an applicant
undertakes measures approved by the Director to enhance or restore the
buffer. The restoration or enhancement may include, but is not limited
to, planting of native trees or shrubs, increasing the diversity of plant
16.10-23
Ordinance No. 5894
May 2, 2005
cover types or replacement of exotic species with native species which
approximate in composition a naturally occurring plant community.
c. Application of subparagraphs (a) and (b) shall not result in a buffer
width less than 25 feet.
d. Certain uses and activities which are consistent with the purpose
and function of the wetland buffer and do not detract from its integrity
may be permitted by the Director within the buffer depending on the
sensitivity of the wetland. Examples of uses and activities with minimal
impacts which may be permitted in appropriate cases include permeable
pedestrian trails, viewing platforms, and utility easements, provided that
any impacts to the buffer resulting from such permitted activities shall be
mitigated. Uses permitted within the buffer shall generally be located as
far from the wetland as possible.
e. Where existing buffers are degraded, the Director may allow
limited filling within the buffer when the applicant demonstrates that the
buffer 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.
f. Long term protection of a regulated wetland and its associated
buffer shall be provided by one of the following methods. It shall be
placed in a separate tract on which development is prohibited, protected
by execution of an easement dedicated to the City, a conservation
organization or land trust, or similarly preserved througb a permanent
protective mechanism acceptable to the City. The location and
limitations associated with the wetland and its buffer shall be shown on
the face of the deed or plat applicable to the property and shall be
recorded with the King or Pierce County Recording Department.
g. The Director may require increased buffer widths up to the amount in
this column when a larger buffer is deemed necessary to protect wetland
functions and values based on site conditions, site design, intensity and
operational characteristics of the development/land use. Examples where
increased buffers may be required include, but are not limited to, where a
larger buffer is necessary to maintain viable populations of species listed
as endangered, threatened or sensitive, or when land adjacent to the
buffer is susceptible to severe erosion and erosion control measures are
inadequate to effectively prevent adverse wetland impacts.
2. Stream Buffers shall be established as follows:
Stream
Class
Minimum
Buffer Width
feet
100
75
25
25
Class I (see item b. below)
Class Ii
Class IiI
Class IV
16.10-24
Ordinance No. 5894
May 2, 2005
a. The applicable minimum buffer for Class I streams shall be the
larger ofthe buffer established by these regulations or that established by
the City's Shoreline Master Program.
b. The buffer widths required in this section may be increased by the
Director up to a maximum of 50 percent for Class I, II and IV streams and
up to 100 percent for Class III streams in response to site-specific
conditions and based on the report information submitted to characterize
the functions and values of the stream. This includes, but is not limited to,
situations where the critical area serves as habitat for threatened,
endangered or sensitive species. The applicant may propose to implement
one or more enhancement measures, listed in order of preference below,
which will be considered in establishing buffer requirements:
i. Removal of fish barriers to restore accessibility to anadromous
fish.
ii. Enhancement of fish habitat using log structures incorporated
as part of a fish habitat enhancement plan.
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 pennitted 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
16.10-25
Ordinance No. 5894
May 2, 2005
ii. for construction of new public roads and utilities, and
accessory structures, when no feasible alternative location exists;
or
111. 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) ofa maximum width of twelve (12) feet;
(d) located within the outer half of the buffer, i.e., the
portion of the buffer that is farther away from the stream;
or
IV. construction of footbridges; or
v. construction of educational facilities, such as viewing
platforms and informational signs.
d. Buffer width averaging may be allowed for Class II and Class III streams
only provided that all of the following are demonstrated by the applicant:
i) One or more of the enhancement measures identified in ACC
l6.1O.090(E)(2)(b )(i) through (iv) is implemented;
ii) The total area contained within the buffer after averaging is no
less in area than contained within the standard buffer prior to
averagmg;
iii) The buffer width averaging will result in stream functions and
values equal or greater than before averaging; and
iv) The buffer width is not reduced by more than 35 percent in any
location than the buffer widths established by this chapter.
e. Stream buffer widths may be reduced by the Director on a case by
case basis by up to 35 percent if an applicant demonstrates that a reduction
will not result in any adverse impact to the stream. Further, if an existing
buffer is vegetated, a buffer enhancement plan may be required to
demonstrate how the function and values of the buffer and stream will be
improved. If the existing buffer has been disturbed and/or is not
vegetated, an enhancement plan shall be required that identifies measures
to enhance the buffer functions and values and provide additional
protection for the stream function and values. Enhancement plans are
subject to approval by the Planning Director.
f. Long term protection of a regulated stream and its associated
buffer shall be provided by one of the following methods except for the
portion of Class I streams which are owned by the State Department of
Natural Resources. The stream and buffer shall be placed in a separate
tract on which development is prohibited, protected by execution of an
easement dedicated to the City, a conservation organization, land trust, or
similarly preserved through a permanent protective mechanism acceptable
16.10-26
Ordinance No. 5894
May 2, 2005
to the City. The location and limitations associated with the stream and its
buffer shall be shown on the face ofthe deed or plat applicable to the
property and shall be recorded with the King or Pierce County Recording
Department.
3. Wildlife Habitat Areas.
a. Buffer widths for critical habitat areas shall be determined by the
Director based on consideration of the following factors: species
recommendations ofthe Department ofFish and Wildlife;
recommendations contained in the wildlife report and the nature and
intensity ofland 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 ofthe buffer for critical habitat areas and do not detract trom
its integrity may be permitted by the Director within the buffer depending
on the sensitivity of the habitat area. Examples of uses and activities with
minimal impact which may be permitted in appropriate cases include
permeable pedestrian trails and viewing platforms and utility easements,
provided that any impacts to the buffer resulting trom permitted facilities
shall be mitigated. When permitted, such facilities shall generally be
located as far trom the critical habitat area as possible.
d. Long term protection of critical habitat areas and their associated
buffer(s) shall be provided by one ofthe following methods. The critical
habitat area and buffer( s) shall be placed in a separate tract on which
development is prohibited, protected by execution of an easement,
dedicated to the City, a conservation organization, land trust, or similarly
preserved through a permanent protective mechanism acceptable to the
City. The location and limitations associated with the critical habitat area
and its buffer(s) shall be shown on the face ofthe deed or plat applicable
to the property and shall be recorded with the King or Pierce County
Recording Department.
4. Geologic Hazard Areas.
a. Required buffers widths for geologic hazard areas shall reflect the
sensitivity ofthe geologic hazard area in question and the types and the
risks associated with development and, in those circumstances permitted
by these regulations, the type and intensity ofhwnan activity and site
design proposed to be conducted on or near the area.
b. Required buffers may vary in width. The widths of the buffer shall
reflect the sensitivity of the geologic hazard area in question and the types
and density of uses proposed on or adjacent to the geologic hazard. In
determining the appropriate buffer width, the Director shall consider the
recommendations contained in any geologic hazards report required by
these regulations and prepared by a qualified consultant.
16.10-27
Ordinance No. 5894
May 2, 2005
Section 16.10.100
Criteria.
c. Buffers may be reduced to a minimum width of 15 feet when the
applicant demonstrates through the geologic hazard report that the
reduction will adequately protect the geologic hazard and the proposed
development through use of proposed engineering techniques.
Alteration Or Development Of Critical Areas - Standards And
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 section 16.10.110, and the performance standards of ACC section
16.10.120 and the monitoring requirements of ACC section 16.10.130 of these
regulations.
A.
Wetlands:
1.
B.
Streams:
1.
2.
Category I Wetlands: Alterations of Category I wetlands shall be
avoided subject to the reasonable use provisions of this chapter.
Category II Wetlands:
a. Alteration and mitigation shall comply with the mitigation
performance standards and requirements of these
regulations; and
b. Where enbancement, restoration or creation is proposed,
replacement ratios shall comply with the requirements of
these regulations.
c. No net loss of wetland functions and values may occur.
Category III and IV Wetlands:
a. Alteration and mitigation shall comply with the mitigation
performance standards and requirements of these
regulations; and
b. Where enbancement, restoration or creation is proposed,
replacement ratios shall comply with the requirements of
these regulations.
c. No net loss of wetland functions and values may occur.
3.
2.
Relocation of a Class II, III and IV stream exclusively to facilitate
general site design shall not be allowed. Relocation of a stream
may take place only when it is part of an approved mitigation or
enbancement/restoration plan, and will result in equal or better
habitat and water quality, and will not diminish the flow capacity
ofthe stream.
Bridges shall be used to cross Class I streams; boringlmicro-
tunneling may be considered for utility crossings if it would result
in the same or lower impacts as bridging.
Culverts are allowable only under the following circumstances:
a. only in Class II, III, and IV streams;
3.
16.10-28
Ordinance No. 5894
May 2, 2005
b. when fish passage will not be impaired;
c. when the following design criteria are met:
i. oversized culverts will be installed;
ii. culverts will include gradient controls and creation
of pools within the culvert for Class II streams;
111 gravel substrate will be placed in the bottom of the
culvert to a minimum depth of one foot for Class II
and Class III streams;
d. the applicant or successors shall, at all times, keep any
culvert ftee of debris and sediment to allow ftee passage of
water and, if applicable, fish.
4. The City may require that an existing culvert be removed ftom 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 Section
16.10.120, and otherrequirements 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. Groundwater Protection Areas:
1. Requests to establish the following land uses and activities applied
for on or after the effective date of this ordinance shall be
prohibited in Groundwater Protection Zones I, 2, and 3:
a. class V injection wells that inject industrial, municipal, or
commercial waste fluids (as defined in WAC 173-218-
030);
b. surface impoundments for treating, storing and disposing of
dangerous waste (as defined in WAC 173-303-040 and
WAC 173-304-100);
c. waste piles for treating or storing solid waste (as defined in
173-303-040, WAC 173-303-660 and WAC 173-304-420);
d. hazardous waste treatment, storage, and disposal (as
defined in WAC 173-303-040);
e. all types of solid waste landfills (as defined in WAC 173-
04-100);
f. on-site sewage systems (as defined in WAC 246-272-
01001) except as related to RR, Rural Residential zoned
properties;
16.10-29
Ordinance No. 5894
May 2, 2005
g. recycling facilities that accept, store, or use hazardous
materials;
h. underground storage of hazardous materials excluding the
underground storage of petroleum and other regulated
substances as regulated by WAC 173-360;
1. use, storage, treatment, or production of perchlorethylene
(PCE), other than in closed-loop systems that do not
involve any discharge ofPCE;
J. petroleum refining, reprocessing, and storage;
k. petroleum-product pipelines not associated with
underground storage of petroleum and other regulated
substances as regulated by WAC 173-360; and
I. storage or distribution of gasoline treated with the additive
methyl tertiary butyl ether (MTBE).
E. Geologic Hazard Areas:
1. General Standard.
The City may approve, condition or deny proposals for the
alteration of geologic hazard areas, as appropriate, based on the
degree to which the significant risks posed by critical hazard areas
to public and private property and to public health and safety can
be mitigated. The objective of mitigation measures shall be to
render a site containing a critical geologic hazard as safe as one not
containing such hazard or one characterized by a low hazard. In
appropriate cases, conditions may include limitations of proposed
uses, modification of density, alteration of site layout and other
appropriate changes to the proposal. Where potential impacts
cannot be effectively mitigated or where the risk to public health,
safety and welfare, public or private property, or important natural
resources is significant notwithstanding mitigation, the proposal
shall be denied.
2. Specific Standards:
a. Class IV Landslide Hazard Areas: Alteration shall be
prohibited subject to the reasonable use provisions of this
chapter.
b. Critical Seismic Hazard Areas:
1. 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
11. 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
16.10-30
Ordinance No. 5894
May 2, 2005
lateral force procedure described in the International
Building Code.
c. When development is permitted in geologic hazard areas by
these regulations, an applicant and/or its qualified
consultant shall provide assurances which, at the City's
discretion, may include one or more of the following:
i. A letter from the geotechnical engineer and/or
geologist who prepared the geologic hazard report
required by these regulations, 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;
11. 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;
111. A legally enforceable hold hannless agreement,
which shall be recorded as a covenant and noted on
the face of the deed or plat, and executed in a form
satisfactory to the City, acknowledging that the site
is located in a geologic hazard area; the risks
associated with development of such site; and a
waiver and release of any and all claims of the
owner( s), their directors, employees, or successors,
or assigns against the City of Auburn for any loss,
damage, or injury, whether direct or indirect, arising
out of issuance of development permits for the
proposal; and
IV. Posting of a bond, guarantee or other assurance
device approved by the City, to cover the cost of
monitoring, maintenance and any necessary
corrective actions.
G. Flood Hazard Areas:
Development Standards are defined by Auburn City Code Section 15.68.
Section 16.10.110
Mitigation Standards, Criteria And Plan Requirements.
A. Mitigation Standards.
16.10-31
Ordinance No. 5894
May 2, 2005
I. 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:
a. 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;
b. 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
c. No overall net loss will occur in wetland or stream functions and
values. The mitigation shall be functionally equivalent to or greater
than the altered wetland or stream in terms of hydrological, biological,
physical, and chemical functions.
B. Location and Timing of Mitigation.
1. The preferred location of mitigation is on-site. Mitigation may be allowed
off-site only when it is determined by the Department that on-site mitigation is
not scientifically feasible or practical due to physical features of the property,
or, in the case of wetlands, where the affected site is identified as appropriate
for off-site mitigation in the Mill Creek Special Area Management Plan
(SAMP), April 2000. The burden of proof shall be on the applicant to
demonstrate that mitigation cannot be provided on-site or is consistent with
the SAMP. When mitigation cannot be provided on-site, mitigation shall be
provided in the same drainage basin as the permitted activity on property
owned, secured, or controlled by the applicant where such mitigation is
practical and beneficial to the critical area and associated resources.
Mitigation sites shall be located within the City.
2. In-kind mitigation shall be provided except when the applicant demonstrates,
and the Department concurs, that greater functional and habitat value can be
achieved through out-of-kind mitigation.
3. When wetland, stream or habitat mitigation is permitted by these regulations,
the mitigation project shall occur near an adequate water supply (river, stream,
groundwater) 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 maillllade 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.
16.10-32
Ordinance No. 5894
May 2, 2005
2. The following acreage replacement and enhancement ratios shall be
implemented however, the Department may vary these standards ifthe
applicant can demonstrate and the Director agrees that the variation will
provide adequate compensation for lost wetland area, functions and values, or
if other circumstances as determined by the Director justify the variation.
Except as provided for Category IV wetlands in ACC section 16.10.110
(C)(3) below, in no case shall the amount of mitigation be less than the area of
affected wetland. The Director may at its discretion increase these standards
where mitigation is to occur off-site or in other appropriate circumstances.
3. Category IV wetlands can either be mitigated by either: (i) Meeting one of the
replacement ratios (*see following table); or (ii) Implementing mitigation
which ensures no net loss of values and functions of the larger ecosystem in
which the critical area is located.
Category I
Wetland
Wetland Creation Enhancement
Ratio (Acres) Ratio (Acres)
(Acres Created or Enhanced: Acres Impacted)
6:1 12:1
Wetland Category
Category II
Forested 3: 1
Scrub/Shrub 2:1
Emergent 2: 1
6:1
4:1
4:1
Category III
Forested 3:1
Scrub/Shrub 2:1
Emergent 2: 1
6:1
4:1
4:1
Category IV*
1.25:1*
2.5:1*
Section 16.10.120
Performance Standards For Mitigation Planning.
A. The performance standards in this section shall be incorporated into mitigation
plans submitted to the City for impacts to critical areas.
1. Wetlands and Streams:
a. 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 (WAC 16-750) shall not be
used;
b. 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 (F ACW) 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
16.10-33
Ordinance No. 5894
May 2, 2005
potential for successful establishment, such as species with a narrow range
of habitat tolerances;
c. 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;
d. Specify plants that are commercially available ftom native-plant nurseries
or available ftom local sources. If collecting some or all native plants
ftom 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;
e. 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;
f. 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);
g. Install a temporary irrigation system and specify an irrigation schedule
unless a sufficient naturally-occurring source of water is demonstrated;
h. 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 ftom solid,
dangerous, or hazardous substance as defined by RCW 70.105 and
implementing rules;
1. 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 ftom sediment and turbidity;
J. 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;
k. 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 ftom proposed development.
I. 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
16.10-34
Ordinance No. 5894
May 2, 2005
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
m. 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.
n. Signs and fencing of wetlands and streams critical areas:
1. 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.
2. 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 fifty feet, whichever is less, and must be
maintained by the property owner in perpetuity. The sign
shall be worded as follows or with alternative language
approved by the Director:
"Habitat Conservation Area"
Do Not Disturb
Contact the City of Auburn Planning Department
regarding uses and restrictions
3. Fencing.
(a)
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 criticalnarea or buffer, when fencing will prevent
future impacts the critical area.
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Ordinance No. 5894
May 2, 2005
(b) 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.
( c) 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.
2. Wetlands:
Do not exceed a maximum water depth of 6.6 ft (2 meters) at mean low
water unless approved as part of a planned interspersion of wetland
vegetation classes and deep-water habitats;
a. Do not exceed a slope of25 percent (4H:IV) 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;
b. Do not exceed a slope of 25 percent (4H: 1 V) in the wetland buffer;
and
c. Limit deep-water habitat (>6.6 ft 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.
3. Wildlife Habitat Conservation Areas:
a. Incorporate relevant performance standards rrom the preceding
Subsections 1 and 2, as determined by the Director;
b. Include the following additional mitigation measures in mitigation
planning:
i. 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 ofFish
and Wildlife, NOAA Fisheries, and U.S. Fish and Wildlife
Service;
ii. Integrate retained habitat into open space and landscaping;
iii. Wherever possible, consolidate critical habitats into larger,
unrragmented, contiguous blocks;
vi. Use native plant species for landscaping of disturbed or
undeveloped areas and in any habitat enhancement or restoration
activities;
v. Create habitat heterogeneity and structural diversity that emulates
native plant communities described in Natural Vegetation of
Oregon and Washington (Franklin, I.F. and C.T. Dymess 1988) or
other regionally recoguized publications on native landscapes;
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Ordinance No. 5894
May 2, 2005
vi. 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;
vii. 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
Section 16.10.070.
4. Geologic Hazard Areas:
a. Incorporate relevant performance standards from the preceding
Subsections, as determined by the Director;
b. The following additional performance standards shall be reflected in
proposals within geologic hazard areas:
i. A geologic hazard report shall be prepared to identifY and evaluate
potential hazards and to formulate mitigation measures;
11. Construction methods will not adversely affect geologic hazards or
will reduce adverse impacts on geologic hazards;
iii. Site planning shall minimize disruption of existing topography and
natural vegetation;
IV. Impervious surface coverage shall be minimized;
v. Disturbed areas shall be replanted with permanent vegetation as
soon as feasible pursuant to a mitigation or landscape plan;
VI. Clearing and grading shall be limited to between April 1 and
October 31 unless the geologic hazard report specifically addresses
measures necessary to perform clearing and grading during other
portions of the year;
vii. The limited use of retaining walls that minimize disturbance or
alteration of existing natural slope areas are preferred over graded
slopes;
VI1I. Temporary erosion and sedimentation controls, pursuant to an
approved plan, shall be implemented during construction;
IX. A drainage plan shall be prepared for large projects as required by
the City Engineer;
x. 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.
5. Groundwater Protection Areas.
A mitigation plan is required of all development except an individual
single-family or two-family (duplex) dwelling unit. The mitigation plans
shall include the following minimum measures and incorporate the
appropriate responses.
a. Groundwater Protection Zones 1, 2 and 3
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Ordinance No. 5894
May 2, 2005
1. Indicate how hazardous materials shall be stored and used such
that any unauthorized release or discharge ofthe hazardous
materials is prevented.
11. 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.
111. Document hazardous materials management procedures, including,
but not limited to operations plans, drawings and as-built diagrams,
emergency response and spill cleanup plans, and employee training
documentation. This information can be provided in the form of
copies of permits or other documentation required by other
authorities.
IV. Indicate that any fill material shall be documented to be fÌ'ee 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.
v. 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.
VI. Include a provision that the mitigation plan will be kept up to date.
Updates shall occur whenever there is a change in use or business
occupancy or when there are significant changes in facility
operations or hazardous materials management. A copy of the
plan is to be available for review by City inspectors at the business
or businesses within the development. The plan should cover the
facility site in general as well as have a section(s) specific to any
tenants within the development.
b. Groundwater Protection Zone 4
i. Business owners shall implement best management practices for water
resource protection.
Section 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 one hundred twenty-five percent (125%) of the cost of
the mitigation project for the length of the monitoring period; the Director may agree to
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Ordinance No. 5894
May 2, 2005
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.
2.
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;
Quantitative sampling methods that include permanent photopoints
installed at the completion of construction and maintained throughout the
monitoring period and shall also include permanent transects, sampling
points (e.g., quadrants or water quality or quantity monitoring stations),
and wildlife monitoring stations;
Clearly stipulated qualitative and quantitative sampling methods that are
approved by the City before implementation by the project proponent;
Appropriate qualitative and/or quantitative performance standards that will
be used to measure the success or failure ofthe 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 monitoring
plan;
Monitoring programs for a minimum period of three years for buffer
enhancement and a minimum of five years for other types of mitigation
programs that include, at a minimum; preparation of an as-built plan;
biannual monitoring and preparation of annual monitoring reports
following implementation; and a maintenance plan. More stringent
monitoring requirements may be required on a case-by-case basis for more
complex mitigation plans;
Monitoring reports shall be submitted to the Director by December 1, 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.
Provision for the extension of the monitoring period beyond the minimum
timeITame 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.
3.
4.
5.
6.
7.
Section 16.10.140
Procedural Provisions.
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Ordinance No. 5894
May 2, 2005
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 Auburn City
Code section 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 Auburn City Code
Chapter 1.25.
C. Appeals from Critical Area Review Decisions. Appeals of critical area review
decisions shall be governed by the procedures set forth in Auburn City Code section
18.70.050.
Section 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 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 Auburn City Code section 14.03.030 and Auburn City Code chapter
18.66.
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
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Ordinance No. 5894
May 2, 2005
as by segregating or dividing the property and creating an
undevelopable condition; and
5. The applicant shall demonstrate that the use would not cause
a hazard to life, health or property.
D. 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.
E. 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.
F. Except when application of this title would deny all reasonable use of a site, an
applicant who seeks an exception ITom the regulations of the title shall pursue a variance
as provided in ACC Section 16.10.160.
Section 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 Auburn City Code section 14.03. Variances requests which exceed 10 percent
may be granted by the Hearing Examiner as a Type III decision, pursuant to Auburn City
Code section 14.03.030 and Auburn City Code Chapter 18.66. Approval of variances
ITom the strict application of the critical area requirements shall conform to the following
criteria:
1.
2.
There are unique physical conditions peculiar and inherent to the affected
property which makes it difficult or infeasible to strictly comply with the
provisions of this section;
The variance is the minimum necessary to accommodate the building
footprint and access;
The proposed variance would preserve the functions and values ofthe
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;
The proposed variance would not adversely affect surrounding properties
adjoining;
Adverse impacts to critical areas resulting ITom the proposal are
minimized; and
The special circumstances or conditions affecting the property are not a
result ofthe actions ofthe applicant or previous owner.
3.
4.
5.
6.
Section 16.10.170
Special Exception for Public Agencies and Utilities
A. If the application of this Title 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
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Ordinance No. 5894
May 2, 2005
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 43.21 C RCW). 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).
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
ACC 18.66. 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).
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;
2. The application of this Title 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;
4. The proposal attempts to protect and mitigate impacts to
the critical area functions and values 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.
Section 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.
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Ordinance No. 5894
May 2, 2005