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Home My WebLink About6476 ORDINANCE NO. 6 4 7 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 1610 110 OF THE AUBURN CITY CODE RELATING TO THE LOCATION OF CRITICAL AREA MITIGATION WHEREAS, from time to time, amendments to the City of Auburn critical areas code are appropriate, in order to update and better reflect the current development needs and standards of the City; and WHEREAS, from time to time, amendments to the City of Auburn critical areas code are appropriate, in order to remain consistent with evolving scientific understanding of critical areas and critical area replacement (mitigation) and in order to facilitate the use and understanding of code sections, and WHEREAS, the purpose of this amendment to the code is to provide the flexibility to have critical area mitigation sites located outside the city limits when ecologically preferable and when consistent with other provisions of the critical areas code, and WHEREAS, these code amendments were subject to environmental review process under the Washington State Environmental Policy Act (SEPA), A Determination of Non-Significance (DNS) was issued July 22, 2013 and the City observed a fourteen-day public comment period The City did not receive any comments in response to notice of the public comment period, and Ordinance No 6476 August 27, 2013 Page 1 of 5 WHEREAS, these code amendments were considered by the Planning Commission at a duly noticed public hearing on August 20, 2013 and after the close the public hearing the Planning Commission forwarded a recommendation for approval to the City Council, and WHEREAS, the code amendments were reviewed by the Planning and Community Development Committee of the City Council on May 28, 2013 and August 26, 2013, and thereafter the Committee forwarded a recommendation for approval to the full City Council. WHEREAS, upon the recommendations, the City Council determines that the following code changes are in the best interest of the City NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN, as follows. Section 1. Amendment to City Code. That section 16 10 110 of the Auburn City Code entitled "Mitigation standards, criteria and plan requirements" is hereby amended to read as follows 16 10 110 Mitigation standards, criteria and plan requirements. A. Mitigation Standards. Adverse impacts to critical area functions and values shall be mitigated Mitigation actions shall generally be implemented in the preferred sequence identified in this chapter Proposals which include less preferred and/or compensatory mitigation shall demonstrate that: 1 All feasible and reasonable measures as determined by the department have been taken to reduce impacts and losses to the critical area, or to avoid impacts where avoidance is required by these regulations, 2. The restored, created or enhanced critical area or buffer will be as viable and enduring as the critical area or buffer area it replaces, and 3 No overall net loss will occur in wetland or stream functions and values The mitigation shall be functionally equivalent to or greater than the altered Ordinance No 6476 August 27, 2013 Page 2 of 5 wetland or stream in terms of hydrological, biological, physical, and chemical functions B Location and Timing of Mitigation. 1 The preferred location of mitigation is on-site when ecologically preferable to other identified alternatives Mitigation may be allowed off-site only when it is determined by the department that on-site mitigation is not ss+entif+ealty feasible ecologically preferable to other identified alternatives phy6+sa4-features-of-t#4e-preperty, or, in the case of wetlands, where the affected site is identified as appropriate for off-site mitigation in the Mill Creek Special Area Management Plan (SAMP), April 2000 The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site or is consistent with the SAMP VVhen-T*gat+on-caanet--be-provided-en-site If it is determined that on-site mitigation is not ecologically preferable to other identified alternatives, mitigation shall be provided in the same drainage basin as the permitted activity on property owned, secured, or controlled by the applicant. or provided by the applicant using alternative mitigation options such as mitigation banking or in-lieu fee programs. The where-suoh mitigation S ^r^^+ ^^' and b°^°fi^ al should result in no net loss to the critical area functions impacted and associated resou+rseswatershed ^^ + ^-,+ ^^ tes sha-41 hp Innaed—withi—he—city Where mitigation is authorized to be located outside the City limits, the Applicant shall assure to the satisfaction of the Department that other requirements of this Chapter will be met including but not limited to monitoring and maintenance 2. In-kind mitigation shall be provided except when the applicant demonstrates, and the department concurs, that greater functional and habitat value can be achieved through out-of-kind mitigation 3 When wetland, stream or habitat mitigation is permitted by these regulations, the mitigation project shall occur near an adequate water supply (river, stream, ground water) with a hydrologic connection to the critical area to ensure a successful mitigation or restoration A natural hydrologic connection is preferential as compared to one which relies upon manmade or constructed features requiring routine maintenance 4 Any mitigation plan shall be completed before initiation of other permitted activities, unless a phased or concurrent schedule that assures completion prior to occupancy has been approved by the department. C Wetland Replacement Ratios 1 Where wetland alterations are permitted by the director, the applicant shall enhance or create areas of wetlands in order to compensate for wetland losses. The compensation shall be determined according to acreage, function, type, location, timing factors and projected success of enhancement or creation 2. The following acreage replacement and enhancement ratios shall be implemented, however, the department may vary these standards if the applicant can demonstrate and the director agrees that the variation will provide adequate compensation for lost wetland area, functions and values, or if other Ordinance No 6476 August 27, 2013 Page 3 of 5 circumstances as determined by the director justify the variation Except as provided for Category IV wetlands In subsection (C)(3) of this section, in no case shall the amount of mitigation be less than the area of affected wetland The director may at his discretion increase these standards where mitigation is to occur off-site or in other appropriate circumstances. 3 Category IV wetlands can either be mitigated by either (a) meeting one of the replacement ratios (*see following table), or (b) implementing mitigation which ensures no net loss of values and functions of the larger ecosystem in which the critical area is located Wetland Creation Ratio Wetland Enhancement Wetland Category (Acres) Ratio (Acres) (Acres Created or Enhanced: Acres Impacted) Category ) 6.1 12:1 Category )) Forested 3.1 6.1 Scrub/Shrub 2.1 4 1 Emergent 2.1 4.1 Category III Forested 3.1 6 1 Scrub/Shrub 2.1 4.1 Emergent 2.1 41 Category IV* 1.25.1* 2.5.1* (Ord 5894 § 1, 2005 ) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation Section 3. Severability. The provisions of this ordinance are declared to be separate and severable The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances Ordinance No 6476 August 27, 2013 Page 4 of 5 Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law INTRODUCED- SEP - 3 2013 PASSED -SEP - 3 2013 APPROVED CITY OF AUBURN ATTEST PETER B LEWIS, MAYOR Danielle E. Daskam, City Clerk APP OVED TO FO M: baKiel B Heid, ity Attorney PUBLISHED/ Ordinance No. 6476 August 27, 2013 Page 5 of 5