HomeMy WebLinkAbout08-26-2013 Items Submitted at the Meeting PCOC 08/26�13 Pg. 1 ---- ,
N.E.ZOA13.ppp5
Submkted by: EChamberlain
Elizabeth Chamberlain
From: Nicole Petrino-Salter[nicolepetrinosalter�hotrnail.com)
Sent: Friday; August 23,2013 11c27 AM
To: Nancy Backus; John Holman; Largo Wales; Elizabeth Chamberlain
Subjeet: C-1
DeputyMayor Nancy Backus, Councilman Johu Holman, Councilwoman Largo Wales,
Planning Manager Elizabeth C6amberlain:
It would be difficult to express how grateful our group is for the work you've done to help
rectify a wrong which devastated us several years ago. We're hoping the Planning
Commission's unanimous approval of the C-1 Code changes wi116e sufficient to see thi§
through to a positive conclusion.
We're depending on you, and we appreciate your willing ears to hear our desperate pleas
concei�ning ou�needs and abilities to sell oar properties.
Thank you for all the time you've given us and for the efforts,you've made to understand w6y
we've made our critical issues known. We appreciate each one of you.
Respectfully,
Nicole Petrino-Salter
htln://hoaeofelorv.tvaenad.com
i
A Proposed Flag Pavilion on the Patio of the New Community Center VA RES4984 P9 '
to be located at the Les Gove Community Campus Submittedby DHe�d
��1,,: (:�>rf�rr�u��ity Ceriter's prrrr���t}� pi�r•��nse rs to help �mife Auburn's diverse �opulafic,r�
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d ��a �i � ��,d`�' r�� �� such as history, people, alliances with the
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�t,� �� ��� ,�; ,�;,� � ��n ,'' ���' � US, heroic recognition, geography and Austr�a Itary
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� � ''' " ��a � �_�i' a �� 'I `�iosk content would be created and Cambodia Mexico
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f_? `'� _. ,9 t•x.J'-������ _`.� � .�,.. : • �����itrolled by the City in consultation with China New Zealand
; ,�, � � � i���; r�� '� �epresentative group of the country. oenmark Norway
���`y��M� ; � 'f. �"�� � � _ Dominican Republic Philippines
,_ ,, i� ..'d,, xw;,`____ Ri ���S . �iags would be lighted so they could be Finiand Russia
�'°��" ?��;�{,�..1 < +,,,'r� ` � � f �, I �. clisplayed 24/7. France Spain
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5�7W��yrdb� � ; Pt +(} ..� µ J� y� ;.,.f7'� fvlultiple security cameras and patrols Greece ukraine j
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�• PCDC 08/28N3 Pgs.3
IV.A.RES<984
. Submitted py: DHeftl
RESOLUTION NO. 4 9 8 4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, DEFINING A
PROCESS FOR CONSIDERING REQUESTS FOR
PLACEMENT OF MONUMENTS, MEMORIALS AND
STRUCTURES TO BE LOCATED IN CITY PARKS AND
ON CITY PROPERTY
WHEREAS, the City of Aubum is an inclusive community and strives to make
all of its citizens feel welcome and a part of the City; and
WHEREAS, the City also recognizes the importance of parks and City
property in the community; and
WHEREAS, different than the first amendment — freedom of speech - rights.
of individuals or entities to express themselves, whether in City Parlcs or other
public forums, the City recognizes its rights to control what structures are
constructed on City Parks and on its property; and
WHEREAS, it is appropriate that a process be defined so that any citizens,
groups or entities who are proposing, requesting or interested in monuments,
memorials and structures to be located in City Parks and City property know the
process through which those requests would be considered and approved; and
WHEREAS, the City also desires to preserve its rights to control what
t permanent structures are erected in City Parks and/or on City property, and the City
reserves the right to determine which structures convey a positive community
messages in keeping with City's Policy for structures to be located in City Parks
and/or on City property; and �
WHEREAS, the City is receptive to and inviting of requests by individuals
and organizations to have monuments, memorials and structures placed in City
Resolution No. 4984
August 26, 2013
Page 1 of 3
,•
parks, within the parameters of the City's so long as they are in keeping with the
City's policy for structures to be located in City ParKs and on City property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN;
WASHINGTON, HEREBY RESOLVES as follows:.
Section 1. Approvals and locations of proposals for monuments, memorials and
structures in City Parks and/or on City property shall be the exclusive province of
the City Council, the considerations, decisions and process of which shall be in.
conformity with the CITY OF AUBURN POLICY FOR STRUCTURES TO BE
LOCATED IN CITY PARKS AND ON CITY PROPERTY, a copy of which is
attached hereto, marked as Exhibit"A" and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force uporr
passage and signatures hereon.
Dated and Signed this day of , 2013.
CITY OF AUBURN
ATTEST: �
'FETER B. LEWIS, MAYOR
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 4984
August 26, 2013
Page 2'of 3
.
EXHIBIT "A"
CITY OFAUBURN POLICYfOR STRUCTURESTO BE LOCATED IN CITY
PARKS AND ON CITY PROPERTY
Resolution No 4984
August 26, 2013
_ Page 3 of 3 I
• . • PCDC OBl26/13 Pgs.8
IV.A.RES 4984
8ubmittetl by: DHeld.
City of San Jos�, California
COUNCIL POLICY
TITLE MONUMENT POLICY PAGE POLICY NUMBER
1 of 8 9-14 �
EFFECTIVE DATE March 23, 2010 REVISED DATE
APPROVED BY COUNCIL ACTION 3/23/2010, Item 9.1(a), Res. No. 75316;
SECTION I. PURPOSE AND INTRODUCTION
The City may, from time to time, decide to install permanent outdoor Monuments on City
property to provide the City's commemoration ofpersons or events of note, or to otherwise
convey the City's position on various topics("referred to as "Government Speech").
By placing Monuments on City property, the Gity intends only to engage in government
speech and does not intend to open a public forum for free speech activity.
Thepurpose of this Policy is to establish criteria and guidelines for the consideration and
installation of Monuments outdoors in parks or plazas deemed by the City to be appropriate
to serve as the site for a Monument. In doing so, the City recognizes the following
considerations:
❑ Monuments can convey a powerful connection between San Jos� and its history, and
in some instances its future.
❑ It is therefore important that the placement of Monuments be limited to circumstances
of the highest community-wide importance, both to maintain the signficance of such
Monuments and to minimize conflicts with the active and variable use of pu6lic
spaces.
Nohvithstanding the foregoing,the City may decide, in its sole discretion, to reject a proposal
for a Monument and/or may determine the appropriate site for any and all City Monuments.
SECTION 11. MONUMENT DEFINITION
"Monuments"are markers, statues and other similar permanent installations to express
Govemment Speech, as further described in this policy,and which are installed by the Gity
on City property, or which are accepted by the City and installed on City property with City
permission. Monuments may be in various forms including statues, fountains, or gardens
among other forms of monuments as determined by the City.
Monuments must be of Ciry approved materials,size, design and specifications,with a goal
toward simplifying their review and long-term care.
\
TITLE MONUMENT POLICY PAGE POLICY NUMBER
2 of 8 9-14
SECTION III. GOVERNMENT SPEECH ON MONUAAENTS
Citv's Government Soeeeh Tooics
The City may install or accept Gity-approved Monuments on City property as a form of
"Government Speech"as City recognition of significant events or people or to provide
information from the City on topics:approved by the City; as set forth below:
• The contributions of individuals or groups vuho made a sutistantial impact upon the
City of San Jose or Santa Clara County;
• The City's position on topics ofinterest to the community, as determined by City
Council;
• The history of San Jose, Califomia, or of the United States;
•. Nistorical or cultural influences on San Jose;
• Native flora, fauna and wildlife of San Jose and the greater Bay area;
• Local innovation or creativity that has contributed to San Jose`s growth and
ptosperity; or
• Other criteria selected by City Council and set forth in an amendment to this Policy.
The City shall not place Monuments on City property which have the purpose of promoting,
favoring or inhibiting any religion or which would appear to a reasonable person that the City
is promoting, favoring, or opposing a religion.
SECTION N.ADMINISTRATION
The City Manager may approve or deny monument proposals and may enact administrative
guidelines and procedures to implement this Policy, including without limitation, designation
of locations deemed amenable to Monuments. The City Managershall aiso designate the
lead Department for Monumentslocated on City property.
Notwithstanding that certain City property is operated or managed by:a_private operator
pursuant to an agreement,the evaluator of the Monument and the final decision maker shall
be the City and not the private operator or managec The Director of the lead Department
shall coordinate with the Director of Public Art with regard to any Monumen4that is primarily
Public Art, asfurther described below.
SECTION V. DONATED AND PRIVATE FUNDING OF MONUMENTS
The City encourages private donations to the City to support variousCity programs and City
operations,which may include without limitation, the cost of acquisition, installation and
maintenance of Monuments on City property.The City prefers to receive private donations in
the form of funds that may be used by the City to review, design, fabricate, acquire, install
TITLE MONUMENT POLICY PAGE POLICY NUMBER
3 of 8 9-14
and/or maintain Monuments, rather than the donation of a completed Monument.
However, the City may from time to time, at City's sole option, consider accepting a
completed Monument as a form of Government Speech, provided that the Monument meets
the City's approved Government Speech topics and also meets all of the other criteria set
forth in this Policy and in any related administrative guidelines or procedures. After City's
acceptance of a Monument and subject to City's explicit approval of installation of the
Monument upon City property, title to the Monument shall vest with City and the City may
remove, relocate and shall othenvise have sole control over the Monument.
While the City appreciates donations of Monuments to the City, the City is under no
obligation to accept any donated Monument even if the Monument meets all of the criteria
set forth in the Policy. The City's decision to accept a donated Monument may also depend
upon the cost to the City or Redevelopment Agency of design, fabrication, installation and
mairrtenance of the Monument and site considerations, among other factors.
The City may, at its option, decide for budgetary reasons to prioritize Monuments where the
City expects to receive donated funding to cover the cost of design, fabrication, installation
and maintenance of the Monument. Unless otherwise agreed by Ciry Council, the donor of.a
proposed Monument is responsible forproviding the City with funds to cover the cost of
review, design,fabrication, installation and maintenance to ensure adequate care for the
Monument.
SECTION VI. REVIEW PROCESS
The City Manager or his or her designee shall provide the initial screening of Monument
proposals to determine if the proposed Monument complies with the provisions of this Policy �
inCluding withoutJimitation, to evaluate thesuitability of the proposed Monument site, if any.
The City Manager(or his or her designee) shall decide whether to forward the proposal for
further review or to decline further City consideration of the proposed Monument based upon
considerations consistent with this Policy. If the City Manager's decision is to conduct further
review of the proposal, the City Manager or his or her designee, shall refer the proposal to
the appropriate department for consultation with the City commission most closely
associated with the proposed site of the Monument. If there is a doubt regarding the
appropriate commission, the City Manager shall determine the appropriate commission for
review of the proposal.
The department shall prepare a report for consideration by the commission, and coordinate
with other departments such as the Office of Cultural Affairs and the Department of Public
Works. The commission shall review the proposed Monument to make an advisory
recommendation to the City Manager regarding the Monument based upon the factors set
forth in this Policy and the Review Criteria set forth below.
City shall have final approval of a City project to design and construct a Monument, or to
accept a donated Monument. The City Manager shall consider the commission
TITLE MONUMENT POLICY PAGE POLICY NUMBER
4 of 8 9-14
recommendation and make a final determination regarding the proposed Monument and
whether to approve the Monument or to seek City Council approval of the Monument if the
cost or value of the MonumenYexceeds City Manager authority level. (Cu�rently Municipal
CodeSection 4.01.010 authorizes the City Manager to accept donations up to and induding
$100,000 in estimated value. The City Manager's authority level for contracts or projects paid
for by the City, including review, design, construction and/or installation of monuments,will
depend upon the particular circumstances as determined by the SarrJose Municipal Code
and City Charter.) The Ciry Manager shall provide an informational memo to Rules
Committee on at least a quarterly basis, informing City Councii of all of 4he Monument
donations and application proposals received by the City Manager, and the City Manager's
decision regarding each proposal.
Each Monument applicant or donor shall be informed in writing of their right to appeal the
City Manager's decision, as described below, in the Monument donatioNapplication
materials prepared by the City: If a proponent for a proposed Monument disagrees with the
City Manager'sdecision regarding a proposed Monument, the proponent may submit a
written appeal of the City Manager's decision to the Rules Committee of 4he City Council
within 30 calendardays of the City Manager's decision. Rules Gommittee shall e4aluate the
merits of the appeal and detertnine whether to forward the appeal to City Council pursuant to
the Council meeting rules. Gity Council shall make a final determination on the approval or
denial of the Monument proposal by evaluating (i)the merits of the Monument proposal
based upon the criteria set forth in this Policy, (ii) City Manager's reason for denial, (iii)the
results of any staff review of the proposal, and (iv)the recommendations of the appropriate
City Commission.
All required environmental review shall be approved by the City's planning department before
the City commits to installing a Monument. The Monument shall be consistent with adopted
City master plansand adopted Redevelopment Agency master plans:unless those plans are
amended as a part of the review process.
Notwithstanding the foregoing, the City may decide, in its sole discretion,to reject a proposal
for a Monument and/or may determine the appropriate site for any and all City Monuments. '
Additional Review Process if a Monument is Primarilv an Oriqinal "Work of ArY'
The Director of Public Art sfiall recommend and advise the City Manager, whether a
proposed Mo�ument is primarily an original "work of art". A"work of arY' is defined as a
monument that is designed by and crafted by or under the supervision of a professional
artist. A Monument that is deemed primarily a "work of art"shall be considered"public art"
and shall become part of the City's Public Art Program inventory.
For Monumentsdetermined to be primarily Public Art,the Office of Cultural Affairs through its
Public Art Program shall:
• Coordinate the review of Monuments that are Public Art.with the Arts Commission
through its Public Art Committee. The Public Art Committee shall review and make
TITLE MONUMENT POLICY PAGE POLICY NUMBER
5 of 8 9-14
recommendations regarding the Monument as to proposed site, artistic merit,
durability and maintainability and consistency with this Policy. Further, the O�ce of
CulturalAffairs shall coordinate with the appropriate Gommission regarding the
findings and recommendations of 4he Public Art Committee.
• Coordinate with the lead Department and with the Department of Public Works, the
inspedion, design, location, and other logistical components of Monuments that are
Public Art.
• Prepare and monitor all necessary records and documentation of Monuments that are
Public Art.
• Oversee the maintenance of Public Art Monuments.
Application to Redevelooment AaencV Funded Monuments
This Policy shall apply to the Redevelopment Agency of San Jose. The Agency shall
coordinate with the lead City Department and shall obtain the City Manager's approval
pursuant to this Poiicy prior to designing or planning for any Monument to be located on City
property, and prior to entering into discussions regarding donations for Monuments to 6e
located on City property. The Redevelopment Agency shall also consult with 41ie lead City
Department and obtain City Manager approval prior to tfie design, fabrication or installation
of any Monuments on Redevelopment Agency property which is intended to be transferred to
the City. Notwithstanding the foregoing, nothing in this Policy shali require the
Redevelopment Agency to make paymentsfior maintenance of Monuments to the extent
such payments are prohibited by law. The Redevelopment Agency shall also obtain City
Council approval of anyproposed Monument 4ha4 exceeds 4he Gity Manager's authority level,
prior to entering into discussions regaMing donationsor prior to commencement of design,
fabrication or installation of any Monument.
SECTION VII. REVIEW CRITERIA
A proposed Monument must conform to the approved Government Speech topics. Also, a.
Monument must be made of durable materials, able to withstand the elements for a minimum
of 50 years with minimum maintenance, shall be madebf materials resistant to vandalism
and graffiti as much as is reasonably possible, shall be of a scale, materials, colocand style
appropriate and consistent with aesthetics of 4he proposed location of the Monument and
such other reasonabie factors as City Manager determines.
The City may decline to approve or to accept a Monument for any lawful reason.
Monument proposals shall be considered tiy the applicable (or closest applicable) City
commission associated with the proposed location,for the Monument. That commission shall
make a recommendation to the City Manager forapproval or disapproval based on
consistency with this Policy and as further described in the Review Process below. The City
TITLE MONUMENT POLICY PAGE � POLICY NUMBER
6 of 8 9-14
Manager may accept or deny the recommendation from the commission as further provided
in the review process below.
The City shall only proceed with the design, fabrication, and installation ofa Monument after
completion of the review process and the conclusion is to move for4vard. In reviewing a
proposed monument,.the releyant Departments, the applicable City Commission and City
Manager shall review the proposal 6ased upon the criteria seYforth in this Policy'including
the following:
A. Whether the pereon, group or event being memorialized deemed by the City to have
made a significant enough contribution to merit a Monument of the scale, cost and
visibility of the proposed Monument.
B. The Monument does not duplicate existing Monument themes:Multiple monuments for
similar or related groups shall be avoided.
C. The Monument proposal has been through community outreach conducted by the group
or person suggesting that the City install the Monument, and that the installation and `
maintenance of the Monument is within the priorRies of the work plan of the responsible
DepBrtment. Outreach should inform the community that this Policy only authorizes one
Monumen4 to honor a particular event, person or topic:
The community outreach should be consistent with the outreach condueted for similar
City projects. City Council Policy 6-30 discusses outreach for land use projects and that
policy may provide guidance in developing community outreach for a Monument
proposal,
D. The proposed Monument is not objectionable to the persons or community that the
Monument is intended to honor. If through the public outreach process, the City Manager
finds that a proposed Monument is a source of substantial dissention or discord within
the City, the City Manager shall seek further direction from Rules Committee before
making a final determination.
E. The proposed site in the park or plaza for the Monument is related to the underlying
purpose of the Monument ofthe site in the park or plaza has�b.e.en designated in a
master plan or other approVal of the City Council or City Manager as a particularly
appropriate site for a proposed Monument.
F. The Monument has been designed by or under the direct supervision of a qualified
professional in the art or design fieid, and provides a quality, scale, and character
commensurate with the location, circulation, and use patterns of the Cky property.
Qualified professionalsinciude registered architects, engineers, landscape architects and
artists who can demonstrate professional recognition in the form of public commissions
or permanent public installations. The City may solici4 input from art and design
professionals such as artists, architects, landscape architects, planners or ur6an
71TLE' MONUMENT POLICY PAGE POLICY NUMBER
7 of 8 9-14
designers in making this determination. Monuments shall not displace the intended
function and or use of said property, as articulated in adopted master plans or similar City
documents.
G. There isa committed and verifiable funding;source for the review, design, fatirication,
installation and maintenance of the Monument before proceeding to incur City costs and
staff time.
Suggestions that the City recognize a significant event, person or other approved topic by
means of a Monument, will be more favorably received if the advocates for the Monument
provide the Gity with funds that coverthe cost of review, design,fabrication and installation,
and an adequate endowment to cover the cost of the MonumenYs maintenance as
determined by City. While less desirable, the City may consider accepting an agreement
from a g�oup to maintain a Monumerit in perpetuity and in accordance to City Standards
rather than a cash endowment; however, this will require the City to incur additional effort
and cost, including without limitation, compliance with the City's public-private competition
policy. In any Monument maintenance agreement,the City will require an up-front
endowment or deposit#o cover aYleast one year's maintenance of the Monumentio protect
the City against future default. Notwithstanding the City's decision to enter into a
maintenance agreement, the Monument remains City property and City's Government
speech,and the City may remove the Monument at anytime and for any reason.
l'he following additional criteria and factors shall be considered in evaluating a site (which
must be within a park or plaza) for a proposed Monument:
� Due to the unique features, limited capacity and usesof the Municipal Rose Garden,
Plaza de Cesar Chavez, the Japanese Friendship Garden, and the Trail Network; these
facilitieswill not be considered foruse as monument sites. Streets and other public
rights-of-way atso shall not be considered for use as monument sites, except to honor
City employees who have died in the line of duty, as further provided below.
• Monuments may be considered in Neighborhood Parks of more than five acres and that
have at least one Community Serving Amenityas defined in the City's approved master
strategic plan for parks and communityfecilities. Monuments in Neighborhood Parks
should have a connection to the neighborhood through history, individual or group
contributions and accompiishments, or similar factors.
SECTION VIII. PUBLIC RIGHT OF WAY
The pu6lic right of way shall not be considered as a site for Monuments, except that3he Gity
may honor City employees who die orhave died in the line of duty while serving the C.ity, by
placing a memorial plaque at or near#he location of each employee:s death. The City's
Di�ector of Transportation is authorized to'install memorial plaques in the public right-of-way
to commemorate City employees who have died in the line of duty while serving the City if
each of the following conditions exists:
TITLE MONUMENT POLICY PAGE POLICY NUMBER
8 of 8 9-14
1. The property owner adjacent to the location of the proposed memorial plaque �
has been consulted on the placement of the memorial. In the event the
property owner does not agree to the proposed location, the City virill attempt
to locate a nearby alternative location.
2. The memorial plaque must be flat and level with the sidewalk, and placed
behind the curb.
3. The memorial plaque must not interfere with the public use of the sidewalk or
right-of-way area.
SECTION IX. OTHER POLICIES
Nothing in this Policy is intended to supersede or limit any other City Council Policy including
witFiout limitation,ttie City's Naming Policy (City Council Policy 7-5), Community
Identification Policy(City Council 9-3) or the City's Revenue Generating Policy (City Council
Policy 1-17).
This Policy does not cover temporery installations on City property, nor does this Policy limit
the City's ability to place signage or plaques on City property to provide donor or sponsor
Yecognition, public information regarding a City project, or to place historical,markersor to
provide other information to the public. City Departments may enact administrative
guidelines regarding plaques orsignage for donor or sponsoriecognition in a manner
consistent with Policy 1-17.
PCDC 08/26/13 Pgs.3 —�—�
' IV.D.ZOA13-0003
Submitted by: EChembarlain
4. If the owner/landlord is in violation of the reauirements for a communal residence,
then the code enforcement adions outlined in Cha�ter 1.25 will be taken.
Section 13. Fee Schedule. The City of Aubum Fee Schedule shall be
amended as follows:
6. RENTAL HOUSING BUSINESS LICENSE FEES (Per Resolution No. 4601,
Ordinance
No. 5882, Resolution No. 4272 a»d Resolution No. 4424):
(1) The fee for a license to operate rental housing businesses in the
City, as defined in Chapter 5.22 of the Aubum City Code (ACC) shall be based
on the total number of units as follows:
(a) One to four dwelling units: $53.00 per year;
(b) Five to 24 dwelling units: $106.00 per year,
(c) Twenty-five or more dwelling units: $212.00 per year
rd) Communal residence'. $150 00 per vear.
(2) The fee for a license to operate rental housing businesses in the
city shall be for the license year from January 1 to December 31, and each
applicant must pay the full fee for the current license year or any portion thereof
during which the applicant has engaged in the operation of rental housing
businesses.
(3) The rental housing business license fee required by this chapter is in
lieu of, and not in addition to, the general business license fee required by
Chapters 5.05 and 5.10 of the Aubum City Code (ACC); provided, however,
that any person required to obtain a rental housing business license must
also obtain a general business license, at no cost, pursuant to Chapters 5.05 and
5.1D of the Aubum City Code (ACC).
(4) Notwithstanding the provisions of sub-section (1) of this section,
the fee for
operating rental housing facilities for any single individual, partnership, corporation
or entity shall not exceed $424.00 per license period.
For the 2010 calendar year only, rental housing business license renewals
shall be valid
for the period July 1, 2010 to December 31, 2010 subject to the payment of
one-half of the specified fee. For the 201'1 calendar year and subsequent
calendar years, rental housing business license renewals shall be for the period
January 1 through December 31.
Ordinance No. 6477
August 26, 2013
Page 12 of 14
The City Clerk is authorized to insert the amended fee into the City of Aubum
Fee Schedule consistent with this section without any further action by the Ciiy Gouncil.
Section 14. Imblementation. The Mayor is hereby authorized 4o implement
such administratiye procedures as may be necessary to carry out the directions of this
legislation.
Section 75. Severabilitv. The provisions of this ordinance are declared
to tie separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of She 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 p.ersons or circumstances.
Section .76. 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:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
O�dinance No. 6477
August 26, 2013
Page 13 of 14
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
I
Ordinance No. 6477 �
RugusY26,2013
Page 14 of 14
� PCDC OBR�13 Pgs.4 ,
IV.F.ZOA13-0004
. Submitted by: JDixon
� ,
�
ORDINANCE NO. 6 4 7 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTION
16.10.110 OF THE AUBURN CITY CODE RELATING TO
THE IOCATION OF CRITICAL AREA MITIGATION
WHEREAS, from time to time, amendments to the City of Aubum cri4ical 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 2o remain consistent with evolving scientific
understanding of.critical areas and critical area replacement (mitigation) and in order to
facilitate fhe 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 preferabie and when consistent with other provisions of the critical areas
code; and
WHEREA3, 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 21, 2013
Page 1 of 4
WHEREAS, these code amendments duere considered by the Plarining
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 forinrarded 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 Citv Gode. That section 16.10.110 of the
Aubum 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 impact5 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/orcompensatory 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 21, 2013
Page 2 of 4
wetland or stream in terms of hydrological, biologica�, physical, and chemical
functions.
B. Location and Timing of Mitigation.
1. The preferced location of mitigation is on-site when ecoloaicallv
preferable to other altematives. Mitigation may be allowed off-site e�-when it is
determined by the departmentthat on-site mitiga4ion is not ^^�^^*�P�^^"., `°°°�`''°
ecolooicaliv preferable to other alternatives
ef�e-�epe�, 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 probf shall be on the applicant to
demonstrate that mitigation cannot be provided on-site or is consistent with the
SAMP. If it is determined that on-site
mitiaation is not ecoloaicallv preferable to other alternatives, mitigation shall. be
provided in the same drainage basin as the permitted activity on property owned,
secured, or controlled by the applicant or orovided bv the applicant usina
alternative mitiqation options such as mifiqation 6ankinp or in-lieu fee proqrams
The ���,.�-�„-mitigation ' ' should result in no net loss
to the critical area functions imnacted and associated_-rese�seswatershed.
- ' Where mitiqation is authorized to
be located outside the Citv limits the Apqlicant shall assure to the satisfaction of
the Department that other reauirements of this Chapter will be met, includinq bLt
not limited to monitorina 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.
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.
Ordinance No. 6476
August 21, 2013
Page 3 of 4