HomeMy WebLinkAboutITEM III
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wnsxiNCTON qGENDA BILL APPROVAL FORM
Agenda Subject Date:
Planning Commission Public Hearing: Auburn City Code Amendment - February 17, 2010
Flood lain Develo ment
Department: Planning and Attachments: Refer to Exhibit List Budget Impact: N/A
Develo ment on Pa e 2 of 15
Administrative Recommendation: Planning Commission recommend to City Council approval of
amendments to Titles 14, 15, 16, 17, and 18 relating to lhe Cily of Auburn's floodplain development
regulations.
Background Summary:
On November 17, 2008, Auburn City Councii enacted a moratorium on development within the
Federal Emergency Management,Agency (FEMA) identified 100-year floodplain, This ,
moratorium was enacted as a result of the finding (Biological Opinion) issued by the National
Marine Fisheries Service (NMFS) that administration of the National Flood Insurance Program
jeopardizes Endangered Species. As a result of the NMFS finding, FEMA and communities
participating in the NFIP are required to implement a series of actions, including adoption of new
or amended regulations to ensure compliance with the ESA. The purpose of the moratorium
was lo give these federal agencies time to complete a model floodplain ordinance and other
technical assistance for local jurisdictions, and in the interim, to limit liability to private parties
and the city.
The City of Auburn has participated in the ongoing review of a model (loodplain ordinance and
related guidance documents being developed by FEMA, arid has provided numerous review
~ comments since mid 2009. Based on the City's understanding of the new NFIP requirements
gained through participation in the NFIP model ordinance development process, staff is
recommending that the City move forward at this time to adopt amendments to Titles 14, 15, 16,
17, and 18 relating to the City's floodplain development regulations to incorporate the ESA
requirements contained in the Biological Opinion.
Adoption of floodplain regulation amendmenis that meet the NFIP-ESA requirements will
address the underl in reason for the enaciment of the flood lain develo ment moratorium.
Reviewed by Council & Commiltees: Reviewad by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M80 '
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor .
0 Hearing Examiner ❑ Municipal Services ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire 0 Planning
❑ Park Board ❑ Public Works 0 Legal , ❑ Police
❑ Planning Comm. Other (o Public Works ❑ Human Resources
Action:
Commiltee ApprovaL E]Yes E]No
Cowicil Approval: ❑Yes E]No Call for Public Hearing 2/23/2010
Re(erred to Unlil
Tabled Until
Councilmember: Staff: Andersen/Sn der
Meetin Date: Februar 23, 2010 Item Number:
E zL-
Page 1 of 15
AUBURN * MOIZG THAN YOU JMAGINED
EXHIBIT 1: Staff Report for Amendments to Auburn C(ty Code - Floodplain Development
" 2/17/2010
A. EXHIBIT LIST: Exhibit 1: Staff Report
Exhibit 2: Cover Memorandum and Proposed Amendments to Titles 14, 15, 16, 17, 18
Exhibit 3 Draft City of Auburn Regulatory Floodplain Map
Exhibit 4: Request to Publish Notice of Public Hearing
Exhibit 5: Affidavit of Publication for Notice of Public Hearing
Exhibit 6: SEPA Determination of Non-Significance (DNS) SEP10-0007
Exhibit 7: SEPA Environmental Checklist for SEP10-0007
Exhibit 8: Final Staff Evaluation for SEP10-0007
B. RESPONSIBLE DEPARTMENT:
City of Auburn Planning and Development Department, Kevin Snyder, AICP, Interim Director
C. RESPONSIBLE STAFF:
Chris Andersen, Environmental Protection Manager, City of Auburn Planning and
Development Department
D. AREA OF IMPACT:
Citywide
E. PLANNING COMMISSION PUBLIC HEARING DATE:
February 23, 2010
F. CITY COUNCIL ORDINANCE CONSIDERATION DATE:
• Currently scheduled for March 15, 2010
G. FINDINGS OF FACT: 1. The City of Auburn is a Mayor/Council form of government subject to the provisions of
RCW 35A (Optional Municipal Code) and more specifically is classified as a non-charter
code ciiy.
2. The City of Auburn conducts land use planning in accordance with applicabie provisions
of RCW 36.70A (Growth Management - Planning by Selected Counties and Cities).
3. Vision 2040 and Multi-County Planning Policies - Puget Sound Regional Council (PSRC)
Vision 2040 is an update of Vision 2020, the long-range growth, economic, and
transportation strategy for the 4-county central Puget Sound region. The Auburn City
Council recognized Vision 2020 in 2007 with the adoption of the 2007 Comprehensive
Plan Update. The new Vision 2040 update establishes a regional vision for the desired
pattern of population and job growth through 2040 within the four counties. Vision 2040
also contains new and amended Multi-County Planning Policies (MPPs) that provide a
framework and guidance for other regional plans, for Countywide Pianning Policies, and
for local comprehensive plans. MPPs also guide PSRC programmatic decisions, such as
plan certification and project evaluation for funding. MPPs address a number of topic
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EkHIBIT 1: Staff Report for Amendments to Auburn City Code - Floodplain Development
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areas, with policy chapters covering the environment; development patterns, housing,
economic development, transportation, and public services.
4. The City of Auburn has through previous ordinance action (Ord. 6198 § 1, 2008; Ord.
6006 § 5, 2006; Ord. 4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987 and
amended Chapter 18.68 (Amendments) pertaining to required processes and
procedures for the amendment of the text or map of Title 18 (Zoning) of the Auburn City
Code (ACC).
5. The City of Auburn has through previous ordinance action (Ord. 6239 § 1, 2009);
estabiished Chapter 17.02 (Amendments) pertaining to required processes and
procedures for the amendment of Title 17 (Land Adjustments and Divisions) of the
Auburn City Code (ACC).
6. ACC 14.03.060 (Legislative Non-Project Decisions) specifies that legislative non-project
decisions made by the City Council under its authority to establish policies and
,regulations are not classified as a"type" of project permit decision. Legislative non- project decisions include, but are not limited to, the following legislative actions:
a. Amendments to the text and map of the comprehensive plan or development
regulations.
b. Amendments to the zoning map (rezones) on a city-wide or area-wide basis.
6. ACC 18.68.020 (Initiation of Amendments) specifies the following
A. Zoning Map.
1. One or more property owners of the parcel may submit an applicaiion requesting
a reclassification of the parcel;
2. The City Councii, or Planning and Community Development Committee of the
City Council, upon its own motion may request the Planning Commission or
Hearing Examiner to conduct a public hearing on the reclassification of a parcel
or parcels of property;
3. The Planning Commission may upon its own motion call for a public hearing on
the reciassification of a parcel or parcels of property.
B. Text.
1. The City Council, or Planning and Community Development Committee of the
Ciry Council, upon its own motion may request the Planning Commission to
conduct a public hearing to amend any portion or all of this title; provided, that
text amendments that are purely administrative or procedural do not require a
public hearing, nor do they require preliminary review or recommendations of the
Planning Commission;
2. The Pianning Commission may upon its own motion call for a public hearing lo
amend ariy portion or all of this title, with the exception of purely administrative or
procedural amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this titie.
C. For the purposes of this chapter, substantive amendments shall be distinguished
from procedural or administrative amendments in accordance with the following:
"Substantive" matters relate to regulations that define or limit what can be done in , terms of conduct, use or action (e.g., what use may be made of land, what
requirements apply to development, what public infrastructure may be required of
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AUBURN*MORETHAN YOU IMAGINF.D
EXHIBIT 1: Staff Report for Amendments to Auburn City Code - Floodplain Development
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certain developments), and "procedural" or "administrative" matters are those that
relate to the process of how an application to take such action must be pursued (e.g.,
time limits for applications and appeals, what forms must be used, and where or how
applications must be submitted. Essentially, "procedural" or "administrative" matters
are the mechanical rules by which substantive issues may be pursued).
7. ACC 18.68.030 (Public Hearing Process) specifies the following:
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on
all amendments to this title. The planning commission shali make a recommendation
to the city council that may or may not conduct a public hearing.
B. Zoning Map Amendments.
1. Rezones Initiated by an Applicant Other Than City. All applications for a rezone
shall be reviewed by the planning director prior to the scheduling of a public
hearing. After review of the application, the director shall determine which of the
following two processes should occur to properly hear the rezone:
a. If the rezone is consistent with the comprehensive plan, then the hearing •
examiner shall conduct a public hearing on ihe rezone and make a
recommendation to the city council pursuant to ACC 18.66.170;
b. If the rezone is in conflict with the comprehensive plan, or there are no
policies that relate to the rezone, or the policies are not complete, then a
comprehensive plan amendment must be approved by the city council prior to
the rezone being scheduled for a public hearing in front of the hearing
examiner. The planning commission shall conduct a public hearing on the
comprehensive plan amendment and make a recommendation to the city
council.
, 2. Area-wide Zoning and Rezoning, Initiated by the City. The planning commission
shall conduct a public hearing and make a recommendation to the city council. If
applicable, a comprehensive plan amendment may also be processed.
C. City Council Decision. The city council may affirm, modify or disaffirm any
recommendation of the planning commission or hearing examiner with regard to
amendments of the text or map of this title.
8. ACC 18.68.040 (Public Hearing Notice Requirements) specifies the following:
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under
ACC 18.68.030(A), notice of a public hearing shall be given by publicaiion, in a
newspaper of general circulation in the area, at least 10 days prior to the public
hearing and by posting the notice in three general public locations.
2. City Councii. Notice of a public hearing shall be given by publication, in a
newspaper of general circulation in the area, prior to the public hearing and by
posting the notice in three general public locations.
B. Zoning Map Amendments.
1. Rezones Initiated by an Applicant Other Than Ciiy.
a. Hearing Examiner. Notice of a public hearing shall be given at least 10 days
prior to the public hearing and in accordance with ACC 14.07.040.
2. Rezones, Including Area-wide Zoning, Initiated by the City.
a. Planning Commission. As a minimum, notice of pubiic hearing shall be given
' by publication, in a newspaper of general circulation in the area, at least 10
days prior to the public hearing. Additional mailing or posting of notices may,
at lhe option of the planning commission, be required.
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EXWIBIT 1: Staff Report for Amendments to Auburn City Code - Floodplain Development
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b. City Council. As a minimum, notice of public hearing shall be given by
publication, in a newspaper of general circulation in the area, prior to the
public hearing. Additional mailing or posting of the notices may, at the option
of the city council, be required.
9. ACC 17.02.090 (Amendments) specifies the following:
A. Initiation of Amendments.
1. The city council, or the planning and community development committee of the
city council, upon its own motion may request the planning commission to
conduct a public hearing to amend any portion or all of this titie; provided, ihat no
public hearing is required for a purely administrative or procedural amendment of
any portion of this title;
2. The planning commission may upon its own motion call for a public hearing to
• amend any_portion or all of this iitle, with the exception of•purely administrative or
procedural amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this titie.
B. Public Hearing and Notice.
1. With the exception of purely administrative or procedural amendments, the
planning director shall schedule a public hearing to be held before ihe planning
commission for any proposal to amend this title or to adopt or repeal any
ordinance under the authority established by Chapter 58.17 RCW. The director
shall cause notice of such hearing to be given as follows:
a. By sending to any individual or organization which has submitted a request
- for notification a notice indicating the time and place of public hearing,
describing the general nature of the proposal, and indicating how copies of
the proposed ordinance or amendment can be obtained; and
b. By publishing in a newspaper of general circulation in the area a notice
indicating the time and place of public hearing, describing the general nature
of the proposal, and indicating how copies of the proposed ordinance or
amendment may be obtained.
2. For all proposals to make purely administrative or procedural amendments to this
title, the planning director shali cause notice of such proposed amendment to be
given as follows:
a. By sending to any individual or organization which has submitted a request
for notification advance notice of the proposed amendment that indicates how
copies of the proposed amendment can be obtained.
b. By publishing in a newspaper of general circulation in the area advance
notice of the proposed amendment that indicates how copies of the proposed
amendment can be obtained.
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EXHIBIT 1: Staff Report for Amendments to Auburn City Code - Floodplain Development
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3. For the purposes of this section, substantive amendments shail be distinguished
from procedural or administrative amendments in accordance with the following:
substantive matters relate to regulations that define or limit what can be done in
terms of conduct, use or action (e.g., what use may be made of land, what
requirements apply to development), and procedural or administrative matters
are those that relate to the process of how an application to take such action .
must be pursued (e.g., time limits for applications and appeals, what forms must
be used, and where or how applications must be submitted. Essentially,
procedurai or administrative matters are the mechanical rules by which
substantive issues may be pursued).
C. Planning Commission Recommendation. After the public hearing has been closed,
the planning commission shall recommend to. the council either adoption, adoption
with modifications, or rejection of the proposed ordinance or amendment. In
formulating its recommendation, the commission shall consider, among other things,
the relationship between the proposed ordinance or amendment and the
• comprehensive plan, other applicable city policies, and• other existing land use
controls.
D. City Council Action. The planning director shall forward the planning commission's
recommendation, in writing, lo the council. The council may elect to hold its own
public hearing, either before the full council or before a council committee, irr which
case the city clerk shail cause adequate notice to be given. The council shall
consider, but shall not be bound by, the planning commission's recommendation in
reaching its own decision. (Ord. 6239 § 1, 2009.)
10. Goai 11 (Citizen Participation and Coordination) of the Growth Management Act as
specified in RCW 36.70A.020 encourages lhe involvement of citizens in the planning
process and ensure coordination between communities and jurisdictions to reconcile
conflicts.
11. RCW 36.70A.035.2.a specifies that except as otherwise provided in (b) of the statute, if
the legislative body for a county or city chooses to consider a change to an amendment
to a comprehensive plan or development regulation, and the change is proposed after
the opportunity for review and comment has passed under the county's or city's
procedures, an opportunity for review and comment on the proposed change shall be
provided before the local legislative body votes on the proposed change.
12. The Planning and Community Development Committee and the Public Works
Committee of the Auburn Cily Council has conducted two (2) duly noticed special joint
meetings outside of the regular bi-monthly meeting schedule on issues and ideas
pertaining to the amendment of floodplain development regulations, inclusive of the
proposed amendments. These meetings were held on February 3, 2010 and February 8,
2010.
13. The Planning Commission conducted a duly noticed work study session at its regularly
scheduled February 2, 2010 meeting to review and discuss with staff issues and ideas
pertaining to the amendment of floodplain development regulations.
14. A public open house on the proposed amendments relating to the regulation of
development in floodplain areas, inclusive of amendments to Titles 14, 15, 16, 17, and
, Page 6 of 15
AUBURN* MORGTHAN YOU IMAGWLD
EXHIBIT 1: Staff Report for Amendments to Auburn City Code - Floodplain Development
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18 was held on February 18, 2010. Approximately 2000 parties were notified via the City
of Auburn Message Alert telephone notification system of the public open house. In
addition, email notification of the meeting was sent to interested parties, including
members of the volunteer floodplain task force formed by the City, a meeting notice
press release was issued by the City, and a meeting notice was published on the City's
web site.
15. Amendments to Titles 14, 15, 16, 17, and 18 addressed by this agenda bill are
scheduled for public hearing on February 23, 2010.
16. A Determination of Non-Significance was issued for the proposed amendments on
February 19, 2010 under city file SEP10-0007. The Determination of Non-Significance
was published in the February 19, 2010 edition of the Seattle Times. To date no
comments have been received. The comment period ends March 5, 2010 at 5:00 p.m.
17. Pursuant to RCW 36.70A.106, the proposed amendments outlined in this agenda bill
• and specified in detail in Exhibit "2" were sent to the Washington State Department of
Commerce and other state agencies as required for state regulatory review on February
17, 2010. No comments have been received from the Washington State Departmeni of
Commerce or other state agencies as of the writing of this report.
18. The public hearing notice was published on February 12, 2010 in the Seattie Times at
least 10-days prior to the Planning Commission public hearing scheduled for February
23, 2010.
19. The City of Auburn has previously engaged in substantive planning, environmental
analysis and policy analysis that have created a substantive policy background for
current consideration of potential amendments to the Auburn City Code. These include:
a. City of Auburn Comprehensive Plan: Last Revised on December 2009; Amended to
Comply with the Growth Management Act in April 1995 and Amended Annuaily .
Subsequently.
b. City of Auburn. Final Determination of Non-Significance-2009 Comprehensive
Plan amendments. 2007.
c. City of Auburn. Final Determination of Non-Significance-2007 Comprehensive
Plan amendments. August 2007.
d. Cily of Auburn. Final Determination of Non-Significance - 2006 Comprehensive
Plan amendments. August 2006.
e. Ciiy of Auburn. Final Determination of Non-Significance - 2005 Comprehensive
Plan amendments. September 2005.
f. City of Auburn. Final Determination of Non-Significance - 2004 Comprehensive Plan
amendments. September 2004.
g. City of Auburn. Final Determination of Non-Significance - 2003 Comprehensive Plan
amendments. October 2003.
h. City of Auburn. Final Determination of Non-Significance - 2002 Comprehensive Plan
amendments. October 2002.
i. City of Auburn. Final Determination of Non-Significance - 2001 Comprehensive Plan
amendments. October 2001.
j. City of Auburn - Auburn Downtown Plan/Final EIS. April 2001.
k. City of Auburn - Final Determination of Non-Significance - 2000 Comprehensive Plan
amendments. October 2000.
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EXHIBIT 1: Staff Report for Amendments to Auburn City Code - Floodplain Development
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1. City of Auburn - Final Determination of Non-Significance - 1999 Comprehensive Plan
amendments. September 1999.
m. City of Auburn - Final Determination of Non-Significance - 1998 Comprehensive Plan
amendments. November 1998.
n. City of Auburn - Addendum to the Final Determination of Non-Significance - 1997
Comprehensive Plan amendments. November 1997.
o. City of Auburn - Addendum to the Final Determination of Non-Significance - 1996
Comprehensive Plan Amendments. November 1996.
p. City of Auburn - Addendum to ihe Final Determination of Non-Significance -
Comprehensive Plan Amendments to Comply with the Central Puget Sound Growth
Management Hearings Board Decision. October 1996.
q. City of Auburn - Addendum to the Final Determination of Non-Significance - 1995
Comprehensive Plan Amendments. November 1995.
r. City of Auburn - Final Determination of Non-Significance - Comprehensive Plan
Amendments to Comply with the Washington State Growth Management Act.
October 1,994. ,
s. City of Auburn - Final Environmental Impact Statement - City of Auburn
Comprehensive Plan: Staff Dra(t and Recommendations. May 1986.
t. City of Auburn.-Final Determination of Non-Significance - Downtown Design Study.
April 1990.
u. City of Auburn - Final Determination of Non-Significance - Comprehensive Plan
Amendments on City Expansion and Urban Growth. July 1991.
v. City of Auburn - Final Environmental Impact Statement: Auburn North CBD Analysis.
November 1991.
w. City of Auburn -Final Determination of Non-Significance - Comprehensive Plan
Amendments on Sensitive and Critical Lands. January 1992.
x. King County Parks, Planning and Resources Department - Final Environmental
Impact Statement: Soos Creek Community Plan Update. December 1991.
y. King County Parks, Planning and Resources Department - Final Supplemental
Environmental Impact Statement: Countywide Planning Policies Proposed
• Amendments. May 1994.
z. King County Parks, Pianning and Resources Department - Supplemental
Environmental Impact Statement: King County Comprehensive Plan. July 1994.
aa. Pierce County, Department of Planning and Land Services - Proposed Lakeland Hills
South Mining and Reclamation Plan and Planned Community Development: Final
Environmental Impact Statement. July 21, 1992.
bb. Pierce County, Department of Pianning and Land Services - Comprehensive Plan for
Pierce County, Washington: Final EIS. September 20, 1993.
cc. Pierce County, Department of Planning and Land Services - Final Supplemental EIS
for the Comprehensive Plan for Pierce County, Washington. June 1994.
dd.Puget Sound Council of Governments - Final Environmental Impact Statement -
Vision 2020: Growth Strategy and Transportation Plan for the Central Puget Sound
Region. September 1990.
H. CONCLUSIONS
General Conclusions:
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' AUBURN *MORE "I-HAN YOD UAAGINF.D
, EXHIBIT 1: Staff Report for Amendments to Auburn City Code - Floodplain Development
2/17/2010
1. The amendments proposed are substantive in nature and would apply to all properties in
the City of Auburn and Potential Annexation Areas thai: a) are located in, or within 250
feet of, Special Flood Hazard Areas as identified by the Federal Emergency
Management Agency (FEMA) in the agency's flood insurance s{udies and
accompanying Flood Insurance Rate Maps (FIRMs) for King County, Washington and
Pierce County, Washington; b) are adjacent to those described in 9a. that the City of
Auburn determines are likely to support aquatic and riparian habitat; or c) are located in,
or within 50 feet of, the area of channel migration as identified by the Green River
Channel Migration Study prepared by King County in December 1993.
2. The proposed amendments are intended io update the City's floodpiain development
regulations and standards to include the requirements of the federai Endangered
Species Act (ESA) for the protection of endangered species and critical habitat as
contained in the Biological Opinion issued by the National Marine Fisheries Service
(NMFS) for the National Flood Insurance Program (NFIP).
3. The proposed amendments will support current and future Iand and shoreline uses that
• are consistent with the City's current Comprehensive Plan and current Shoreline Master
Program. Staff has not proposed substantive or non-substantive amendments that would
be deemed inconsistent with the City's adopted plans and policies.
4. The proposed City of Auburn Regulatory Floodplain map has been developed to
implement and be consistent with the proposed amendments to Titles 14, 15, 16, 17,
and 18 of the Aubum City Code.
Specific Conclusions:
5. The proposed amendments to Title 14, Chapter 14.03 eslablish permit decision types for
proposed Floodplain Development Permits.
6. The proposed amendments to Title 15, Chapter 15.68 amend the City's existing
floodplain development regulations to establish the_requirements and approvai criteria
for floodplain development permits, and include additional requirements for evaluation
and mitigation of impacts associated with development in proposed Regulatory
Fioodplain areas.
7. The proposed amendments to Title 16 revise Chapter 16.10 to clarify that the standards
and requirements for ihe identification, assessment, alteration, and mitigation of flood
hazard areas are contained in Chapter 15.68 ACC.
8. The proposed amendments to Title 17 revise Chapters 17.04, 17.09, and 17.14
(Definitions) to clarify existing definitions, add definitions for terms currently undefined in
the code, deletes or removes terms not currentiy in use in the code, to add additional
development requirements for short subdivisions, and to clarify improvement
requirements for subdivisions.
11. The proposed amendments to Title 18 create a new section 18.70.025 that establishes
substantive and process requirements for granting variances from the floodplain
requirements of Chapter 15.68 ACC.
12. The proposed amendments satisfy the requiremenis of Goal 11 (Citizen Participation
and Coordination) of the Growth Management Act as specified in RCW 36.70A.020
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EXHIBIT 1: Staff Report for Amendments to Auburn City Code - Floodplain Development
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because of the substantive public involvement efforts initiated for the Code Update
Project inciusive of the proposed amendments. These efforts include:
a. The Planning and Community Development Committee and the Public Works
Committee of the Auburn City Councii has conducted two (2) duly noticed special
joint meetings outside of the regular bi-monthly meeting schedule on issues and
ideas pertaining to the amendment of floodplain development regulations,
inclusive of the proposed amendments. These meetings were held on February
3, 2010 and February 8, 2010.
b. The Planning Commission conducted a duly noticed work study session al its
regularly scheduled February 2, 2010 meeting to review and discuss with staff
issues and ideas pertaining to the amendment of floodplain development
regulations.
c. A public open house on the proposed amendments relating to the regulation of
, development in floodplain areas, inclusive of amendments to Titles 14, 15, 16,
17, and 18 was held on February 18, 2010. Approximately 2000 parties were
notified via the City of Auburn Message Alert telephone notification system of the
public open house. In addition, email notification of the meeting was sent to
interested parties, including members of the volunteer floodplain task force
formed by the City, a meeting notice press release was issued by the City, and a
meeting notice was published on the City's web site.
d. Amendments to Titles 14, 15, 16, 17, and 18 addressed by this agenda bill are
scheduled for public hearing on February 23, 2010.
e. A Determination of Non-Significance was issued for the proposed amendments
on February 19, 2010 under city file SEP10-0007. The Determination of Non-
Significance was published in the February 19, 2010 edition of the Seattle Times.
24. The proposed amendments have been processed in accordance with ACC 18.68.020.6.
and ACC 17.02.090. The City Council and the Planning and Community Development
Committee of the Auburn City Council has previously directed the Planning Commission
and staff to prepare substantive amendments to Titles 14, 15, 16, 17, and 18 and
conduct the required pubiic hearing (s) on these amendments.
25. The proposed amendments are substantive in nature in accordance with ACC
18.68.020.C in that they pertain to regulations that define or limit what can be done in
terms of conduct, use or action for the use and development of real property in the City
of Auburn.
26. The proposed amendments have been processed in accordance with ACC 18.68.030
and ACC 17.02.090. The Planning Commission is scheduled to hold a minimum of one
public hearing on February 23, 2010. The City Council is currently scheduled to consider
an ordinance for the proposed amendments on March 15, 2010.
27. The proposed amendments have been processed in accordance with ACC
18.68.040.A.1 and ACC 18.68.040.B.2, and ACC 17.02.090. A public hearing notice was
published on February 12, 2010 in the Seatlle Times. A public hearing notice was sent to
approximately 850 property owners in the affected area, members of the volunteer
Floodplain Task Force, and interested parties.
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, EXHIBIT 1: Staff Report for Amendments to Auburn City Code - Floodplain Development
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28. In formulating its recommendation, the Commission shall consider, among other things,
the relationship between the proposed ordinance or amendment and the comprehensive
plan, other applicable city policies, and other existing land use controis. The proposed
amendments are generally consistent with the City of Auburn Comprehensive Plan, and
specifically consistent with the following goals and policies contained therein:
GOAL 18: ENVIRONMENT AND NATURAL RESOURCES
EN-3 The City shall seek to minimize degradation to surface water quality and aquatic
habitat of creeks, streams, rivers, ponds, fakes and other water bodies; to preserve and
enhance the suitability of such wafer bodres for contact recreation and fishing and to
preserve and enhance the aesthetic quality ot such waters by requiring the use of
current Best Management Practices for control of stormwater and nonpoint runoff.
EN-13 The City shall consider the impacts of new development on water quality as part
• of its environmental review process and require any appropriate mitigating measures. Impacts on fish resources shall be a priority concern in such reviews.
EN-20 The City shall encourage the retention of vegetation and encourage landscaping
in order to provide filtering of suspended particulates.
EN-23 The City shall seek to protect any unique, rare or endangered species of plants
and animals found within Uie City by preventing the indiscriminate and unnecessary
removal of trees and groundcover; by promoting the design and development of
landscaped areas which provicle food and cover for wildlife; and by protecting and
enhancing the quality of aquafic habitat.
EN-24 The City shall consider the impacts of new development on the guality of land,
known or suspected fish and wifdlife habitats (Map 9.2) and vegetative resources as a
part of its environmental review process and reqcrire any appropriate mitigating
measures. Such mitigation may involve the retention of significant habitats and tlie use
of native landscape vegetation.
EIV-27 The Cify recognizes the important biological and hydrological roles that wetlands
play in providing plant and animal habitat protecting water quality, reducing fhe need for
man-made flood and storm drainage systems, maintaining water quality, and in providing
recreational, open space, educational and cultural opporfunities. The City will consider
these roles and functions in all new development and will also pursue oppoitunities to
enhance the existing wetland system when these multiple benefits can be achieved.
EN-33 The City recognizes the important benefits of nafive vegetation including its role
in attractirlg native wildlife, preserving the nafuraf hydrology, and maintaining the natural
character of the Pacific Northwest region. Native vegetation can also redtrce the use of
pesticides (thereby reducing the amount of contaminants that may enter nearby water
systems) and reduce watering required of non-native species (thereby promoting
conservation). The City shall encourage the use of native vegetafion as an integral part
of public and private development plans through strategies that include, but are not
limited to, the following:
• Encouraging the use of native plants in street landscapes and in public facilities.
Page 11 of 15
AUBURN * MORE THAN YOU IMAGINED
EXHIBIT 1: Staff Report for Amendments to Auburn City Code - Floodplain Development :
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• Providing greater clarity in development regulations in how native plants can be
used in private development proposals.
• Pursuing opportunities to educate the public about the benefits of native plants.
EN-34 The City shall discourage the unnecessary disturbance of natural vegetation in
new development.
GOAL 19. HAZARDS
EN-57 The City shall seek to protect human health and safety and fo minimize damage
to the property o( area inhabitants by minimrzing the potential for and extenf of flooding
or inundation.
EN-58 Flood prone properfies outside o( the floodway may be developable provided that
such development can meet the standards set (orfh in the Federal flood insurance
' program.
EN-59 Any subdivision of property within fhe /lood plain shall avoid creating fots which
would be subject to serious threats to life, health and property from /loodwaters.
EN-60 Site plan review shall be required under SEPA for any significanf (e.g. over the
SEPA threshold) development in the flood plain. Appropriate mitigating measures shall
be required whenever needed to reduce potentiai hazards.
EN-61 Any development wifhin fhe floodway which would reduce the capacity of the
floodway shall be prohibited.
EN-64 The City shall consider the impacts of new development on frequently flooded
areas (Map 9.5) as part of its environmental review process and require any appropriate
mitigating measures. As part of this review process, flood engineering and impact
studies may be reguired. Within FEMA designated 100 year /loodplains and other
designated frequently flooded areas, such mitigation may include /lood engineering
studies, the provision of compensatory flood sforage, floodproo/rng of sfructures,
elevafing of structures, and downstream or upstream improvements.
GOAL 20: POLICIES FOR PROTECTION OF ENDANGERED FISH SPECIES
EN-86 The City will continue to participate and support the various State, Federal and
local programs including Water Resource Inventory Area (WRIA) No. 9(Green River)
and WRIA No. 10 (White-Stuck River) to protect and restore endangered species.
EN-87 The City shall seek to minimize surface water quality and aquatic habitat
degradation of creeks, streams, rivers, ponds, lakes and other water bodies; to preserve
ar7d enliance the suitability of such water bodies as habitat for restoration of endangered
species.
~ EN-88 The City shall obtain information during the review of development proposals, as
rt relafes to the Endangered Species Act, so fhat best management practices and best
available science are considered and included in the Cify's evaluation and decision-
mal<ing process.
Page 12 of 15
AUBURN* MORE'THAN YOU IMAGWF.D
EXHIBIT 1: Staff Report for Amendments to Auburn City Code - Floodplain Development
2I1712010
GOAL 21: GENERAL POLICIES AND REGULATIONS WITHIN AUBURN'S
SHORELINES
EN-106 Developments and activities in the City's shoreline should be planned and
designed to retain native vegetafion or replace shoreline vegetation with native species
to achieve no net loss of the ecological functions and ecosystem-wide processes
performed by vegetation.
EN-108 All shoreline use and development should be carried out in a manner that avoids
and minimizes adverse impacts so that the resulfing ecologicaf conditions do not
become worse than the current condifion. This means assuring no net /oss of ecological
functions and processes and protecting critical areas designated in Appendix A, Chapter
16.10 "Critical Areas" that are located in the shoreline. Should a proposed use and
devefopment potentially create significant adverse environmental impacts not otherwise
avoided or mitigated by compliance with fhe master program, the Director should require
• mitigation measures to ensure no net loss o( shoreline ecological (unctions. •
EN-109 Provide a/eve/ of protection to critical areas wifhin the shoreline that is at least
equal to that which is provrded by the City's critical areas regufatrons adopted pursuant
to the Growth Management Act and the City's Comprehensive Plan.
EN-118 The Cify should manage (lood protection through the City's Comprehensive
Drainage Plan, Comprehensive Plan, stormwaterregulations, and flood hazard area
regulations.
EN-119 Discourage development within the floodplains associated with the City's
shorelines thaf would individually or cumulatively result in an increase to the risk of llood
damage.
29. The proposed amendments are generally consistent with the City of Auburn Shoreline
Master Program, and specifically consistent with the following goals and policies
contained therein, and their associated SMP regulations:
4.4.2 SHORELINE VEGETAT(ON CONSERVATION
Policies
1. Developments and activities in the City's shoreline should be planned and designed
to retain native vegetation or replace shoiefine vegefation ivifh native species to
achieve no net /oss of the ecological functions and ecosystem-wide processes
performed by vegetation.
4.4.3 ENVIROIVMENTAL IMPACT MITIGATION
Policies
1. All shoreline use and development should be canied out in a manner that avoids and
minimizes adverse impacts so that the resulting ecological condition does not become
worse than the current condition. This means assuring no net loss of ecological functions
and processes and protecting critical areas designated in Appendix A, Chapter 16.10
"Critical Areas" fhat are located in the shoreline. Should a proposed use and ~
development potentiafly create significant adverse environmental impacfs not otherwise
avoided or miligated by compliance with the master program, fhe Director should require
mitigation measures fo ensure no net loss of sftoreline ecological funcfions.
Page 13 oF 15
AUBURN*MORE THAN YOU IMAGINED
EXHIBIT 1: Staff Report for Amendments to Auburn City Code - Floodplain Development
2/17/2010 '
4.4.4 CR(TICAL AREAS
Policies
1. Provide a level oi protection to critical areas within the shoreline that is at least equal
to that which is provided by the City's critical areas regulations adopted pursuant to the
Growth Management Acf and the City's Comprehensive P(an. If conflicts between the
SMP and the critical area regulations arise, the regulations that are most consistenf with
the SMA or its WAC provisions will govern.
2. Aliow activities in critical areas that protect and, where possrble, restore the ecological
functions and ecosystem-wide processes of the City's shoreline.
3. Preserve, protect, restore and/or mitigate wetlands within and associated with the
City's shorelines to achieve no net loss of wetfand area and wetland functions.
4. Developments in shoreline areas that are identilied as geologicaily hazardous or pose
a,(oreseeable risk to people and improvements during the life of the development should •
not be allowed.
4.4.7 FLOOD HAZARD REDUCTION
Policies
1. The City should manage flood protection through the City's Comprehensive Drainage
Plan, Comprehensive Plan, stormwater regulations, and flood hazard areas regulations.
2. Discourage development within the floodplains associated with the City's shorelines
that would individually or cumulatively result in an increase to tho risk of flood damage.
3. Non-structural flood hazard reduction measures shoulU be givert preference over
structural measures. Structural flood hazard reduction measures should be avoided
whenever possible. When necessary, they should be accomplished in a manner that
assures no net /oss of ecological functions and ecosystem-wide processes. Non-
structural measures include setbacks, land use contro/s prohibiting or limiting
development in areas that are historically flooded, stormwater management plans, or
bioengineering measures.
4.4.8 WATER QUALITY, STORM WATER AND NON-POINT POLLUTION
Policies
1. The City should prevent impacts to water quality and storm water quantity that would
result in a net loss of shore(ine ecologrcal (unctions, or a significant irnpact to aesthetic
qualrties, orrecreational opportunities.
4. Encourage conservation of existing shoreline vegetation which provides water quality
profection by slowing and filtering stormwater runoff.
4.7. 10 TRANSPORTATION Policies
1. Plan, /ocate, design and where appropriate construct, proposed roads, nonmotorized
systems and parking facilities where routes will have Ihe /east possible adverse effect on
unique or fragile shoreline features, will not result in a net loss of shoreline ecological
functions or adversely impact existing or planned water dependent uses. Where otlter
Page 14 of 15
AUBURN*MO[LC- THAN YOU IMAGWGD
EXHIBIT 1: Staff Report for Amendments to Auburn City Code - Floodplain Development
' 2l17/2010
options are available and feasible, new roads or road expansions should not be built
within shoreline jurisdiction.
1. RECOMMENDATION
Staff recommends that Planning Commission recommend approval of the proposed
amendments to Titles 14, 15, 16, 17, and 18 of the Auburn City Code to the Auburn City
CounciL
Page 15 of 15
AUBURN *MORF. THAN YOU IMAGWf:D
y
c~rY oF , Memorandum
A ~ 11^-Vg g °
WASHINGTON
d"
TO: Planning Commission
f ROM: Chris Anderseu, Environmental Protection Manager
CC: Pete Lewis, Mayor
Kevin Snyder, Interim Director, Planning and Development Department
Jeff Dison, Principal Plamier
Elizabeth Chamberlain, Principal Planner
Dennis Dowdy, Director, Public Works Department
Dennis Selle, City Engineer/Assistant Public Works Director
tugrid Gaub, Assistant City Engineer
Tim Carlaw, Sta•m Drainage Engineer
Dan Heid, City Attorney
Stevc Gross, Assistaut City Attoruey
DATE: Februaiy 1 l, 2010
SUBJECT: Advance Paclcet Materials - Draft Floodplain Regulation Amendments
Please find enclosed draR amendments to Chapter 15.68 - Flood Hazard Areas and other associated sections
of the Aubwn City Code fa- yow• review in Tdvance of the fu(I meeting packet for the February 23, 2010
Planning Coininissioii meeting and public hearing. The balance of Nie meeting packet will be sent to
Commissioners early next week. Draft amendments to Chapters 14.03, 15.68, 16.10, 17.04, 17.09, 17.14, uid
18.70 of the Aubw•n City Code are being sent to Commissionars at tliis time to allow adequate oppoitunity for
review of the of the proposed amendments.
As iiidicated at the Planning Coininissioii meeting on February 2, 2010, staff had initially recomutended tliat
the Planning Coininissioii review changes to Titles 16, 17, and 18 of Hie Auburn City Code that needed to be
updated to suppoit chnnges in tlie floodplain regulations in response to new rulemaking efforts by the Federal
Emergency Management Agency (FEMA). After finlher discussion, staff hns identified that it would be
prudent and appropriate for the Conunission's review to include the proposed changes to TiNes 14 and 15,
most specifically Chapter 15.68 (Flood Hazar(i Areas). Staff's reason for this modified recommendation is
that we believe that thc Conunission and ihe City's code amendment process will be better served by haviug
the Commission review all changes together and make recommendations on thc fiill package of amendments.
This memorandum provides an outline o£the proposed amendments. Additioually, it is suggested that
Commissioners refer to Appendix B(NFIP Checklist) and Appendix F(Bi-Op Checklist) which were
previously provided at the study session on February 2, 2010. These appendices identify the substantive NFJP
and Bi-Op requirements that FEMA has directed should be indicated in local comrounities' floodplain
regulations and should serve as a useful reference to assist in your review. A draft map of the proposed
Regulatory Ploodplain will be sent Commissioners in next week's mailing.
EXHIBIT ~
SUMMARY OUTLINE Or PROPOSED AMENDMENTS TO AUBURN CITY CODE
TITLE 14 PROJECT REVIEW
CHAPTER 14.03 - Types of Project Permit Decisions.
14.03.010, 14.03.020 - Amended to add permit decision types for floodplain development permits, delete
reference to flood control zone permit.
TITLE 15 BUILDINGS AND CONSTRUCTION
CHAPTER 15.68 - Rlood Hazard Areas
15.68.010, 15.68.020 - Sections repealed (reserved).
15.68.030 - Statement of purpose amended to add: protection of property; qualification of Auburn for
National Flood Insurance Program (NFIP); Maintaining water quality of natural surface waters and
associated floodplains functious; and preventing/minimizing reduction or loss of floodplain and stream
channetfunction.
15.68.040 - Methods of reducing flood losses amended to add: Identifying the Regulatory Floodplain, Special
Flood Hazard Area (SFHA), Protected Area, and the supporting technical data needed to identify these areas;
Establishing a permit requirement so that development in regulatory floodplain is reviewed before it is
wnstructed; Setting minimum pirotection standards in the Regulatory Floodplain to ensm-e that development
wi(I not increase tlie potential for flood damage or adversely affect natural floodplain functions; Settiug
minimum standards to protect new and substantillly improvcd sh•uctures fi•om flood damage; and Specifying
additional habitat protection criteria.
15.68.050 - No changes proposed.
15.68.060 - Definitions amended to delete the following terms: Appeal, Area of shallow flooding, Area of
special flood hazard; to revise the following terms: BTSe flood, BTSement, Development, Fiood/Flooding,
Flood insurance study, floodway, lowest floor, manufactured home, manufactured home park/subdivision,
Start of construction, Substantial improvemenh aud to add tlie following terms: base flooA clevation, Chamief
migration area, Critical facility, Dry floodproofing, Elevation certificate, Equivalent etevation, FEMA, Fish
and wildlife habitat conservation area, Flood protection elevation, Historic suvcture, Hyporheic zone,
Impervious surface, market value, Native vegetation, Natural floodplain functions, Protected area, Regulatory
floodplain, Riparian, 2iparian habitat zone, Special flood hazard area (SFHA), Substantial damage, Water
typing, Zone.
15.68.070 - Amended to establish thnt the chapter is applicable to the City of Auburn Regidatory Floodplain
and reference to City of Aubw•n Regulntory Floodplain Map.
15.68.080- Section repealed (reserved).
15.68.090 - Amended to clarify that no development to be undertaken without compliance with terms of the
Chapter.
15.68.100 - No clianges proposed.
15.68.110 - Amended to actd provisioii that maps nrc reference only unless othcnvise provided.
15.68.120 - Amended to clerify disclaimer of City liability.
15.68.125 - New section added to provide procedure for appeals and variances.
15.68.130 - Amended to delete references to flood control zone permit and establish requirement for
obtaining floodplain development permit.
15.68.135 -New section added to establish submittal requirements for floodplain development permit
application.
15.68136-New section added to establish time limitation and availability of extensions for floodplain
development permits when construction has not been started.
15.68.140 - New section added to designate Director of Planniug and Development Depaitment as Floodplein
Adminishhtor.
15.68141- New section added to estabtish duties of Floodplain Administrator.
15.68.150 - Ameiided to clarify duties of Public Works Department. 2
15.68.151 - Amended to change responsible City unit from Building Division to Planning and Development
Deparhnent.
15.68.160 - Amended to add additional standards for Public Works Department.
15.68.161- Ameuded to change responsible City unit from Building Division to Planning vid Development
Dapai4ment and add additional standards as required by FEMA-GSA Biop.
15.68.170-Amended to add additional standards as required by FEMA-ESA Biop.
15.68.180 - Amended to revise data requirements and review process for changes to flood hazard data and
mapping, including adding references to new regional guidance for hydrologic and hydraulic studies to be
issued by FEMA widi tlie model ordinance.
15.68.190 - Amended to reflect use of new terniinology defined in 15.68.060.
15.68.200 - Amended to remove definition of equivalent elevation which is now defined in 15.68.030 and
add ndditioual habitat requirements associated widi the creation of new flood storage areas.
TITLE 16 ENVIRONMENT
Chapter 16.10 - Critical Are:is
1610A10 - Amended to replnce "100-year floodplain" with "Regulatoiy Floodplain" and reference Chapter
15.G8 ACC for floodplain development requirements.
1610.070 - Amended to replace "flood control zone permits" with "floodplain development permits".
TITLE 17 LAND ADJUSTMENTS AND DIVISIONS
Chaptcr 17.04 - Definitions
17.04.045 - Deleted. 17.04.300 - Definition of Regulatory Floodway amended.
17.04.305 - New section to add definition for Regulatoiy Floodplain.
17.04.335 - New section to add definition for Special Flood H2zard Area.
Chapter 17.09 - Shm•t Subdivisions
17.09.050-Amended to add additional subdivision requirements in Regulatory Floodplain.
Cliapter 1714 - Iwprovement Requirements - Subdivisions
17.14.110 - Amended to provide consistency of terms anc3 reference to Chnpter 15.68 ACC.
TITLE 18 ZONING
Chapfer 18.70 - Variances, Special Exceptions, and Admiuistrative Appcals
18.70.010 - Amended title of this section to specify zoning variances.
18.70.025 - New section to provide procedures and requirements for variances from the requirements of .
Chapter 15.68 ACC.
3
Proposed Amendments
Title 14
' Exhibit A to Ordinance 6295 D R A F T
Chapter 14.03
TYPES OF PROJECT PERMIT DECISIONS
Sections:
14.03.001 Generally.
14.03.010 Type I decisions. .
14.03.020 Type II decisions.
14.03.030 Type III decisions.
14.03.040 Type IV decisions.
14.03.050 Type V decisions.
14.03.060 Legislative nonproject decisions.
14.03.001 Generally.
Project permit decisions are classified into five types, based on whether a director, the hearing
examiner or the city council makes the decision and the process by which that decision is made.
(Ord. 4835 § 1, 1996.)
14.03.010 Type I decisions.
Type I decisions are administrative decisions made by the city which are not subject to
environmental review under the State Environmental Policy Act (SEPA) codified at Chapter
43.21C RCW. Type I decisions include, but are not limited to, the following project applications:
A. Building permit;
B. Plumbing permit;
C. Mechanical permit;
D. Utility permit;
E. Special permit;
F. Excavation permit;
G. Land clearing permit;
H. Grading permit;
~ i. Floodqlain development centrel-zene-permit;
J. Public facility extension agreement;
K. Right-of-way use permit;
L. Lot line adjustment;
M. Home occupation permit;
N. Temporary use permit (administrative); ` .
0. Administrative use permit,
P. Short subdivision (plat);
Q. Mobile home closure plans. -
R-Fleeda~eve~^^.,,~
-(Ord. 5746 § 2, 2003; Ord. 4835 § 1, 1996.)
14.03.020 Type II decisions.
Type II decisions are administrative decisions made by the city which include threshold
determinations under SEPA. Type II decisions include, but are not limited to, the following project
applications:
A. Building permit;
B. Grading permit;
C. Land clearing permit;
D. Public facility extension agreement;
E. Administrative use permit;
F. Short subdivision (plat). Draft date 2.5.2010
Exhibit A to Ordinance 6295 D R A F T •
G. Floodplain development permit.
(Ord. 4835 § 1, 1996.)
14.03.030 Type III decisions.
Type III decisions are quasi-judiciai final decisions made by the hearing examiner following a
recommendation by staff. Type III decisions include, but are not limited to, the following project
applications:
A. Temporary use permit;
B. Substantiai shoreline development permit;
C. Variance;
D. Special exceptions;
E. Special home occupation permit;
F. Preliminary plat;
G. Conditional use permit;
H. Surfece mining permit. (Ord. 6184 § 3, 2008; Ord. 4835 § 1, 1996.)
14.03.040 Type IV decisions.
Type IV decisions are quasi-judicial decisions made by the city council following a
recommendation by the hearing examiner. Type IV decisions include, but are not limited to, the
following project applications:
Rezone (site-specific). (Ord. 6184 § 4, 2008; Ord. 4835 § 1, 1996.) 14.03.050 Type V decisions.
Type V decisions are quasi-judicial decisions made by the city council following a
recommendation by staff. Type V decisions include, but are not limited to, the foliowing project
applications:
Final plat. (Ord. 6184 § 5, 2008; Ord. 4835 § 1, 1996.)
14.03.060 Legislative nonproject decisions.
Legislative nonproject decisions made by the city council under its authority to establish policies
and regulations are not classified as a"type" of project permit decision. Legislative nonproject
decisions include, but are not limited to, the following legislative actions:
A. Amendments to the.text and map of the comprehensive plan or development regulations.
B. Amendments to the zonirrg*naap (rezones) on a city-wide or area-wide basis. (Ord. 4835 § 1,
1996.) F,.
Draft date 2.5.2010
• Exhibit B to Ordinance 6295
~ 1166 "Substantial Damaqe: means damage of anv oriqin suslalned by a structure
whereby the cost of restorinq the structure to its before damaaed condition would eaual
or exceed 50 percent of ihe market value oT ihe structure before the damaqe occurred.
I Fer-eureeses-e44' subsection. " " N-mean-Nae-cursenf-assessed-value-
RJJkIk. °Substantiai improvement' or °substantially improved' means any repair,
reconstruction, addilion, reolacement or improvement of a structure, lhe cost of which
equals or exceeds 50 percent of the arsess d valc+ation market value of such slruclure
betore the "start of construction° of the Improvement. This term Includes struclures that
have incurred "substantial damaqe" reaardless of the actual reoalr work done..-FeF
pu rkeWalae!~freAEa~ °^~~ea~,~,...lu~.as
establisM aty-eFRia ^t, a°°e°°^: ^ ta~ .^NeitheF
. r1ed; er
2. Ir ~~-.,~.,.,a°'• ctare-hask ' g Festered; Fieforetlae-danaage
escurrsar.~_, o, . ~~e-pur»eses-eFthis definiGon, usubSEatati24 imqrevement-is eonsidered-to
essar-wbeMHe-tirst-alteratier~--s(-any-wall-seiliag-fleeFOFo^..,,~.-;..aa'. ^tural-part-"e
buAdia , eratien a#fes'^'"^..V'°al~iaaerasieas-ef-tke
skastare.
The term does not, however, include eilher:
1. Any project for improvement of a structure to semp{y-with correct existing
violations of state or local health, sanitary, or safety code specifications which are selely
lhat have been idenlified bv the local code enforcement oHicial and that are the minimum
necessary to assure safe living conditions; or
2. Any alteralion of a structure Ifsted on the National Regisler of Historic Places
or a State Inventory of Historic Places.
~ SKKdd. °Variance" means a grant of relief from lhe requirementsof this chapter which
permits construction in a manner that would othenvise be prohibited by this chapter.
I(Ord. 6161 § 1, 2008; Ord. 4520 § 1, 1995; Ord. 4357 § 2(2.7 - 2.17), 1989.)
LLKI4 °Wafer Tvaina" means a svstem for classiNinq water bodies accordinp to their
size and fish habilat characteristics. The Washinqton Department oi Natural Resources'
Forest Practices Water Tvoinq classification system is herbv adopted bv reference. The
svstem defines four water lvoes:
1. Tvpe °S" = Shoreline: Streams that are desiqnated "shorelines of the State."
includinp marine shorelines
2. Tvae "F" = Fish: Streams that are known to 6e used bv fish or meet the ohvsical
criteria to be ootentiallv used by fish.
3 Tvpe °Np' = Non-Fish Perennial streams
4. Type °Ns' = Non-Fish Seasonal streams
~ MM66 "Zone" means one or more areas delineated on the FIRM. The followinq
zones mav be used on the adooted FIRM. The Special Flood Hazard Area is comorised
of the A Zone.
(a) A• SFHA where no base flood elevation is orovided.
(b) AM numbered A Zones (e.q. A7 or A14). SFHA with a base flood elevation. ,
(c) AE: SFHA with a base flood elevalion.
(d) AO• SFHA subiect to inundation bv shallow floodinq usuallv resultina from sheet
tlow on stopinq terrain with averaqe deulhs belween one and three feet. Aver-age flood
deoths are shown. '
(e) AH: SFHA subiect to inundation bv shallow (loodinq (usuallv areas of nondinq)
with averaqe denths belween one and three feet. Base Flood elevations are shown.
(o B: the area between the SFHA and the 500-Year Flood of the primarv source of
floodinq It mav also be an area with a local shallow Floodinq Problem or an area
orotected bv a levee.
~ Draft date 2. }811.2010
Page 8 of 24
Exhibit B to Ordinance 6295
(a) C: an area of minimal flood hazard as above the 500-vear flood level of the
primary source of 0oodina B and C Zones mav have floodinq that does not meet the
criteria to be mapped as a Special Flood Hazard Area esoeciailv pondinq and local
drainaqe qroblems. (h) D: area of undetermined but oossible flood hazard.
(i) X• the area outside the mapped SFHA.
{j) Shaded X• the same as a Zone B, above,
ARicle III. General Provislons
16.68.070 Land to which this chapter applies.
This chapter shall apply to the Reaulatorv Floodplain. I-areas
o€ spesial-4leed Faazards within lhe jurisdiction of the city. (See Ex"'b'' "a"a^h°d"^
kki pter-an~-iacerperated-pereia-l3y-reference; the State
Fleed-6eHketZeae CiN of Auburn Requlatorv Floodplain Map on f le in the Office of the
cit Clerk .(Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(3.1), 1989.)
15.68.080 Reserved. @asis-ferestabNsh:^^'e a:ea :otspesia4#lood-aaaarci:
T~ t n v..e~:n~,cv,w~A^.. A 4.......1 '.Ieel'f.e.i Mv 4M
,u vr e.F-e.deFel-IasuraACe'Admitaistr2Ner~4n
a 66ientifiG and gineeriAg ••A ..n4'll...l "TL... CI....A I..
a ' e ~ g Fleed
m ,
apA-d pte . dy-and €IRA4-are-en
#ile-3~'-~~-~~n1--r:"-;:,; AHbdrr, WasltiRgteR$8891: THe 13e5t-available-iHfeFFnatien-fef fleed
hazard-area-idenEif+sationas-euNiRed in-AGG 15:68:769(B) sMall-be thebasis4eF
reqalatien uAtil a-nevo F+RAA464SSNed4haNflserperates-dataulilizecluAder-A66
46~68:It58(8). (9r9-&161 808; 9fd-4~28-§-1-188 ; , *980.4
15.68.090 Penalties for noncompliance.
No stwstare-eFlaadshal1 h^.^^^:-4e sor;:; asted-lesa F
altered develonment shall be undeRaken without fuli compliance with the lerms of this
chapter and other applicable regulations. Violation of the provisions of this chapter by
failure to comply with any of its requirements (including violations of conditions and
safeguards established in conneclion with conditions) shall be enforced pursuant fo the
provisions of Chapter 1.25 ACC. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4502
§ 20, 1991; Ord. 4357 § 2(3.3), 1989.)
15.66.100 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail. (Ord. 6161 § t, 2008; Ord. 4820 § 1, 1995; Ord. 4357
§ 2(3.4), 1989.)
15.68.110 Inte rp retati o n.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit or repeal any other powers granted under state stalutes.
I Draft date 2.4011.2010
Page 9 of 2d
I
• Eahibit B to Ordinance 6295
D Maos referred to in this Chaoter are for reference onlv unless soecified. If the man
does not specificallv indicate that it Is the orimarv source of regulation, the text of the
applicable Code seclion shall confrol over anv contrarv informafion provide on a map.
(Ord. 6167 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(3.5), 1989.)
15.68.120 Warning and disclaimer oi Ilability.
The degree of flsed pwoertv and habitat protection required by this chapter is
considered reasonabie for regulatory purposes and is based on scientific and
engineering considerations. Larger floods and movement of channels outside of maooed
channel miqration areas can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This chapler does not imply that land oulside
tha areas of special flood hazard or uses permitted wilhin such areas will be free trom
flooding or flood damages. This chaoter does not implv that Iand outside the regulated
areas or develoament oermitted within such areas will be free hom flood or erosion
dama4e This chapter shall not create liability on the parl of ihe city, any officer or
employee thereof-eFtqe-Fecleral-{ASUranse AdmiAisfratiop,-for any Aeed damages to
prooertv or habitat that results from reliance on this chapter or any administrative
decision lawfully made thereunder. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord.
4357 § 2(3.6), 1989.)
15.68.125. Appeals
A. The Hearlnq Examiner shall hear and decide appeals and reauests for varian'ces
from the reauirements of lhis chapter.
8. The Hearina Examiner shall hear and decide appeals when it is alleqed there is
an error in anv reauirement, decision, or determination made bv lhe Floodqlain
administrator in the enforcement or adminislralion of this chapler.
C. Those aaqrieved bv the decision of the Hearina Examiner mav appeal such
decision to the Suqerior Court.
D. Upon consideration of the factors of this Chapter and the purposes of this
chaoter, the Hearinq Examiner mav attach such conditions to the granlinq of variances
as it deems necessarv to further the qurqoses of this chaoter.
Article IV. Administration
15.68.130 Establishment of and reauirement to obtain floodplain development
permlt.
A. A Floodolain development permit shall be obtained before construction or
development begins within the Requlatorv Ftoodplain any-areaet-spesial-fleed-hazard
esEabAsbed-ia-A66-4 5f@,980. The permit shall be for all s1w*,lures-insluAing .
manufactcired-h^^e&,^ ^^-~,-~t-fe Fall-etheF development
IRSIudiAg-fi44-and-etheF-asklviHes alse-2s-seFkKih iA-AGG-156"69 as defined in ihis
cha ter.
B. A develoqment proiect is not subject to the repuirements of this chaoter if it is -
located on land that can be shown to be
1. Outside the Protected Area and
2. Hiqher than the base tlood elevalion.
The floodalain administrator shall inform the apnlicant that the oroiect mav still be
subiect to the flood insurance ourchase requirements unless the owner receives a Letter
of Mao Amendment from FEMA.
C. Non-Development Activities. Activities ihat do not meet the definilion of
"devefonment" in this chapter are aflowed in lhe Requlalory Floodolain without the need
~ Draft date 2.ln 11.2010
Page 10 of 24
Exhibit B to Ordinance 6295 .
for a floodplain develooment oermit under this chapter orovided all other Federal Slate
~ and local reauirements are met The followina are examples of aclivities not considered
development or "man-made chanaes io imqroved or unimproved real estate'
1 Routine maintenance of landscaoina lhat does not involve qradina excavation
or tillinq;
2 Removal of noxious weeds and hazard irees and replacement ot non-native
vegetation wilh native veqetalion:
3 Normal maintenance of structures, such as re-roofinq and replacinq sidinq.
~ previded-as lona as such work does not pualify as a substantiaf improvemenC
4 Normal maintenance of above qround qublic utilities and facililies, such as
renlacinq downed oower lines:
5 Normal street and road maintenance, includinq fillinq qotholes reoavina, and
installinq sians and traffic sipnals but not includina expansion of oaved areas
6 Normal maintenance of a levee or other flood control facility orescribed in ihe
operations and maintenance plan for the levee or Flood control facilitw and
7 Plowinq and other normal tarm aractices (other than struclures or filling) on farms
in existence as of the effective dale of Ihis ordinance.
D Activities Allowed Wilh a Floodplain Permit. The followinq aclivities are allowed in
~ the Requlatorv Floodplain wilhout the analvsis required in Seclion 15 68 160C or the
habitat impact assessment reauired under ACC 15 68 130K qrovidina all other
requirements of this ordinance are met includinq obtaininq a Floodqlain development
ep rmit:
1 Reoairs or remodelinq of an exislina structure orovided that the reoairs or
remodelinq are nol a substantial improvement or a repair of substantlal damaqe
2 Exqansion of an existina struUUre that is no areater than len oercent bevond its
existina footqrint provided that ihe repairs or remodelina are not a substantial
imorovement or a reuair of substantial damaqe This measurement is counted
cumulativelv from the effective date of this ordinance If the structure is in the Floodwav,
there shall be no chanae in the dimensions oeroendicular to flow.
3 Activities with the sole purpose of creatina restorinq or enhancinq natural
functions associated with (Ioodolains streams, lakes estuaries marine areas, habitat,
and riparian areas that meet Federal and State standards provided the activities do not
include struclures, qradinq fill or impervious surfaces.
4 Development of open space and recreational facililies such as oarks trails and
hunlinq qrounds that do not include slruclures qradinq fill impervious surfaces or
removal of more than 5% of the native veaetation on the oropeRV.
E. Olher Activities
~ All other activities not Iisted in 15.681308G or DC are allowed prevideA-as lona as
lhev meet all the other reauirements of lhis ordinance includinq the analvsis reauired in
I Seclion 15 68 160 and the habitat impact assessment and anv mitipation repuired under
Seclion 15 68 135L and Seclion16 58.135K and a floodplaln devebnment oermit is
issued.
s-ter~leed-seakel-~ts shalt-eenform-lo-Sestion 3-ef
qybyrp-6fyr-g ' oa-Becember-~86.2 (Ord. 6161 § 1, 2008;
Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.1), 1989.)
15.66.135 Floodulain Development Permit Application.
Apqlication for a(loodplain development qermit shall be made on forms furnished bv ,
the Ooodplain administrator and shall include, but not be limited to, A One or more site plans drawn to scale, showinq:
~ Draft date 2: 401 I.2010
Page l l of 24
. . Exhibit B [o Ordinance 6295
1. The nalure location dimensions and elevations o/ lhe qroperty in auestion.
2. Names and location of all lakes, water bodies, watenvavs and drainaae facilities
within 300 feet of the site.
3. The elevations of the 10-. 50-. 100-, and 500•vear floods, where fhe data are -
I available-. -Additionaliv for prooertv located within the SFHA base flood elevations for
shall be included as reauired In ACC 15.68.060.8.3.
4. The boundaries of the Regulatory Floodplain. SFHA, floodwav, rioarian habitat
zone, and channel miaration area, delineated in accordance with this chaoter.
5. The oroposed drainaqe svstem including, but not limited to storm sewers,
ovedand flow qaihs, detention facilities and roads.
6 Existinq and proposed structures fill oavement and other imnervious surfaces,
and sites for sloraqe of materiais.
7. All wetlands.
8. Designated fish and wildlife habitat conservation areas, and
9. Existinq native vegetation and prooosed reveqetation (see ACC 15.68.161 D).
B. If the aroposed oroject involves rearadinq, excavalion, or fillina, the site plan shall
include uroposed post-develoqment terrain at one foot contour intervals.
C. If the orouosed aroiect includes a new structure. substantial imurovement. or
reoafrs to a substantially damaqed structure that will be elevated, the aonlication shall
include the FPE for the building site and the arooosed elevations of the followinq:
1. The too of bottom floor (includinq basement, crawisoace, or enclosure iloor)
2. The too of the next hiaher floor
3. The top of the slab of an attached qaraqe
4. The Iowest elevation of machinery or eauioment servicinq the structure
5. The towest adiacenl (finished) grade next to strudure .
6. The hiqhest adiacent (finished) qrade next to structure
7. The lowest adiacent grade at the lowesl elevation of a deck or stairs, inGudina
structuraf supoort
D. If the nrooosed oroiect includes a new slructure, substantial imorovement, or
reqairs to a substantiallv damaaed nonresidenlial structure ihat will be dry Floodproofed. ,
the apolication shall include the FPE for the buildina site and the elevation in relalion to
the datum of the effeclive FIRM to which the structure will be drv floodaroofed and a
certificalion bv a reqistered professionai enqineer or licensed architect that the drv
floodproofina methods meet the floodqroofinq criteria in this chapter.
E. The applicalion shall include a descriplion of the extenl lo which a stream, lake,
or other water bodv includinq its shoreline, will be altered or reloca[ed as a result of the
proposed development.
F. The application shall include documentation that the applicant has applied (or all
necessarv permits reauired bv Federal. State or local law. The apolication shall include
acknowledument that the aqqlicant understands that the final certificate of occupancv
wlll be issued onlv if the apqlicant has received the required Federal State and local
ep rmits.
G. The aqplication shall include acknowledqment bv the aoplicant that
representatives of anv Federal State or local unit of aovernment with reauiatorv
authoritv over lhe proiect are authorized to enter upon the propertv to insoect the
deveiopment. .
H. If the oroiect includes subdivision of land, the aoolication shall include
acknowledgment that the applicant underslands that the final certificate of occupancv
will be issued onlv if the applicant has filed a Notice to Title recordinq the fact that part of
the oroperty is in the SFHA riparian habitat zone and/or channel miaration area, as
appropriate.
~ DraR date 2.191 I.2010
Page 12 of 24
Exhibit B to Ordinance 6295
1. The riparian habitat zone shall be delinealed on the site qlan bv the aqplicant at ihe
time of aoplication for sub-division aoaroval or floodplain development permit (or ali
develooment proposals within 300 feet of anv stream or shoreline.
J. If the proiect is localed in the Requlatorv Floodplain and includes activities not listed
~ in ACC 15.6813066 and BC, the application shall include a Habitat Imoact Assessment.
If }hat Assessment determines that imqacts would result from the Proiect, the apoiication
shall also include a Habitat Mitiaation Plan.
K. Habilat Imoact Assessment
~ Unless allowed under ACC 15.68.13068 or BC a ermit a lication to develo in the
Requlatorv Floodplain shall include an assessment of the impact of the proiect on water
auality and aauatic and rioarian habitat. The assessment shall be either: 1. A Bioloqicai Evaluation or eioloqical Assessment that has recelved concurrence
from the US Fish and Wildlife Service or the National Marine Fisheries Service, pursuant
to the Endanqered Species Acl: OR
2. An assessment qreqared in accordance wilh Reaional Guidance on Floodplain
Habitat Assessment and Mitiaation. FEMA Region X. 2010. The assessment shall deter-
mine if the proiect would adverselv impact:
(a) The primarv conslituent elements identified when a soecies is listed as
threalened or endanaered.
(b) Essential Fish Habitat desiqnated bv the National Marine Fisheries
Service•
(c) Fish and wiidlife habitat conservallon areas
(d) Veqetation communities and habitat structures.
(e) Water qualitv.
!fl Water quantitv induding flood and low flow depths, volumes and
velocities.
(g) The channei's naWral meanderinq pattern,
(h) Spawnina substrate, if aoolicable. and/or
(i) Floodplain refuqia, i/ anolicable.
L. Habitat Mitiqation Plan
1. If the assessment conducted under ACC 15.68J35K concludes the qroiect is
exaected to have an adverse imoact on water quaiitv and/or aquatic or riparian habitat or
habitat functions the applicant shall provide a plan to mitiqate those impacts, in
accordance wilh Reqional Guidance on Floodqlain Habitat Assessment and Mitiqalion.
FEMA Reaion X. 2010.
(a) If the proiect is located outside the Protected Area, the mitiqation plan
shall include such avoidance, minimization, restoration, or comoensation measures as
are appropriate for the situation.
(b) If the oroiect is located in the Protected Area, the mitiaation olan shall
include such avoidance restoration or comeensation measures as are needed to
ensure that there is no net loss of habitat function due to the oroject. Minimfzation '
measures are not allowed in the Protected Area unless thev in combination with other
measures result in no net loss of habitat function.
2 The plan's habital mitiqalion activities shall be incorporated into the pronosed proiect. The Floodolain development oermit shall be based on the redesiqned proiecl
and its mitiqation components.
~ plaAS-fradNylis2tecirawa-te-ssale uhewiagiAenature; lesatien, diinerisions; and
elevatie~Ae-area-ia-quesNea;-existiag-er-prepesed-sErust.~.~~ ~ s4a:aye o
~ DraR date 2.+8I 1.2010
Page 13 of 24
Exhibit B to Ordinance 6295
materials; drairiage-fasilities; aRd-Eqe-lecatien-ef-ihe-feregeinQ-SpesiflsaNy; !he fieNewing
iraferrnaiie~uired:
4-.-Elevat;AR . . yding-kaser+ien4)
etaN-sErasEures;
2-€IevaEiea-fn4elatiea-te-mear -~ale:2r:eTnish-aa, ^~..a :R:e hasoean
fl96dpfe9fedE
3>-GerlifisaBe"„4pti4eg4stered-yrefessionaI engoneer th t-the-flesdproofing .
rAetkeds4eFapy-nonresidenEial-stpiGtare-meet-Ebe-4leedpreeNaQ-sriteria-in-AG~
46-.68.7-7-@(B); aad
n r.,~eso„
tersseRse-wil{le aIEered eF-relesated
a ecit.
15.68.136 Floodplain Development Perm(t Expiration
If there has been no start of consUuction a floodplain development permit shall
exoire 180 days afler the date of issuance. Where the aoplirant documents a need for
an extension beyond this qeriod due to conditions bevond the apolicant's control, the
floodplain administrator mav authorize one or more extensions.
46:68148-Besignalien ef-the-ofty-ef-AHbur+t-ertgiqeeriny-dfvisiorE:
Re . , 1996i , &9.)
15.68.140 Desiqnation of the Floodplain Administrator
The Director of Plannina and Develoqment, or the Director's desianee is herebv
appointed to administer and implement this Chapter tiv arantinq or denyina floodplain
develoomenl permit aoplications in accordance with its qrovisions.
15.68.141 Duties of the Floodplain Admfnistrator
Duties of the floodplain admin(strator shall include but not be limited to:
A. Review all floodplain develoqmenl permits to determine lhat the permit requirements
of this ordinance have been satisfied.
B. Review all floodqlain development oermits to determine that all necessarv permits
have been obtained from those Federal State or local aovernmental aqencies from
which orior approval is reauired, includina those local. State or Federal qermits that mav
be reauired to assure compliance with lhe Endanaered Species Act and/or other
gppropriate State or Federal laws.
C. Review all floodplain development qermits to determine if the orouosed development
is located in the Protecled Area. If located in the Protected Area. ensure that the
aoplicable orovisions of this chaoter are met.
D. Ensure that ali develooment activities wilhin the Reaulatorv Floodolain of the Citv
meet the reauirements of this ordinance.
E. Insoect all development aroiects before, durina and after construction to ensure
comoliance with all provisions of this ordinance, includina proper elevalion of the
struclure.
~ Draft date 2.181 I 2010
Pzge 14 of 24
Exhibit B to Ordinance 6295
F Maintain for oublic inspection all records oertaininp to the orovisions of this chapter.
G Submit reports as required for the National Flood Insurance Propram
H. Notifv FEMA of arn proqosed amendments to this ordinance:
I Cooperate with State and Federal aaencies to improve Flood and other technical data
and nolifv FEMA of anv new data that would revfse the FIRM.
J Make interpretations where needed as to the exaG location of the boundaries of the
Reaulatorv Floodolain the SFHA and the Protected Area (e g where there aooears to
be a conflict between the mapaed SFHA boundarv and aclual fieid conditions as
determined bv the base flood elevation and around elevations).
16.68.150 Duties and responsibilities of the siEy-eaeeK Public Works '
~ Department.
Duties of the ciFy-engineeF Public Works DeoaAment regarding flood hazard areas
shall include, but not be limited to:
A. Permit Review.
1. Review all development permits to determine ihat the permit requiremenls of
lhis chapter have been satisfied;
2. Review all development permits to determine that all necessary permits have
been oblained from those federal, state or local governmental agencies from which prior
approval is required;
3. Review all development permits to determine if the proposed development.is
located in the floodway. if located in the floodway, assure that the encroachment
~ provisions of ACC 15.68160C are met.
B. Use of Other Base Flood Data. When base flood elevation data has not been
provided in accordance with ACC 15.68.080, the city engineer shall obtain, review, and
reasonably utilize any base flood elevalion and (loodway data availabie from a federai,
I state or olher sources in order to adminisler A6G1568. , and-15:fi8.-this
cha ter.
.`Information to Be Obtained and Maintained.[ commenc [cons]: DtiPC"it:
1. Where base flood elevation data is provided through the Flood Insurance 15.66.ISII7-rtcoinmenddcle~ing
S(UC~ or re uired as in ACC 15.68.150 rtqwrcmentherouidconmiida~ingwilh
I y G EB~-, obtain and record the actual elevation dmiesoFFloodpiainAdmminraiorl "
(in relation to mean sea level) of the lowest habilable floor (including basement) of ali
new or substantially improved struclures, and whether or not the structure conlains a
basement; This information shall be recorded on a current FEMA Elevation Certificate
(FEMA Form 81-31) sianed and sealed bv a professional Iand survevor, currentiy
licensed in the State of Washinqton.
2. For all new or substantially improved floodproofed struclures:
a. Verify and record the actual elevation (in relation to mean sea level), and
chapter. b. Maintain the floodproofing certifcations required in AGG1-5:f8-this
I
3. Maintain for public inspection ail records peAaining to the provisions of this
chapter. This informalion shall be recorded on a current FEMA Floodoroofinq Certificate
(FEMA Form 81-65) nrofessional enqineer, currentiv licensed in the State of
Washinaton
D. Alteration of Watercourses. I Draft date 2.4011.2010
Page 15 of 24
. Eshibit B to Ordinance 6295
1. Notify adjacent communities and the Department of Ecology prior to any
alteralion or relocation of a watercourse, and submit evidence of such nofifica[ion to the
Federai Insurance Admfnistration;
2. Require that maintenance is provided within the allered or relocated portion of
said watercourse so that the flood-carrying capacily is not diminished. If the
maintenance proqram does not call for cullinq of native veqetation, lhe svstem shall be
oversized at the time of consirudion to compensate for said veqetation growlh or anv
other natural factor that may need future mafntenance.
E. Interpretation of FIRM Boundaries. Make interpretations where needed as to exact
location of the boundaries of the areas of special flood hazards (for example, where
there appears to be a conFlict belween a mapped boundary and actual field conditions).
The person contesting the location of the boundary shall be given a reasonable
opporfunity to appeal the interpretation.
F. Appeals of determinations made pursuant to this chapter shall be filed with lhe
city's public works director within 20 working days aker the final cily engineer decision is
issued. The public works director shall have 15 working days to review the appeai,
determine whether to uphold of modify the cily engineers decision, and notify the
applicant of such determination. The decision of the public works director shall be final.
The cily engineer's and director's declsion shall be granted consistent with fhe standards
of Secl(on 60.6 of the Rules and Regulations oi the National Flood Insurance Program
(44 CFR 59-76). (Ord. 6182 § 4, 2006; Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord.
4357 § 2(4.3), 1989.)
15.68.151 Duties and responsibllitles of the ciEy ot Aaburn-kuitding-divisien
Planninp and Dovelopment Department.
Duties of the city-buildiag divisions Planninq and Development Deqartment shall
include, but not be limifed ta
A. Permit Review.
1. Review all building-retated development permits to determine that the permit
requiremenls of this chapter have been satisfied including building, addition and
alteration permits;
2. Review all building-relaled development permits to determine that all necessary permits have been obtained /rom those federal, state or local governmental
agencies from which prior approval is required; and
3. Review all building-related projecls to determine thaf the procedures for building projects within a special tlood hazard area have been applied.
B. Information to be Obtained and Maintained.
1. Where base ilood elevation data is provided through the Flood Insurance
Sludy or required as in ACC 15.68. obtain and record the actual elevation (in
relation to mean sea level) of the lowest floor (including basement) of all new or
substantially improved slructures, and whelher or not the structure contains a basement;
2. For afl new or substantially improved Floodproofed structures:
a. Verify and record the actual elevatfon (in relation to mean sea level); Snd
b. Maintain the tloodproofing certifications required in ACC 15.68. ,
3. Maintain for public inspection all building-related records pertaining to the
provisions of lhis chapter. (Ord. 6161 § 1, 2008.)
Article V. Provisions for Flood Hazard Protection
15.68.160 6eeeraLs Standards of the c4y-of-Auburn-engineering4ivisiera Public
Works Deaartment. .
~ Drnft date 2.+81 L2010
Pige 16 of 24
Exhibit B to Ordinance 6295
A. Utilities.
1. All new and replacement water suppiy systems shall be designed to minlmize
or elim(nate infiltration of floodwaters into the system.
2. New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infilfration of floodwaters into the systems and discharge from the systems
into floodwaters.
3. On-site waste disposal systems shall be located to avoid impairment to them '
or contamination from them during flooding.
4. All new streets shail be designed to ensure the lowest finished surface
elevation is a minimum of one fool higher than the adjacent 100-year flood elevation.
5 Ail new development shall be designed and located to minimize the impact on
Flood flows flood storaae water aualitv, and habitat.
a. Stormwater and drainaae features shall incorporate low imqact develoament
techniques that mimic pre-development hvdroloqic conditions, such as stormwater
infiltration rain qardens, qrass swales filter sfrips disconnected imoervious areas.
permeabfe oavement and veqetative roof svstems.
b If the proposed proiect wiil create new impervious surfaces so that more than
10 oercent of the qortion of the lot in ihe Requlatorv Floodolain is covered by imoerviaus
surface the aoplicant shall demonstrate that there will be no net increase in the rate and
volume of the stormwater surface runoff that leaves the site.
6 The site plan reauired in this chapter shall account for surface drainaqe to
ensure that:
a Existina and new buildinas on the site will be nrotected from stormwater runoff
and
b The oroiect will not divert or increase surface water runoff onto heidhborina
prOqBrIIB~. , - Comment [COA6): Comnnmiry
7. Uf1~I~ICS RmingS)zmmneditiznmlable(or
a Ail new and replacement water supplv svstems shall be desiqned t .naking this raquircmrnt nPPlicable to
o . P,ope,yo,,,,,de ,he «g„l„ory
minimize or eliminate infiltration of flood waters into lhe svstems: noodvlain.
b. Water welis shall be located outside the floodwav and shall be arotected
to Ihe FPE:
c. New and reolacement sanitary sewaae svstems shall be desi4ned to
minimize or eliminate infiltration of Flood waters into the svstems and discharqes from the
svstems into flood waters;
d. Onsite waste disposal systems shall be located to avoid impairment to
them or conlamination from them during floodina. A habilat impact assessment shall be
~ conducted in acwrdance with {his-chaeteFACC 15.68 .135K as a condition of aoaroval
of an onsite wasle disaosal svstem to be located in the Reoulatorv Floodoiain.
B. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to minimize flood
damage.
2. All subdivision proposals shall have public utililies and facilities such as sewer,
gas, electricai, and water systems located and construcled lo minimize flood damage.
3. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage.
4-VVhere base-#Ised eleva ' blefrem
aaekher-au4heritatlve-seurseiEshaN-be-generated-b" 'plisanl-aadagprevedky-the
enyineefing-d::;s; ;n tei,sa~'wlsiea-prepesalsand-otheFprepeseddevelo~ish
senk~soFfive-asres{wkiiehever-is-tess} (Ord. 6161 § 1, 2006; Ord. 4820
§ 1, 1995; Ord. 4357 § 2(5.1), 1989.)
~ Draft d:tte 2.+81 I.2010
Page 17 of 24
. . Exhibit B to Ordinance 6295
C. Floodwav Standards
t. In addition to the other requirements of this ordinance, a uroiect to
develou in the floodway as delineated pursuant to lhis Chapter shall meet Ihe followina
criteria:
(a)The aaalicant shall provide a ceAification by a reaistered orofessional
enaineer demonstratinq throuah hvdrolopic and hvdraulic analyses oerformed in accor-
dance wifh standard enaineerinq practice that the orooosed development would not
result in anv increase in tlood levels durinq the occurrence of the base tlood discharqe.
(b). Construction or reconstruction of residential structures is prohibiled within
desiqnated floodwavs exceot tor the followina. The followina exceptions must stitl meet
all other requirements in the ordinance.
(i) Repairs reconstruction or improvements to a residential slructure which do
not increase the qround floor area orovidinq the cost of which does not exceed 50 .
percent of the market value of lhe structure either, (a) before the rel)air. or reconstruction
is staAed, or (b) if the struclure has been damaqed, and (s beinq restored, before the
damaae occurred. Anv proiect for improvement of a structure to correct exislinq
violations of State or local health, sanitarv or safetv code specifications which have
been idenlified bv a local code enforcement official and which are the minimum
necessarv to assure safe livinq conditions or to an historic structure. may be excluded
irom the 50 oercent calculations.
(ii) Repairs replacement, reconstruction or imorovements to exis[inq
farmhouses located in desiqnaled floodwavs and located on desiqnated apricultural
lands that do not increase the buildina's total spuare footaqe of encroachment and are
consistent wilh all reauirements of WAC 173-158-075.
(iii) Reqairs reqlacement reconstruciion, or imorovements to substantiallv
damaaed residenlial dwellinqs olher than farmhouses that do not increase the buildina's
tolal spuare footaqe of encroachment and are consistent wilh all requirements of WAC
173-158-076: or
(iv) Repairs reconslruction or imorovements to residential structures identified
as historic structures lhat do not increase the buildinq's dimensions.
2. In riverine Snecial Flood Hazard Areas where a floodway has not been
delineated pursuant to this chaqter, ihe applicant for a proiect to develop in the SFHA
shall orovide'a certification bv a reqistered professional enqineer demonslratina throuqh
hvdrolopic and hvdraulic analyses oerformed in accordance with standard enqineerina
practice that the qroposed development and all other past or fu[ure similar developments
would not cumulalively result in an increase of flood levels during the occurrence of the •
base flood discharae bv more than one foot.
15.68.161 6eFieral-s-Standards of theciEy-et-RuHurn-kuildiNg-d4vision Planninq
and Develoqment Department.
In all areas of special flood hazard lhe following slandards are required:
A. Anchoring.
1. All new construclion and substanlial improvements shall be anchored to
prevent Ootalion, collapse or lateral movemenl of the slructure.
2. AII manufactured homes must likewise be anchored to prevent flotalion, .
collapse or lateral movement, and shali be installed using methods and praclices lhat
minimize flood damage. Anchoring melhods may indude, but are not limited to, use of
over-the-top or trame ties to ground anchors. This requirement is in addition to other anchorinq requirements for resistinq wind forces. (Reference FEMA's °Manufactured
Home Inslallation in Flood Hazard Areas" guidebook for additional techniques.)
~ Draft date 2.+01 I.2010
Page 18 of 24
Exhibit B to Ordinance 6295 .
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be construcled with
materials and utility equipment resistant to flood damage.
2. AII new construction and subslantial improvements shall be constructed using
methods and practices that minimize flood damage.
3. Eleclrical, heating, ventilation, plumbing, and air conditioning equipment and
other service tacilities shall be designed and/or olherwise elevated or located so as to
prevent water from entering or accumulating withinlhe components during conditlons of
flooding.
C. Review of Building Permits. Where elevation data is not available aither through
the Flood Insurance Sludy or irom another authoritative source (A6G46.f@.150(B)),'
applications for building permits shall be reviewed to assure thal proposed construction
will be reasonably safe from flooding. The lest of reasonableness is a local judgmen[
and includes use of historical data, high water marks, photographs of past tlooding, elc.,
where available. Failure to elevate at least two feet above grade in these zones may
result in higher insurance rates. (Ord. 6161 § 1, 2008.)
D. Native Veqelation
The site plan required for develooment in the reaulatorv Floodplain shall show existina
native veaetation.
1. In the rioarian habitat zone native veaetation shall be left undisturbed, except if
in connection with an aclivitv allowed In the Reaulatory Floodplain without a oermit, and
exceot for activities with the sole purpose of creating, restorina or enhancinq naWral
functions associated with floodqlains, streams, lakes, estuaries, marine areas, habitat,
and riparian areas that meet Federal and State standards urovided the activities do not
include structures qradinq fill, or imoervious surfaces.
2 Outside the riparian habitat zone removal of native veaetation shall not exceed
35 percent of the surface area of the aortion of the site in the Reaulatorv Floodplain.
Native veaetation in the riparian habitat zone portion of the propeRV can be counted
toward this requirement.
3. If the orooosed oroiect does not meet the criteria of this chaoter. a habitat impact
assessment shall be conducted oursuant to ACC 15.68-735K and, if
neeessawindicated bv lhat assessment a habitat mitiaation pian shall be qrepared and
implemented pursuant to ACC 15.68-.135L.
15.66.170 Syesifis Additional s Standards of the sity-of-Aubur+rJ3ail"9-clivisien
Plannina and Development Deqartment.
• In all areas of special ilood hazard where base Flood elevation data is provided as set
~(orth in_ this chapter, the following provisions are required:
A. Residential Conslruction.
1. New construction and substantial improvement of any residential;sVucture L------ Camment [COA7]: commw;q•
shall have the lowest floor, including basement, elevated one foot or more above base R•tinss~~.«ni Reaii„o,aaamo ~ni,a
flood elevation. Enclosed crawl space areas no taller than lhree feet, measured Gom the ciiyaaa:••wia an,aairon:••
lowest ground within the crawl space to the bottom of the structural system directly '
supporting the tloor slab or sheathing above, shall nol be considered as a basement.
2. Fully enclosed areas below the lowest Ooor that are subject to tlooding are .
prohibited, or shall be designed to automatically equalize hydrostalic and hydrodynamic
tlood forces on exterior walis by allowing for the entry and exit of floodwaters. Designs
for meeting this requirement musl either be ceRified by a registered professional
engineer or architect or must meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to ilooding shali be provided;
~ Di-aft date 2.401 I 2010
Page 19 of 24
• • $xhibit B to Ordinance 6295
b. The bottom of all openings shall be no higher than one foot above grade;
c. Openings may be equipped with screens, louvers, or other coverings or
devices; provided, tbat they permit the automatic entry and exit of floodwaters ~
3. The struclure shall be aliqned parallel with Ihe direction of flood Flows. '
4. The slructure shall be anchored to orevent Flotalion, collaose, or lateral
movement o( the structure.
5. All materials below the FPE shall be resistant to flood damaqe and firmlv
anchored to orevent flotation Materials harmful to aquatic wildlife, such as creosote, are
prohibited below the FPE.
6. Electrical heatina venlilation, duct work, plumbinq and air•conditioninq
equipment and oiher service facilities shall be elevaled above the FPE. Water, sewaqe
electrical and other utilitv lines below the FPE shall be constructed so as to prevent
water from enterinq or accumulatina within them durinq conditions of floodinq.
7. Fuli enGosed areas below the lowest floor that are sub'ect to floodin
I are prohibited: - e II be asec(Provided that those areas may be used onN for commenc [coas]:
parking storaae or buildinp access and only if they are sMall-be-desiqned to RatingSystanaeditisa~ailabieifCtiy '
automaticallv equaiize hvdrostatic flood forces on exterior walls bv allowinq for the enW daesnotallmvanyuue.
and exit of floodwaters Desiqns for meetina this requirement shall either be certified bv
~ a reqistered professional enqineer or licensed architect aadlor meet or exceed lhe
followinq minimum criteria:
a A minimum of rivo ooeninas havinp a total net area of not less than one
sauare inch for everv spuare foot of enclosed area subject to floodina shall be provided.
b The bottom of all oneninqs shall be no higher than one foot above qrade.
c. Ooenings mav be eauipped with screens louvers, or other coverinqs or
devices orovided that lhev oermit Ihe automatic entrv and exit of floodwaters.
B. Nonresidential Construclion. New construction and substantial improvement to any
commercial, industrial or olher nonresidential structure shall either have the lowest floor,
including basement, elevated one foot or more above the level of the base flood
elevafion_; eF as an allernative to elevation, a new or substantial improvement to a
nonresidential strucWre and its Fegetlaer-wiih attendant utility and sanitary facilities, mav
be dry floodnroofed in A Zones. The prolect shall meet lhe foilowina repuirements:
1. Be floodproofed so that below one foot above the base Flood Ievel the structure.
is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostalic and
hydrodynamic loads and effects of buoyancy; 3. Be certified by a registered professional engineer or a regislered professional
architect that the design and methods of construcfion are in accordance with accepted
standards of practice for meeting provisions of lhis subsection based on their
development and/or review of the strucWral design, specifications and plans. Such
certifications shall be provided to the officlal as set forth in ACC 15.66.150(C)(2);
4. Nonresidential slructures that are elevated, not floodproofed, must meet lhe
same standards for space below the lowest floor as described in subsecllon (A)(2) of this
section;
5. Applicants floodproofing nonresidential buildings shall be notified fhat flood
insurance premiums wili be based on rates that are one foot below the floodproofed level
(e.g., a building conslructed lo one foot above lhe base ilood level will be rated as one
foot below lhat level).
C. Manufactured Homes. All manufactured homes to be placed or substantiatiy
improved within zones A1-30, AH, and AE shail be elevated on a permanent foundation
~ Draft date 1F81 I.2010
Page 20 of 24
Exhibit B to Ordinance 6295
such lhat Ihe lowest floor of the manufaclured home is one (oot or more above the base
flood elevation and be securely anchored to an adequately anchored foundatlon system.
D. Recreational Vehicles. Recreational vehicles placed on sites are required to either:
' 1. Be on the site for fewer than 180 consecutive days; or 2. Be fully licensed and ready for highway use, on wheels or jacking system,
attached to the sile only by qulck disconnect type utilities and security devices, and have
no permanenlly attached addilions; or
3. Meet lhe requiremenfs of subsection C of this section and the elevation and
anchoring requirements for manufactured homes.
E Hazardous Materials No new develooment shall create a threat to qublic health,
public safetv or water qualitv. Chemicals explosives qasoline. propane, buovant
materials animal wastes feAilizers flammable liauids, qollutants or other materials that
are hazardous toxic or a Ihreat ro water aualiN are prohibited from the Requlatorv .
Floodplain. This prohibition does not applv to small puantities of these materials kept for
~ normal household use Feetional-or to materiats kept in approved conlainers above the
FPE or in a drv floodproofed non-residential buildinqt.
F. Small Slructures. A low cost buildinq such as a detached qaraqe, boathouse, oole
barn or storaqe shed that is no faraer than 500 sauare feet and is not used for human
habitation mav be exempt from fhe elevation reauirement of this chaater, qrovfded:
1. It is used onlv for oarkinq or storaqep
2 It is conslructed and olaced on the buildinq site so as to offer minimum
resistance lo the ilow of floodwaters:
3. It is anchored to arevent flotation which mav result in damaqe to other slructures:
4 All portions of the structure below the FPE must be conslrucled of flood-resistant
materials:
5 Service utilities such as electrical and heatinq equipment meet the standards of
this chapter.
~ 6. It has ooeninqs to allow free flowage of water lhat meet the criteria ot this
chaoter:
7. The orolect meets all the other requirements of this chapter.
G Location of structures Structures and other development shall be located lo avoid
ilood damaqe.
1 If a lot has a buildable site out of the Reaulatorv Floodolain, all new structures
shail be located in fhat area.
2 If a lot does not have a buildable site out of the Requlatorv Floodplain all new
structures aavement and other develooment must be siled in the localion that has lhe
least impact on habitat bv locatinq the slructures as far (rom the water bodv as possible
or Placina the structures on the hiqhest iand on the lot
H. Critical Facilities.
1 Conslruction of new critical facilifies shall be, to the extent possible, located
outside the limits of the Reaulatorv Fioodplain.
2. Construction of new crilical facilities shall be oermissible if no teasibie alternative
site is avallable. provided
(a) Critical facilities shall have lhe lowest iloor elevated three feet above Ihe
base flood elevation or to lhe heiqht of the 500-vear flood whichever is h(gher. If Ihere is
no available data on the 500-vear flood, the oermit aoolicants shall develoq lhe needed
data in accordance wilh FEMA mappinq quidelines.
I Drnft date 2.+01 I.2010
Page 21 of 24
. . Exhibi[ B to OrdinTnce 6295
(b) Access to and from the critical faciiitv shall be protected to the etevation
ofthe 500-vearflood.
(Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.2), 1989)
I 15.68.180 Fleedways and-Communitv Acknowledaement of FEMA Maq
Amendments.
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~ B A. Notwithstanding any other provfsfon of this chapter, the city may permit
encroachments within the adopted regulatory floodway upon receipl of approval of the
Federal Insurance Administrator and completion of the conditions of this section.
t. Prior to a developer being authorized lo encroach upon the adopted regulatory
floodway to an eMent which will cause base flood elevation increases in excess of those
permitted in subseclion A of this seclion, the developer shall provide, for city review and
submission to the Federal Insurance Administrator, the following:
a. A request for conditional approval of map change and the appropriate
inilial fee as specified by Section 72.3 of 44 CFR Ch. I Federal Emergency Management
Agency or a request for exemption from fees as specified by Seclion 72.5 of 44 CFf2 Ch.
I Federal Emergency Management Agency. Sections 72.3 and 72.5 of 44 CFR Ch. I
Federal Emergency Management Agency are herein adopted by reference in fheir
entirety including any fulure amendments thereto;
b. An evalualion of aiternatives which would not resuit in a base Flood .
elevation increase above lhat permitted under subsection A oi this section
demonstrating why these altemaiives are not feasible;
c. Documentation of individual legal notfce to all impacted property owners
within and outside of the community, explaining the impact oF the proposed action on
their property;
d. Written concurrence of the chief executive oNicer of any other
wmmunities impacted by the proposed actions;
~ DraR date 2.+91 l.2010
Page 22 of 24
Exhibit B lo Ordinance 6295 .
e. Wrilten certificalion lhat no structures are located in areas which would be
impacted by the increased base flood elevation;
f. A request for revision of base flood elevation determination according to
the provisions of Section 65.6 of 44 CFR Ch. I Federal Emergency Management
Agency. Section 65.6 of 44 CFR Ch. I Federal Emergency Management Agency is
herein adopted by reference in its entirety; g. A request for floodway revision in accordance with the provisions of -
Section 65.7 of 44 CFR Ch. I Federal Emergency Management Agency. Section 65.7 of
44 CFR Ch. I Federal Emergency Management Agency is herein adopted by reference
in its entirety.
~€B. Citv review of chanqes to flood hazard data.
1 All reauests to revise or change the flood hazard data including reauesls
for a Letter of Mao Revision and a Conditional Letter of Map Revision shall be reviewed
I bv the Ffloodqlain administrator#.
(a) The ffloodolain administrator4 shall not siqn the Communitv
Acknowledqement Form for anv requests based on tillinq or other development unless
the anolicant for the letter documents that such fitlina or development is in compliance
with this ordinance.
~ (b) The Ffloodqlain administratorl shall not aqprove a request to revise or
chanqe a floodwav delineation until FEMA has issued a Conditional letter of Map
Revision that anproves the chanae.
2Lcl. Upon receipt of the Federal Insurance Administrator's conditional approval
of map change and prior to the approval of the proposed encroachments, the developer ,
shail compensate the city for ali costs incurred by the cily which are associated with:
afil. The city's adoption of floodplain managemenl ordinances incorporating
the increased base flood elevations and/or revised floodway reflecting the post-project
condition; •
b ii . The city's submittal of evidence to the Federal Insurance Adminislralor
of the city's adoption of said revised Floodplain management ordinances.
3. Within lhree months of completion of the proposed encroachments, the
developer shall be responsible for providing certitied record drawings and/or technical or
scientifc dala to the cily for submittal to the Federal Insurance Administrator. (Ord. 6161
§ 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.3), 1989.)
2 If an apolicant disaqrees with the requlatory data prescribed bv this
ordinance he/she mav submit a detailed technical sludv needed to realace existinq data
wilh better data in accordance with FEMA mapoing auidelines or Reaional Guidance for
NFIP-ESA Hvdroloqic and Hvdraulic Sludies FEMA Region X 2010 If the data in
queslion are shown on the published FIRM the submiltal must also include a request to
FEMA for a Conditional Letter of Map Revision.
3 All new hvdroloqic and hydreulic flood studies conducted pursuant to this
chapter shall consider future condilions and the cumulative effects from anticipated
future land use chan es in accordance with Re ional Guidance for NFIP-ESA
Hvdrofoaic and Hvdraulic Studies FEMA Re ion X 2010 If there is an ludv in
existence on » that meels the rest of this chapter's criteria, it mav commenc [coa91: nimda,a,.-«
be used even if it does not account for future conditions. :t~ar.°cn
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~ Draft date 2.+01 I.2010
Page 23 of 24
. . Exhibit B to Ordinance 6295
tl}e-aaalicant-/ar-the-lefte"eeumeFrf s-£kiaEsNSla-fillian-er-develeameAFis-iA-semaliaaee
willa-tiaiserdiaanee, T~••mi3iF~adRliHistcaE.,•) ~E>f-2HAiAV2-242E1H2St-E6i2Y159-Af,
shaaee aAeedway-Aeliaeatioa-uat+I-F~ied-a-GeadiiienaFketteFef-Mas
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, Comment[COASO]:Iliisscciian
15.68.190 Developments within areas ofspeeial flood}hazarc~~ niaybednplicati~e,andmaybedeleied.
Notwilhstanding any other provision of lhis chapter, the city may permit develop.....................
ents ~
within areas-o€ special Flood hazard areas. Prior to approval for a development which will
increase the water surface elevafion of lhe base flood by more lhan one foot, a
developer must comply wilh the requirements set forth in ACC 15.68.180(D). (Ord. 6161
§ 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.4), 1989.)
15.68.200 Compensatory starage equipment. -
A. Development proposals shall not reduce the eNective base flood storage elevation.
Where fill, grading or other activities lhat may displace the effective base flood storage
volume are proposed, wmpensatory storage shall be required. Compensatory storage
shall:
1. Provide equivalent volume at equivalent elevations to that being displaced €ef
Ha is-puroose=eaaivaleRt-elevatioa"-mea as-haviRg-similae-telaliewsH ip-taerdinary-Ijieh
wateFaqd-te-the-k)esFavailable-1&veaF-60-vear-apd-100-veaFwaEer-sHdac^
2. Hydraulically connect to the source of the tlooding;
3. Provide compensatory storage in the same construction season as when the
displacement of flood storege volume occurs. Allowances may be granted on a case-by-
case basis lo allow sequential wnstruction if the liming of lhe work cannot meet
winlertime/flood construction schedules; and
4. Occur on site or, if approved by the city engineer, at a hydraulically wnnected
off-site location.
5. Provide documentation of a restrictive easement acceptable to the engineering
division to ensure continued existence of the compensatory flood storage.
6 The newly created storaqe area shall be qraded and veqetated to allow fish
access durinq flood events without creatina fish strandinq sites
B. Certification by a registered professional engineer may be required as
documentation that the compensatory storage requiremenl shall be met by the
development proposai. (Ord. 6161 § 1, 2008.)
~
~ Draft date 2.+9I L2010
Page 24 of 24
Proposed Amendments
Title 16
. • Exhibit C to Ordinance 6295
Chapter 16.10 CRITICAL AREAS
16.10.010 Purpose and intent.
~
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:
6. Flood Hazard Areas. Floodplains help to store and convey storm water and
flood water; recharge ground water; provide important areas for riparian habitat; and
serve as areas for recreation, education, and scientific study. Development within
floodplain areas can be hazardous to those inhabiting such development, and to those
living upstream and downstream. Floods also cause substantial damage to public and
private property that results in significant costs to the public and individuals.
The primary goals of flood hazard regulations are to limit or condition
development within the 198-yeaF-#Ieedplain Requlatory Floodplain to avoid substantial
risk of damage to public and private property and that results in significant costs to the
public and individuals; to avoid significant increases in peak storm water flows or loss of
flood storage capacity; to protect critical habitat for fish and wildlife, and to meet the
purposes set forth in Chapter 15.68 of the Auburn Citv Code. Reauirements for the
identification, assessment alteration, and mitiqation of flood hazard areas are contained
in Chapter 15.68 ACC. aad-te-implement-Ehe-ebjestfves-ef-th ed
6entfel-Plan; if-aad-wloea-aderyEed- .
16.10.070 Critical area review process and application requirements.
A. Pre-Application Conference. A pre-application conference is available and
encouraged prior to submitting an application for a project permit.
B. Application Requirements.
1. Timing of Submittals. Concurrent with submittal of a State Environmental
Policy Act (SEPA) checkiist, or concurrent with submittal of an application for projects
exempt from SEPA, a critical area report must be submiited 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 tunctions 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 deiermine the appropriate critical area classification
and, if applicable, to establish appropriate buffer requirements.
2. Report Contents. Reports and studies required to be submilted by this
chapter shall contain, at a minimum, the information indicated in the provisions of this
chapter applicable to each critical area. The director may tailor the information required
to reflect the complexity of the proposal and the sensitivity of critical areas tMat may
potentially be present.
C. Consultant Qualificaiions and City Review. All reports and studies
required of the applicant by this section shall be prepared by a qualified consultant as
that term is defined in these regulations. The city may retain a qualified consultant paid
Draft Date 2.5.2010
Exhibit C to Ordinance 6295 , for by the appiicant to review and confirm the applicanYs reports, studies and plans if the
following circumstances exist:
1. The city has technical information that is unavailable to the applicant; or
2. The applicant has provided inaccurate or incomplete information on
previous proposals or proposals currently under consideration.
D. Review Process. This section is not intended to create a separate critical
area review permit for development proposals. To the extent possible, the city shall
consolidate and integrate the review and processing of critical area-related aspects of
proposals with other land use and environmental considerations and approvals. Any
permits required by separate codes or regulations, such as floodplain development zeae
seakel permits or shoreline substantial development permits, shall continue to be
required. (Ord. 5894 § 1, 2005.)
Draft Datc 2.5.2010
Proposed Amendments
Title 17
,
Exhibit D to Ordinance 6295
Chapter 17.04 Definitions
1. Section 17.04.045 of the Auburm City Code is repealed in its entirety.
2. Section 17.04300 is amended to read as follows:
17.04.300 Regulatory fioodway.
"Regulatory floodway" means the channel of a strevn or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulati'velp increasinp the water surface elevation more than one foot at any point. the
I I F.. . ..N..,.... ..to.. ......ee ~riv ,.«.IZ i ic aajuE2 a 1,.«A areas ..A....1. ...t l.e
dt;..olJ "6 the . ..,te.. .....C
A ' Aer tv~i .7:..,.1.,...,..,T~cT*m-g~"nz~.. Fl..v.1 ...:t6....a .
i
ra eRate Map
3. Chapter 17.04 is amended by adding 1 new sectioii 17.04.305, as follows:
17.04.305 Re2idatorv Floodnlain.
"Re ug (atorv Floodplain" means the area of the Special Flood Hazard Area and all
Protected Areas within the City of Auburn It also includes newlv designated Special
Flood Hazard Areas and Protected Areas tliat are delineated pursuant to City Law.
4. Chapter 17.04 is amended by adding a new section 17.04335, as follows: •
17.04.335 Snecial Flood Hazard Area.
"Sneciil Flood Hazard Area (SPHA)" means the land subiect to inundation bv the base flood.
Special Flood Hazard Areas ere identified by tlie Federal Emergencv Management Agency in a
scientific and eiigineering reoort entitled "Flood Insurance Studv for the City of•Auburn" dated
Mav 16, 1995 and any revisions thereto and designated on Flood Insin•ance Rate Maps with the
Ietters "A" including AE, A0. AH, A1-99.
Draft Date 2.5.2010
. • Exhibit E to Ordinance 6295
Chapter 17.09
SHORT SUBDIVISIONS
17.09.050 Development requirements.
.
D. Floods, Flood Control and Storm Drainage.
1. Where any portion of the proposed short subdivision lies within an area of
special flood hazard or regulatory floodway, conformance with adopted city flood hazard
area ordinances, standards and policies shali be required.
2. A conceptual storm drainage/site grading plan shall be required to be
submitted, as part of the short subdivision application, unless waived by the city
engineer.
3 The qroposed subdivision shall have one or more new lots in the Reaulatory
Floodqlain set aside for open space use throucth deed restriction, easement, subdivision
covenant, or donation to a public aqencv. The densitv of the development in the portion
of the development outside the Regulatory Floodplain mav be increased in accordance
with applicable land use and subdivision repulations.
4. If a oarcel has a buildable site outside the Regulatory Floodplain, it shall not be
subdivided to create a new lot ihat does not have a buildable site outside the Regulatory
Floodplain. This provision does not appiv to lots set aside from development and
preserved as open space.
F. Access.
1. All shoR subdivisions shait border on an opened, constructed and maintained
public street. All lots within a short subdivision shall either border on an opened,
constructed and maintained public street or shall be served by a private street, access
easement, tract or panhandle having direct access to such a public street. Where private
streets and access easements are provided, they shall be improved or guaranteed to the
city of Auburn and be in conformance with the city of Auburn design and construction
standards.
2. All private streets, access easements and panhandles shall be capable of
meeting the fire access requirements of Chapter 15.36A ACC and the development
standards of Chapters 17.14 and 18.31 ACC, in addition to any other requirements of
this title, including, but not Iimited to, an adequate surface for access and minimum
turnaround requirements on dead-end streets or access easements as specified by the
fire department.
3 All proposals shall ensure that all buildable lots shall have at least one access
road connected to land outside the Regulatory Fioodplain with the surface of the road at
or above the FPE.
*hk
Draft Date 2.5.2010
Exhibit F to Ordinance 6295 .
Chapter 17.14
IMPROVEMENT REQUIREMENTS - SUBDNISIONS
17.14.110 Floods and flood control. The city may disapprove a proposed subdivision because of flood, inundation or
swamp condition if the city finds that such condition poses a threat to the public health,
safety or general welfare or causes a public nuisance.
Where any portion of the proposed subdivision lies within the aFea-e~al flsed
qaaard-e~lway Requlatory Fioodplain, the hearing examiner shall impose a
condition on the preliminary plat requiring the subdivider to conform to the city's fleed
Fiazafd-area Floodqlain Develooment requirements as set forth in Chapter 15.68 of the
Auburn City Code. In such cases, no development permit associated with the proposed
subdivision shall be issued by the city until said flood hazard area regulations have been
met.
The city may require dedication of land to any public body and/or the construction of
improvements and may impose other conditions necessary to protect against flooding or
inundation.
Draft Date 2.5.2010
Proposed Amendments
Title 18
~
Exhibit G to Ordinance 6295 ,
New Section.
Chapter 18.70
VARIANCES, SPECIAL EXCEPTIONS, AND ADMINISTRATIVE APPEALS
18.70.010 Variances - Zoninq. [change only to title of this section]
I 18.70.025-Special-€xceqtiens Variances in Regulatory Fioodplains
A. Subiect to conditions, safequards and procedures provided bv this section, the
hearing examiner may be empowered to hear and decide applications for variances from
the terms of Chapter 15.68: provided the hearinq examiner mav aqprove a variance onlv
if the reauest conforms to ail of the criteria in ACC 18.70.025.B. in reviewing applications
for a variance , the Hearing Examiner shali consider all technical evaluations, all relevant
factors, standards specified in other sections of this ordinance, and:
1. The danger to life and property due to flooding or erosion damage;
2. The danger that materials may be swept onto other lands to the injury of others;
3. The safety of access to the property in times of flood for ordinary and emergency
vehicles,
4. The expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters and the effects of wave action, if applicable, expected at the site;
5. The susceptibility of the proposed facility and its contents to flood or erosion
damage and the effect of such damage on the individual owner;
6. The availability of alternative locations for the pro-posed use which are not
subject to flooding or channel migration and are not in designated fish and wildlife
habitat conservation areas;
7. The relationship of the proposed use to the comprehensive plan, growth
management regulations, and flood-plain management program for that area;
8. The costs of providing governmental services during and a(ter flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electricai, and water systems, and streets and bridges;
9. The potential of the proposed development project to destroy or adversely modiTy
a fish and wildlife habitat conservation area; and
10. The potential of the proposed development project to affect, or be affected by,
channel migration; and
11. Shall not result in a violation of this ordinance. •
B. The examiner must enter findinqs of fact and conclusions of law which suqport
the followinq criteria and anv conditions. No variance shall be granted to the
~ requirements of tlais-eFdiaaflce Chapter 15.68 ACC unless the applicant demonstrates
that:
1. The development project cannot be located outside the Regulatory Floodplain;
2. An exceptional hardship would result if the variance were not granted;
3. The relief requested is the minimum necessary;
4. The applicanYs circumstances are unique and do not represent a problem faced
by other area propeRies;
5. If the project is within a designated floodway, no increase in flood levels during
the base ilood discharge would result;
• , Exhibit G to Ordinance 6295
6. The project wiil not adversely affect fish or wildlife habitat;
If the issue is not specific to the property, but is a problem faced by other properties,
the remedy should be a revision to the ordinance rather than a variance.
7. There will be no additional threat to public health, safety, beneficial stream or
water uses and functions, or creation of a nuisance;
8. There will be no additional public expense for flood protection, lost environmental
functions, rescue or relief operations, policing, or repairs to streambeds, shorelines,
banks, roads, utilities, or other public facilities; and
9. AII requirements of other permitting agencies will still be met.
C. Variances requested in connection with restoration of a historic site, building or
structure may be granted using criteria more permissive than the above requirements,
provided:
1. The repair or rehabilitation is the minimum necessary to preserve the historic
character and design of the site, building or structure; and
2. The repair or rehabilitation will not result in the site, building or structure losing its
historic designation.
D. Variances to the provisions of Sestie i ACC 15.68.161 and
15.68.170 may be issued for a structure on a small or irregularly shaped lot contiguous
to and surrounded by lots with existing structures constructed below the FPE, providing
the other variance criteria are met. The applicant for such a variance shail be notified, in
writing, that the structure (i) will be subject to increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such
construction below the FPE in-creases risks to life and property. Such notification shalf
be maintained with a record of aIl variance actions.
E. Variances pertain to a physical piece of property. They are not personal in nature
and are not based on the inhabitants or their health, economic, or financial
circumstances.
Draft
City of Auburn
Regulatory Floodplain
REQUEST TO PUBLISH
Please publish the following Notice of Public Hearing in the Seattle Times on February 12, 2010
Bill the City of Auburn: City of Auburn
ATT: City Clerk
25 West Main
Auburn, WA. 98001
An "Aftidavit of Pubiication" is requested for this billing. Thank you.
Please publish below thfs line only.
NOTICE OF PUBLIC HEARING
The Planning Conunission of the City of Auburn, Washington, wilf wnduct a public hearing on
Thwsday, February 23, 2010 at 7:00 P.M. in Uhe Council Chambers of the Auburn City Hall located at 25
West Main Street on the following matter:
Proposed amendments to Title 16 (Euvironmeutal), Title 17 (Subdivisions) and Tide 18 (Zoning), of the
Auburn City Code to suppoit amendmeuts to TiUe 15 (Building and Construction), Chapter 15.68 (F(ood
Hazard Areas. Tlie City of Auburn is updating these regulations in response to rule-making efforts by the
Federal Emergency Management Agency for the National Flood Iusurance Program aud associated flood
hazard Trea regulations. A description of the proposed amendments follows below.
The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main
Street. The public is invited to attend to express comments or opinions. Written comments may be
submitted up untif and at the public hearing to Chris Andersen, Environmental Protection Manager, City
of Auburn Planning end Development Department, 25 West Main Street, Auburn, WA 98001-4988. If
you have further commenis or questions, please call Chris Andersen at (253) 876-1962.
For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this
hearing, should contact ihe City of Auburn within 7 calendar days prior to the meeting, as to the type of
service or equipment needed. Eech request will be considered individually according to the type of
requcst, the availability of resowces, and the financial ability of the City to provide the requested services
or equipment.
Description of Propwsed Amendments.
SHORT SUMMARY HGRG
CITY OF AUBURN PLANNING AND DEVELOPMENT DEPARTMENT
25 WEST MAIN STREET, AUBURN, WA. 98001 (253) 931-3090
Published in tlre Seattle Times on February 12, 2010
EXHIBIT y
Exhibit 5 Intentionally omitted.
This document will be included in project file upon receipt from Publisher.
* MEMORANDUM x
TO: Interested Parties
PROM: Chris Andersen, Enviroumental Protectiou Manager
Depaiime»t of Plauniug and Development
DATE: Februaiy 19, 2010
RE: Notice of Determination of Non-Significance (SEP10-0007) fm• AuUw•n Cit,y Code
Amendmeuts - rloodplain Development.
Please fiud enclosed a copy of the detennination of uou-significauce in accordance witfi-197-I 1-
340(2) for the above referenced project. Also included are the following:
1. Environmental Checklist and Final StaffEvaluation
2. Draft Text Amendments, Titles 14, 15,16, 17, and 18 Auburn City Code
3. Draft City of Auburn Regulatory Floodplain Map
If you have any questions regarding this process or xvould like to received additional
documentation on the proposed amendmenfs, please contact Chris Andersen at 253-876-1962 or
via eanail at cnndersenRmauburnwa.~ov
~
EXHIBIT ~
( tTYQF._
~ " Pefer B. Lewis, Mayor
WASHINGTQN, 25 WestMairrSiteet * Aubutn WA48001-4948 * www.aubumwa:gov* 253-931-3000
Description ofAroposal
Proposeti:amendiiienisto ihe Au6um City Cocte (tICC)lelating to tlie establishment of, Tnd
regulatiai of (tevelopmejit witlii», the City of AitUnrn Regul.ltoiy Floodplain, and adoptioii of new
map entitled City of Auburn Regulatory Floodplairi: The proposal adds nerv sectionsand ameiids the
followiilg existiiig cGapters/seotions of Aiibwn City Code as follotvs:
Tifle 14Project Review
Chapter 14.03 -'lypes,of Projeet Bermit Decisioiis
14.03.010;. i4:03.020 - tlmended to ndd permit decision.types fo1- floodglain developmenf pernjits„
clelete reference to floocl conh•ol zo»e permit:
, Title 15 Buildings and CmiBti-uctiou
Gliapter 15.6$ -:Flood HazardAceas
15.68.010,15.68.020 - Secfions repea(ed auilreserved: '
15,68.030 - Statement of pxirpose amendeci to acld: pirotection of propeity; quali£ication of Aubwn for
Natioiial Flood L7surance Program_(NFIP); Meintnining water_quality of netural surface waters
and associated flooilplains fnuctions; and pxeventing/minimizing recluction or loss of floociplain
and streani chahtiel fimctioii.
15.68.040-Metliods ofreduciug flood'losses emended to add:ldentifyingYlie Regulatoiy Floodplain,
Special Flood Hazard Area'(SPHA), Protected Area, and the supporting technical data needec( to
identify these areas; Establisliing a perniit reqnirement so that developlnent iii regulatory
floodplain is reviewed before it is constructed; Setting minimum protection standards in the
Regiilatoiy Floodplaidto eusuce that ilevelopment will not increase fhe poteiitial for flood
darnage or adversely affectuatuial floodplain fiinctioiis; Settiiig minimum standards to pcotect
new aiid substantially iiuproved structures from flood clamage; and Specifyiiig additionat liabitat
protection criteria.
15.68.050 - No chauges proposed.
15.68.060 - De6nitions ameiideci to delete the foltowing ternts: Appeal, A,rea of s6allow flooding,
Area of special flood liazard; to ievise the followiiig terms: Base flood, Basement, Developmeiit,
Flood/Plooding, Flood insurance siudy, floodtivay, lowest floor, manufactiired liome,
iuamifaeTured home park/subdivision, Stai4 of coustruction, Substantial improveuieqt; and to add
the following terms: base flood elevation, Channel migralion are1, Ceitic3l facility, Dry ,
floodproofing, ElevTtion cer[ificatc, Equivalent elevation, FENIA, Fish aucl wildlife haGitnt
conservatioii area,. Flood proteetion elevation, ITistoric structure, Hypo1•fieic zonc, hnpervious
surface, mflrket value, Native vegetatron, Natural floodplain fiinctioiis, Protected area, Regulatory
floodplliu, Riparian; Riparinn habitat zone; Speciat flood hazard area (SFITA), Substantial
damage, Wafer typing, Zone.
15.68.070 -Ameuded to establish that ihe cliapter isapplicable to the City af Auburn Regulatory
Floodplaiii and reference to City of Aubur7i Regalatory Ploodplain Map.
I SkS.080 - Sectiou repealed (rescrved).
15.68.090 - Amended to clarify diat no development to be undert2ken without compliauce wifli tei5ns
of the Chapter.
15.68.100 - No chauges proposed.
15.68. I] 0- Amended to add provision that maps are rePerence only unless otherwise provicled.
15.68.120-Amended to elarify disclainier of Cily Iiability.
2 of 3
- AUB1TF2.N naoRe ]ri iAN You IMAGINLo
' TO BE COMPLETED BY APPLICANT SCPlO-0007
WAC 197-11-960 Environmental checklist.
ENVIRONMENTAL CHECKUST
Pnrpose of checklisl:
The State Environmental Policy Act (SEPA), chapter 43.21 C RCW, requires afI
governmental agencies to consicler the environmental impacts of a proposal before making
decisions. An environmental impact statement (EIS) nuist be prepared for nll proposals with
probable significant adverse impacts on the quality of Ihe environment. The purpose of this
checklist is to provide information to help you and the agency identify impacts Trom your
proposal (and [o reduce or avoid impTCts from the proposal, if it can be (lone) and to help the
flgeucy decide whether an EIS is required.
L7sn•uclimts for npplicnnls:
This environmental checklist asks you to describe some basic infa•matiou about yoin•
proposal. Governmental agencies use this checklist to determine whether the euvironmeiital
impncts ofyour proposal are significant, requiring preparation of an 6IS. Answer dte questions
briefly, with the most precise information known, or give the best description you can.
• You must answer each question nccin•ately and carefully, to the best of yotu' knowledge.
]n most cnses, you should be ab(e to answer the questions from your own obseivations or project
plans without the need to hire expeits. If you really do uot know the answer, or if a question does
not apply to your proposal, Nw•ite "do not kuow" or "does not apply." Comple[e answers to dhe
questions now may avoid uvuecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and
laudmark designations. Answer these questions ifyou can. If you have problems, tlie
governmental agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plau to do them
over a period oftime or ou different parcels of land. Attnch any additionll informnlion Ihat will
help describe your proposal or its environmental effects. The agency to which you submit this
checklist iuay ask you to explain your nnswers or provide additioual information reasonably
related to determining if there iuny be significant adverse impact.
U.se of cliecklrsl jor nonyrojecl proposnls:
Complete this checklist for nonproject proposals, even though questions may Ue
answered "does not apply." IN ADDITION, complcte the SUPPLEMENTAL SHEET FOR
NONPROJECI' ACTIONS (part ll).
For nonproject lctions, the references in the chccklist to the words "projecf," "applicant,"
and "property or site" sltould be read as "proposal," "}>roposer," and "affected geographic area,"
respectively.
EXHIBIT ~
~
' TO BE COMPLETED BY APPLICANT SCP10-0007
8. List eny enviinnmental information you know aUout that lias been preparecl, or will be
prepared, directly related to this proposal.
Enviromnental inforntation previously prepared:
Green River Chamiel Migration Shidy, prepared by King County, December, 1993.
FIooA Lisurance Rate Maps (FIRMs) foi• King Councy, prepared by FEMA, 1995.
Flood Insurance Rate Maps (FIRMs) for Pierce County, prepared by FEMA, 1987.
Environmental information proposed to be issued by FEMA as part of the National Flood
Insw'ance Program (NF1P):
Model Wasiiingtou NFIP-ESA Ordinauce, FEMA Region X
Regional Guidance for NFIP-ESA Hydrologic and Hydrmdic Studies, FEMA Region X
Regional Guidauce ou Floodp(aiii Habitat Assessmeut and Mitigation, FEMA Regiou X
CRS Credit for Habitat Protection, FEMA, Region X
9. Do yon Icnow wliether appiicatimts are pending fm• governmentaf approvals of otlier
proposals (Iirectl,y affecting the property covered by your proposal? If yes, explain.
,
Non-project action. The proposed amendments would be applicable City-wide to the
following properties in the City of Auburn: a) properties located in, or within 250 feet of,
Special Flood Hazard Areas as identified by the Federal Emergency Management Agency
(FEMA) in the agency's flood insurance studies and accompanying Flood Insurance Rate
Maps (FIRMs) for King County, Washington and Pierce County, Washington; b) properties
adjacent to those described in 9a. that the City of Auburn determines are likety to suppoit
aquatic and riparian habitat; c) properties Iocated in, or within 50 feet of, the area of chamiel
migration as identified by the Green River Chaunel Migration Study prepared by King
County in December 1993. Some of the affected properties may have pending applications
for government approvals of other proposais.
10. List any government approvals or pcrroits tLat will Ue needeA for your proposal, if
known.
The City of Auburn Planning Commission will hold a public hearing on the proposed Auburn
City Code amendments addressed in ihis environmental checklist and will forward 1
reconunendation to the Auburn City Council. The Ciry Comicil may or may not hold a public
hearing prior to taking action adopting, adopting in part, or not adopting the amendments.
Although not an approval or pennit, the proposed amenclments area also subject to State
Agency review pursuant to RCW 36.70A.1 OG
ll. Give Urief, complete descriptimi ofyoim proposal, iucludiug the proposed uses and the
size of the project and site. Tliere are several quesfions later in this checldist that aslc
you to describe certain aspects o( yom• proposal. You tlo not need to repent tliose
auswers on this page. (Lead agencies may modify this fm•m to include additional
specific informatimt on project descriptimn.)
Proposed amendments to Nhe Auburn City Code (ACC) relating to the establishment of, and
regulation of development within, the City of Aubiu•n Regulatay F'loodpiain, and adoption of
3
~ TO BE COMPLETED BY APPLICANT SEPIO-0007
15.68.140 - New section added to designate Director of Planning and Development
Depaitment as Ploodplain Administrator.
15.68.141 -New section added to establish duties of Floodplain Administrator.
15.68.150 - Amended to clarify duties of Public Works Department.
] 5.68.151 -Amended to cliange responsible City unit fi•an Building Divisiou to Planning
aud Development Department.
15.68J60-Amended to add additional standards for Public Works Department.
15.68.161 - Amended to change responsible City unit•fiom Building Division to Plauuiug
end Development Depai4ment and add additional stnndards as required by FEMA-GSA
Biop.
15.68.170 - Amended to add additional standards as required by National Marine Fisheries
Service FEMA-ESA Biological Opinion.
15.68.180 - Amended to revise data requirements and review process for clianges to flood
hazard data and mapping, includiug adding references to new regional guidance for
hydrologic and hydraulic studies ro be issued by FEMA witli the model ordinnnce.
15.68.190 - Amended to reflect use of new terminology defined iu 15.68.060.
' 15.68.200 - Amended to remove definition of eqiiivalent elevation which is proposed to be defined in 15.68.030 and adds additional habitat requirements associated with the
crealion of new flood storage areas.
Title 16 L^'nvironment
Chapter 16. 10 - Critical Areas
16.I0.0I0 - Amended to replace "100-year floodplain" with "Regtdatory Floodplain" and
refarence Chapter 15.68 ACC fa• FlooAplain development requirements.
16.10.070 - Amended to replace "Flood control zone permits" with "tloodplain development
perroits".
Title 17 Land Adjustments and Divisions
Chapter 17.04-Definitions
17.04.045 - Deleted.
17.04300 - Definilion of Regulatory Floodway amended.
17.04305 -New section to add definition for Regulatory Floodplain.
17.04335 - New section to add definition for Special Flood 1 lazard Area.
Chapter 17.09 - Short Subdivisions
17.09.050-Amended to Tdd additional subdivision requirements in 2egulatoiy Floodplnin.
i
Chap[er 17.14 - Lnprovement Requirements - Subdivisions
17.14.1 10 - Amended to provide consistency of terms and reference to Chapter 15.68 ACC.
Title 18 Zouing
Chapter 18.70 - Variances, Special Erceptions, and Adminishative Appeals
18.70.010 - Amended title of this section to specify zoning veriances.
18.70.025 - New section to provide procedures and requirements for variances fiom the
requirements of CliTpter 15.68 ACC.
12. Location of the proposal. Give sufficieut iufm•matiou fm•a persou to understaud thc
precisc location of your proposed pa•oject, induding a sh•eet address, if au,y, aud sectiou,
township, and rnnge, if loiown. If a proposal woidd occur over a range of area, providc
tlhe rangc or Uoundaries of thc sitc(s). Provide a legal descriptimi, site plan, viciuity
map, aud topogrnpliic map, iS rcasonably available. While you siwuld suUmit any plans
5
~
TO BE COMPLETED BY APPLICANT SEP10-0007
B ENVIRONMENTAL ELEMENTS
1. Earth
a. General descriptimi of the site (circle one): rlat, rolling, hilly, steep slopes,
mountainous, otlier
The City of Auburn is characterized by a relltively flat valtey tloor bordered by steep
hillsides aiid upland plateaus overlooking the valley. See Section D, Nonproject Action.
b. What is thc steepest slope mt tlte site (appiroximate perceut slope)?
The slopes vary in the city flnd PAA areas, but in some locations slopes associated with the
valley walls reach ] 00%. See Sectiai D, Naiproject Action.
c. What geueral types of soils are foiuid on the site (for example, clay, send, gravel, peat,
nwclc)? If you Icnow tLc classification of agriculhu•al soils, specify tliem aud note any
prime farniland.
See Section D, Nonproject Action. The valley floor is made up primarily of soils of the
Oridia, Renton, Snohomish, aiid Briscott series: These soils are poorly drained and formed in
thc alluvium (river seditnents) associated with the White and Green rivers. These are
considered good agricidtural soils, though in many areas, are not well-drained. There is no
designated firmland within tlie City of Aubm•n.
The hillsides aiid plateaus are made up ofprimnrily Alderwood associated soils aiid a small
amount of Everett associafed soils (U.S. Depaiiroent of Agriculture, 1973). Aidenvood soils
are modcrately well drained gravelly sandy loams 20-40 inches deep. Beneath these soils is
glacial til with low permeability. Roots penehate easily to the hardpan layer. Runoff
potential is slow to medium. Erosion aiid slippage hazard is moderate, ranging to severe on
steeper slope pliases The Evere[t series consists of somewhat excessively drained soils that
arc undcrlain by very gravelly sand.'Cliese soils fonned in very grnvcily glacial outwash
deposits under conifers. They are found on terraces aiid terrace fronts aiid are gently
undulating to moderately steep.
d. Are there surPace indicatimis or histmy of uustable soils in tlie immediate vicinity? If
so, describe. '
See Section D, Nonproject Action. Many factors afPect slope stability including soil type,
paren[ material, slope aud drainage. These factors can be fw1her affected by human
intervention such as slope alteration, and vegetation removal. The city has identified
categories of geologic hazard areas aiid inveutoried thcsc areas. Maps of ihe erosion aiid
Iandslidc laazard mels are provided as Maps 9.6 and 9.7, respectively in the City's
Comprehensive Plau.
c. Ucscribc thc purpose, t,ype, aiid approximate ryuantities otnny filling m• grading
proposed. Indicate source of fill.
See Section D, Nonproject Action. The proposed amenchncnts to the Auburn City Code are
non-project nctions, no site alteration, consUuction, or eaithwork is proposed.
7
. TO BE COMPLETED BY APPLICANT SCP10-0007
3. Water
a. Surface:
l) Is tliere an,y surface watec body wi m• in the immediate vicinity of the site (includiiig
year-rownd an(i seasonal streams, salhvater, I:dces, ponds, wetlands)? If yes, describe
type and provide names. If appropriate, st:tte what stream or rivm• it flows into.
Citywide nonproject action - See Section D, Nonproject Action. The major boclies of water
within Auburn are the Green River, the White River, Mill Creek, Bowman Creek, and White
Lake. The city has conducted an inventmy of wetlands within the city limits. These are
shown on Map 93 of ihe City's Comprehensive Plan. The Green and White Rivers in
Auburn are Type S streams designated as Shorelines of the State in the City of Auburn
Shoreline Master Program.
2) Will the project require :jny worlc over, in, a• idjacent to (wiUiin 200 feet) of the
• describecl waters? If,yes, please describe an(i attach available plans. See Section D, Nonproject Action. Not applicable. This is a non-project action.
3) Estimate the amowit of fill and ch•edge material that woidd be placed in m• removed
from sirfnce water or wetlands and indicate the area of tlie site that woidcl be affected.
Li(licnte the source of fill material.
See Section D, Nonproject Action. Not applicable. This is non-project action.
4) Will t6e proposal require suu•face watcr witlidrawals m• (liversions? Give general
descriptimn, piu•pose, aud approximate quautities if known.
See Section D, Nonproject Action. Not applicable. This is uon-project action.
5) Does tLe proposal lie within a 100-ycar tloodplain? If so, note location on the site plan.
See Section D, Nonproject Ac[ion. The proposal would establish amended floodpllin
development regulations that wotdd be applicable to al( SpeciTl Flood Hazard Areas (100-
Yenr floodplain areas and associated floodways) within the City of Auburn.
The desiguated I OU-year floodpfain areas for tlte Greeu River, White ]tiver, and Mill Creek,
as well as frequenUy Iloode(I ireas (as defined by tlie City of Auburn Public Works
Depmiment) are shown on Mnp 9.4 of tlte City's Comprehcnsivc Plan.
6) Does the proposnl involve auy discharges of wnste materials to surface waters? If so,
ilescribe thc type of was(e and nnlicipated volume of discharge.
See Section D, Nonproject Action. Not applicnble. "Chis is non-project action.
b. Grownd:
l) Will grouud water be witlidrawu, or will water be dischaiged to ground watcr? Give
geueral description, purpose, aud approximate quantities if knolvu.
See Section D, Nonproject Action. Not applicabte. "1'his is non-project actioti.
9
. TO BE COMPLETED BY APPLICANT SEPiQ-0007
a List threatened m• endangered species known to be on or near the site.
See Section D, Nonproject Action. None known at this time.
d. Proposed landscaping, use of native planfs, or other measures to preserwe oe enLance
vegetation on tde site, if auy:
The proposed amendments include provisions for the retention of native vegetation in
proposed Regidatoiy FloodplTin areas. In addition, the City's CompreLensive Plan includes
policies on retaining vegetation, ACC Chapter 15.74 governs tree aud vegetation retention,
and the City's landscaping regulations (ACC 18.50) govem landscaping within the City. See
, Section D, Nonproject Action. This is a non-project action.
5. Animals
a. Circle any birds and animals wliich have been obseived on m• neai• the site or are
• lcnown to be on m• uear the site: .
hawlc, lierwi, eaele, soneUirds, other: geese, ducks,
crows, etc. .
mammals: deer, bear, elk, beaver, other: urban
animals suclt as dogs, cats, squirrels, rodents,
opossums, raccoons, etc. are also present in the city
fish: bass, salmon, h•out, herring, shellfish, other:
See Section D, Nonproject Action.
U. List any tIu•eatenect m• enclangeced species known to Ue on or near the site.
See Section D, Nonproject Action. There are nesting/breeding sites of bald eagles, great blue
herons and green back heron withiu Auburn as shown on Map 9.2 of the City's
Comprehensive Plan. The Enviromnetitat Impact Stateiuent for the Aubnrn Thoroughbred
Racetrack indicates that peregrine falcoiis, bald eagles, and the Aleutiln Canadian Goose
have been seen in the Auburn area.
Chinook salmon are currently listed as a threatened species by the National Marine Fisheries
Service (NMFS). Bull trout are also listed. Chinook salmon are known to use the Green and
White Rivers.
c. Is the site part of a migratiou route? If so, explain.
See Section D, Nouproject Action. Auburn is a portion oFthe P1ciFc Flyway fa-migratoiy
birds, and the Green and W(tite Rivers are known.
d. Proposed measiu•es to preserve or enhance wildliFe, if any:
See Section D, Nonproject Action. This is a non-piroject action. The proposed amendments .
to City Code wouid provide for Tdditioval development review and approval requirements iu
proposed Regulatory Floodplains to evsure that development proposals in those arens would
be evaluated to determine whether the proposal would result in any adverse impacts to
eiidangered species and sensitive haUitat. Any such impacts would be required to be mitigated
for the proposal to be allowed. In addition, the City's Comprehensive Plan includes policies
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TO BE COMPLE7'ED BY APPLICANT SEPIO-0007
c. Proposed measures to reduce or control noise impacts, if any:
See Section D, Nonproject Action. Not applicable. This is a non-project action.
9. Land and shoreline use
a. What is the cw•rent use of the site and adjacent properties?
See Section D, Nonprojec[ Action. The City contains u variety of land uses iucluding
residential, indushial, coimnercial, open spece, and public land uses.
b. Has the site been used fm• agricultw•e? If so, describe.
See Seclion D, Nonproject Action. Much of Green River/White River Valley aud the City of
Auburn wcre used for agricidttire at sane time in tlie past. Over the last several decades,
rapid growth in the area resulted in much ofthe agriculhiral land converting to urban uses,
• No land within the city is designnted as agriculhiral in city plans or zoning code, tliougli some •
parcels continue to be farmed.
c. Describe any structures on tlie site.
See Section D, Nonproject Action. Structures within the city and PotentiTl Annexation Areas
(PAA) range from siunll sitigle family detaclied homes to large industriTl and warehousing
facilities. Propeities subject to the proposed code amendments include vacant land, as well as
pcoperties iiuproved with residential, comiuercial, industrial ind public/institutional
structures.
d. Will any sh•uctures be demolisLed? If so, what?
See Section D, Nonproject Action. Not applicable. This is a non-project action.
e. What isthe current zoniug classiGcation of the site?
See Section D, Nonproject Action. The proposed amendments rvould be applicable City-
wide to propeilies iu or adjaceut to Special Flood Haznrd Areas as described in Checklist
Item 9.A and would affect the majority of the City's zoning districts Ts shown on the City of
Auburn Comprchwisive Zoning Map.
f. What is tLe cw•reut comprehensive p►an designation of the site?
Sce Scction D, Nonproject Action. The proposed amendments would be applicable Ciry-
wide to properties in or adjacent to Special Floocl Hazard Areas as described in Checklist
Item 9.A. A Comprehensive Plan map of the City is contained in the City's Compreliensive
Plan.
g. If applicnble, what is the ciu•rent sLm•eline master progrant designntion of the site?
See Section D, Nonproject Action. The proposed amendmeuts would affect all propeities
locnted within thejurisdiction of Auburn Shoreline Master Program and all three ofthe
shoreline environments desiguated therein: Shoreline Residential, Urban Conservancy, and
Natural. A map of the shoreline designations for qie City is contained in Appendix A of the
City of Auburn Shoreline Master Pirogram.
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. TO BE COMPLGTED BY APPLICANT SCPIO-0007
11. Aesfhetics
a. What is the tallest heiglit of any proposed structure(s), nat including anteimas; what is
Uhe principal exterior building material(s) proposed?
See Section D, Nonproject Actiou. None specifically, as t6is is a non-project action.
b. Wliat views in the immediate vicinity would Ue altered m• obstructed?
See Section D, Nonproject Action. None specifically, as this is a non-project ection.
c. Proposed measw•es to reduce m• coutrol aesthetic impncts, if an,y:
See Section D, Nonproject Action. None specifically, as t(iis is a non-project action.
12. Light and glnre
a. Whnt ty, pe of light a• glare will tlie proposal produce? Wliat time of day would it
mainly occtu•?
See Section D, Nonproject Action. Not applicable. This proposal is a non-project action.
b. Could light a• glare from the finished project be a safety hazard or intcrfere with
views?
See Section D, Nonproject Action. Not applicable. This proposal is a non-project action.
c. What existing off-site sow•ces of light or glare may affect your proposal?
See Section D, Nonproject Action. Not applicable. Tltis proposal is n non-project action.
d. Proposecl measw•es to reduce m• control light and glare impacts, if auy:
See Section D, Nonproject Action. Not applicable. This proposal is a uon-project action.
13. Recreatiou
n. What desiguated and infm-inal recreational opporhulities are iu the inuucdiate vicinity, ?
See Section D, Nouproject Action. The City of Auburn proviAes a full rluge of parks,
playgrounds, walking trnils, and other recrea[ional facilities. Map 11.1 of the City's
Comprehensive Plan shows the location of diese facilities. In addition, recrcationnl uses
associated wiih the Green and White Rivers include swimming, fishing, rafting, and boating.
b. Woidd the proposed project displace nuy existing recreational uses? If so, describe.
See Sectiai D, Nonproject Action. This proposal is a non-project action and is not espected
to displace any existing recreational uses. Most types of development and improvement
projects associated with eristing and plannecl recreational facilities within Nie proposed
Regulatory Floodplain woulcl be subject to the requirements of the proposed Tmendments.
15
TO BE COMPLETED BY APPLICANT SEPIO-0007
c. How many parlcing spaces would the completed project have? Aow man,y would the
project eliroiuate?
See Section D, Nonproject Actioii. This proposal is a non-project action and would not
construct or eliminate any parking spaces.
d. Will the praposal require any new roads m• sh•eets, a• improveiuents to existing roads
or streets, not inchiding ch•iveways? If so, generally describe (in(licate wliether public or
private).
See Section D, Nonproject Actioii. This proposai is a non-project action aud would not
construct any road improvements.
e. Will tlie projcct use (or occw• in the imme(liate vicinity of) watm•, rail, m• air
transpm•tation? If so, generally describe.
• See Sectiou D, Nonproject Actioii. There is no water transportation in ihe Aubwn area other •
than for recreational uses. The aren is particularly well served by rail. At this time, local
fi•eight service is availTble. Bm lington Noiihern Santa Fe and Union Pacific bodt operate
freight lines within Aubw•n. Aubw•n is nlso 1 commuter rail station site for the Sounder
comnurter rail line between Tacoma and Seattle. Amtrak trains pass through Auburn but do
not stop here. The Auburn Municipal Airport is located north of 15th Street NE.
f. How mauy veLicular h•ips per day ivonld be generated by the completed project? If
Imown, indicate when pealc volumes woidd occm•.
See Section D, Nonproject Actioii. This proposal is a non-projec[ action and would not
generate any vehicle trips.
g. Proposed measures to reduce m• control trensportatimi impacts, if any:
See Section D, Nonproject Actioii.
16. Public services
a. Would tlie project result in an increased need for public seivices (for example: fire
protection, police prrotection, liealtli care, scliools, other)? If so, generally describe.
Scc Scctiai D, Nonproject Actioii. The proposal is not erpected to result in an increased need
For public services as compared with curreut Auburn City Code. In part, the intent of the
proposed amendments is to reduce Ihe po[ential damage and risk to life and property
associated with flooding in the City. To the eatent that the standards and requireroents of the
proposed Aubw n City Code amendments achieve this, the demand for emergency services
nceded during flood events may be reduced.
b. Proposed measures to reducc or control direct impncfs on public seivices, if any.
See Section D, Nonproject Actioii. The comprehensive plan contains policies that seek to
maintain a sufficient (evel of service for public services as development occurs. Also,
Auburn reviews the impacts of signiticant development on tfiese public services during
17
' TO BE COMPLETED BY APPLICANT SEPI0-0007
D SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS
(Do not use this sheet for project actions)
Because these questions are very general, it may be helpful to read them in conjuuction with
Nhe list of the elements of the environment. When answering these questions, be aware of the
extent the proposat or the types of activities likely to result from the proposal, woidd affect
the item at a greater intensity or Tt a faster rate tlinn if the proposal were not implemented.
Respond briefly and in general terms.
1. How would the proposal bc likcly to increase dischnige to water; emissimis to air;
piroduction, stm•age, or release of toxic ar hazardous substances; or production of noise? ,
The proposal would not be likely to increase dischaige to water, emissions to air, production,
storage, a release of toxic or hazardous substances; or production of noise. This nonproject
action does not affect the existing City perfonnance standards currently contained in ACC
18.31 that regidate noise, emissions to air; production, storage, or release of toxic or
hlzardous substances.
Proposecl measw•es to avoid m• reduce such incrcases arec
The proposed amendments are intended to prevent future development impacts to floodplain
Functions, endaugered species, aud sensitive liabitat. The City of Aubin-n Comprehensive Plan
contaius provisions to reduce increases or emissions caused by new development. Emphasis
in tlic Comprehensive Plan on reducing the reliance on the automobile for transpoitation
should reduce die amowrt of emissions to the air. Policies in the Enviroument Cliapter also
provide gnidnnce in the review of development proposals to encow•age native vegetation.
This suppats wildlife habitat areas, particularly near streams, as the policies assist the City in
addressing adverse impacts to water quality and wildlife hnbitat fi•om runoff siuce iiative
plautings may reqnire less pesticide use.
Non-exempt developmeut will be subject to SEPA requirements to evaluate and mitigate
impacts related to discharges, emissions, and the release of toxic substances. Evaluation of
the site specific proposals will be based on the policies ofihe Comprehensive Plan and
appropriate mitigation will take place on a case by case basis.
In addition to the proposed amendmevts to Cliapter 15.68 of the Auburn City Code, City
development standards includiug but not limited to the critical areas ordinance (ACC 16.I0),
shoreline master program regulatious (ACC 16.08), thc City's Engineering Design Stendard
and ConsU'uction Standard Manuals (ACC 12A4) also provide additional pintection for these
types of impacts.
2. }low would the proposni be likely to affect plants, animals, fish, m• marinc life?
Generally, die proposed amendments are intended to bcneficially affect plauts, auimels, and
fish by preserving Floodplain function and preveuting development impacts to sensitive
aquatic and riparian habitat in proposed Regulatory Ploodplain areas.
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TO BE COMPLE'PED IIY APPLICANT SEP10-0007
impacls [o endangcred specics aitd sensitive habitat associated with proposed development,
and mitigation of any impacts identified.
Proposed measures to protect snch resoiu•ces or to avaid or rednce impacts are:
In addition to the proposed amendments, the City's comprehensive plan and, critical areas
regulations (ACC 16.10), aiid shoreline regulations (ACC 16.08) seek to protect
environmentally sensitive areas (wetlands, streams, geologically hazard areas, floodplain,
wildlife habitat, and aquifer recliarge areas) aiid to reduce the impacts of devetopment on
them. SEPA environmental review would covtinue to be conducted for all non-exempt
development to evaluate impnets.
5. How would tlie pnroposal be Iilcely to affect land aiid shoreline use, includiug whetlier it
would allow a• encow•age land or shoreline uses incompatible with existing plans?
This proposTl would amend Auburn City Code regarding development in proposed
• Regulatory Ploodplain areas (see Checklist Items A9 and A.I I. for a detailed description of
the proposed Tmen(iments aiid a description of tlie areas of the City of Auburn that would be
affected by the proposnl). The City of Aiiburn Comprehensive Plan provides policy guidance
with respect to development in critical areas, including floodplains, streams, wetlands, fish
aiid wildlife habit,it areas, and geologic hazard areas. The City of Auburn Shoreline Master
Progrnm provides policy guidance and regulations with respect to development in sliorelines
of the state, Nvhich in Auburn generally includes all areas located within 200 feet of Ordinary
High Wnter along the Green aiid While Rivers. The proposal is espected to encourage land
and shaclinc uses consistent with the City's Comprehensive Plan and Shoreliue Master
Progrnm.
Yroposec( merisiu•es to avoid or reduce siioreline aiid lnnd tise impacts are:
The City of Auburn's comprehensive plan, slioreline master program, critical areas
regulations, aiid zoning regulations seek to protect land aiid shoreline resources aiid to reduce
the effects of development on them. An environmental review «nder SEPA of all
development that is non-exempt woidd continue to be conducted to evatuate a proposaPs land
use and environmentnl impacts.
6. How would the proposal be lilcely to increase demands on h•ansportatiou m• public
scrvices and utilifies?
7'he proposal is not expected to affect the total number of housiug uuits or tiie number or
types of commercial devclopments that could be built in the City of Auburn, therefore the
proposal is not eapected b increase demands on Uausportatiou or public services and utilities
as conipared with the current City code.
In part, the intent of the proposed amendments is to reduce the potential damage and risk to
life and propeity associated with Elooding in the City. To the extent that the standards and
requirements of the proposed Aubwn City Code amendments achieve this, the demand for
emergency services needed during flood events may be reduced.
Proposed measw•es to reduce or respond to sudt clemand(s) are:
21
FINAL STAFF GVALUA'PION rOR ENVIRONMENTAL CHCCKLIST SEP10-0007
Date: Februaiy 17, 2010
Project Name: Auburn City Code Amendments - Floodplflin Devclopment
Applicant: City of Auburn
Plauning and Development Depaiimeut
25 Wast Main Street,
Aubw-n, WA 98001-4998
(253) 931-3090
Contact: Cluis Andersen, Environmental Protection Manager
City of Aubin'n . . .
25 West Maiu Street,
Auburn, WA 98001-4998
(253) 931-3090
Locatimi: City of Auburn - citywide nonproject actiou.
Legal Description:
City of Auburn - city%vide S-T-R: N/A CityxviAe
Principal Parcel Numbers: N/A Ci[ywide
Related Parcel Numbers: N/A Citywide
Parcel Size: N/A Citywide.
Proposal: Proposcd amendmenls to the Auburn City Code (ACC) relating to the establishment of, aud
regulation of development within, the Cily of'Auburn Regulntory Floodplain, Tnd adoption of
new map entitled City of Auburn Regulatory Floodplain. The proposal adds new sections and
amends eaisting chapters/sections of Auburn City Code'I'itles 14, 15, 16, 17, 18 of City of
Auburn Cily Code, relating to flooclplain deve(opment. See Environmental Checklist Item A.I I
for detTils of proposal.
Existing Zoning: City-wide non project Action.
Proposed Zoning: No changes Tre piroposed to any property-specific zoning designations.
Comln•ehcnsive Plan Designatimt: City-wide non project Action.
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