HomeMy WebLinkAboutITEM VIII-A-1
CITY OF ,?
AUBURN AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Proposed adoption of the updated City of Auburn Date:
Shoreline Master Program. May 28, 2008
Department: Attachments: Budget Impact: N/A
Planning, Building and 1. Draft Shoreline Master Program
Community 2. Table of WDOE Comments and
City Responses/Recommendations
3. Draft Ordinance No. 6095
4. Draft Comprehensive Plan
amendments
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6095.
Background Summary:
The Washington Shorelines Management Act (RCW 90.58) requires each city and county containing
shorelines of the state to adopt a Shoreline Master Program (SMP) to regulate development and uses
within shoreline areas subject to the Act. In 2003, the state legislature established timelines, funding, and
guidelines requiring all cities and counties to update their SMPs. In 2005, the City of Auburn received a
$150,000 grant from the Washington State Department of Ecology (WDOE) to assist with development of
the City's SMP update.
The original required completion date for City Adoption of the updated SMP as specified in the grant was
June 30, 2007. In February 2007 the update of the SMP was substantially completed and a draft of the
document was forwarded to WDOE for review and comment. In May 2007 the grant agreement was
amended by WDOE to extend the required completion date for adoption of the updated SMP to June 30,
2008 to allow additional time for the City to address WDOE review comments on the Draft SMP. WDOE
provided the City with review comments through November 2007, and the Draft SMP has subsequently
been revised to address those comments.
L0602-1 03.4.2.8
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
? Arts Commission COUNCIL COMMITTEES: ? Building ? M&O
? Airport ? Finance ? Cemetery ? Mayor
? Hearing Examiner ? Municipal Serv. ? Finance ? Parks
? Human Services ® Planning & CD ? Fire ? Planning
? Park Board ®Public Works ? Legal ? Police
® Planning Comm. ® Other Citizen Advisory ? Public Works ? Human Resources
? Information Services
Action:
Committee Approval: ?Yes ?No
Council Approval: ?Yes ?No Call for Public Hearing
Referred to Until ---
Tabled Until
Councilmember: Norman Staff: Baker
Meetin Date: June 2, 2008 Item Number: VIII.A.1
AUBURN* MORE THAN YOU IMAGINED
Agenda Subject:
Ordinance No. 6095
Date:
Mav 28. 2008
In addition to the updates to the SMP document, amendments to both the Auburn shoreline regulations
(Chapter 16.08 ACC) and the City of Auburn Comprehensive Plan are required to implement the updated
SMP. Ordinance No. 6095 addresses the city code amendments (Chapter 16.08 ACC) and SMP adoption
only. A set of Draft Comprehensive Plan amendments to implement the updated SMP is provided at this
time for information, but the actual amendments to the Comprehensive Plan will be addressed later this
year as part of the annual Comprehensive Plan amendment process.
Page 2 of 2
ORDINANCE NO. 6 0 9 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING CHAPTER
16.08 OF THE AUBURN CITY CODE RELATING TO
SHORELINE MANAGEMENT ADMINISTRATIVE AND
PERMITTING PROCEDURES, AND ADOPTING THE
AUBURN SHORELINE MASTER PROGRAM CONSISTENT
THEREWITH
WHEREAS, in 1971 the Washington State Legislature required that local
jurisdictions, with the aide of the Washington State Department of Ecology,
develop master programs for regulation of the uses of their shorelines; and,
WHEREAS, on January 21, 1974 the City of Auburn adopted a Shoreline
Management Master Program to regulate uses within the city's shorelines; and
WHEREAS, in 2003 the state legislature established timelines, funding,
and guidelines requiring all cities and counties to update their Shoreline Master
Programs; and,
WHEREAS, the City of Auburn initially began a process to review and
develop an updated Shoreline Master Program in 2005; and,
WHEREAS, a Citizen Advisory Committee (CAC) was formed that
included members of the Auburn Community that met on a regular basis to
participate in developing an updated Shoreline Master Program; and,
WHEREAS, after proper notice published in the City's official newspaper
at least ten (10) days prior to the date of hearing, the City of Auburn Planning
Commission on April 3, 2007 conducted a public hearing on the proposed
Shoreline Master Program Update; and,
WHEREAS, at the public hearing, the City of Auburn Planning
Commission heard public testimony and took evidence and exhibits into
consideration; and,
WHEREAS, said exhibits included documents entitled Draft Auburn
Shoreline Master Program, Shoreline Inventory and Characterization Report and
Map Folio, Shoreline Issues of Concern Analysis, Shoreline Restoration Plan and
Cumulative Impacts Analysis completed by the City's consultant in support of the
Updated Shoreline Master Program; and,
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Ordinance No. 6095
May 23, 2008
Page 1 of 12
WHEREAS, SEPA review (City SEPA file SEP07-0006) was conducted on
the Shoreline Master Program Update with a Determination of Non-Significance
(DNS) issued March 23, 2007, a final DNS issued April 10, 2007 with no appeals
having been filed; and,
WHEREAS, the proposed Shoreline Master Program was sent to the
State Department of Community, Trade and Economic Development (DCTED)
and other State agencies for the 60-day review process in accordance with RCW
36.70A.106 and received by DCTED on February 12, 2007;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment to City Code.
Chapter 16.08 of the Auburn City Code is hereby amended to read as
follows:
Chapter 16.08
SUBSTANTIAL Co,nOR SINE DEVELOPMENT PERMITS
SHORELINE MANAGEMENT ADMINISTRATIVE AND
PERMITTING PROCEDURES
Sections:
16.08.010 Chapter purpose and intent.
16.08.015 Adoption of shoreline management procedures.
16.08.020 Definitions.
16.08.030 Administration and enforcement.
16.08.040 Application - Generally.
16.08.050 Application - Notices.
16 08 052 Application - Shoreline substantial development permit - Review
criteria.
16.08.054 Application - Shoreline conditional use permit - Review criteria.
16.08.056 Application - Shoreline variance - Review criteria.
16.08.060 Application - Review criteria - Additional information.
16.08.070 Development conformance burden of proof.
16.08.080 Application - Hearing - Required.
16.08.090 Application - Hearing - Official conducting.
16.08.100 Application - Hearing - Continuance.
16.08.110 Application - Hearing - Decision.
16.08.120 Application - Hearing - Rules of conduct.
16.08.130 Application - Decision final.
16.08.140 Grant or denial decision - Notifications.
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Ordinance No. 6095
May 23, 2008
Page 2 of 12
16.08.150 Development commencement time.
16.08.160 Termination or review and extension for nondevelopment.
16.08.170 Conditions or restrictions authorized.
16.08.180 Issuance limitations.
16.08.190 Decision appeals.
16.08.200 Rescission or modification.
16.08.210 Violation - Penalty.
16.08.220 Administration rules promulgation.
16.08.010 Chapter purpose and intent.
It is the intention of the city council that the provisions of this chapter will
promulgate and adopt a program for the administration and enforcement of a permit
system that shall implement by reference the State Shoreline Management Act of 1971,
(`h'+nfor 786n,A,o of 1971Cv+roerrlinarv co6sinri Chapter 90.58 RCW;?d the State
Department of Ecology regulations and guidelines adopted as Chapters 173-264-4 and
173-2746 WAC; the Auburn Shoreline Master Program, (Ordinance No. 6095), together
with amendments and/or additions thereto, and to provide for the implementation of the
policy and standards as set forth in the aforesaid laws and regulations which are by
reference made a part of this chapter with the force and effect as though set out in full in
this chapter. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.010.)
16.08.015 Adoption of shoreline management procedures.
The Citv of Auburn herebv adopts by reference the followin_-q sections or
subsections of Chapter 173-27, as amended, of the Washington Administrative Code
("WAC') entitled Shoreline Management Permit and Enforcement Procedures.
WAC:
173-27-020 Purpose
173-27-040 Developments exempt from substantial development permit
requirement
173-27-050 Letter of exemption
173-27-060 Applicability of Chapter 90.58 RCW to federal land and agencies
173-27-090 Time requirements of permit
173-27-100 Revisions to permits
173-27-120 Special procedure for limited utility extensions and bulkheads
173-27-130 Filing with department
173-27-210 Minimum standards for conditional use and variance permits
173-27-270 Order to cease and desist
173-27-280 Civil penalty
173-27-290 Appeal of civil penalty
173-27-300 Criminal penalty
16.08.020 Definitions.
As used in this chapter:
A. "Act" means GhapteF 286 of the State Laws of 4971, Extraerdinwy Se6si
the Shoreline Management Act of 1971 (RCW 90.58) and state departmental regulations
pursuant thereto, including any amendments thereto.
B. "Committee" means the planning and community development committee of
the city council.
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Ordinance No. 6095
May 23, 2008
Page 3 of 12
C. "Definitions by reference" means the definitions and concepts set forth in
Chapter 6 of the Auburn Shoreline Master Program (Ordinance No. 6095), -SeGti9R 3-of
the Act (RCW 90.58.030), and state departmental definitions (WAC 173-27-030; WAC
173-27-250) adopted pursuant thereto which shall also apply as used in this chapter as
they would pertain to shorelines within the city limits.
D. "Director" means the director of the department of planning and community
development of the city, or his duly authorized designee. (Ord. 4840 § 1, 1996; Ord.
4225 § 1, 1987; Ord. 4047 § 71, 1985; 1957 code § 11.94.020.)
16.08.030 Administration and enforcement.
A. The director shall have the responsibility for the administration of the permit
system pursuant to the requirements of the Act and regulations adopted and
promulgated by the State Department of Ecology as pertains to the city.
B. The city attorney shall bring such injunctive, declaratory or other actions,
which shall include the provisions of Chapter 1.25 ACC, as are necessary to insure that
no uses are made of the shorelines of the city in conflict with the provisions of this
chapter or the Shoreline Management Act or in conflict with the master plan rLggram,
rules or regulations adopted pursuant thereto, and to otherwise enforce the provisions of
this chapter and the Act. (Ord. 4840 § 1, 1996; Ord. 4504 § 14, 1991; Ord. 4225 § 1,
1987; 1957 code § 11.94.030.)
16.08.040 Application - Generally.
In addition to the requirements for a completed application as set forth in ACC
Title 14, applications for substantial development permits, variances and conditional use
permits shall be completed on forms provided by the director. The application shall be
substantially consistent with the information required by WAC 173-27-1804-x-18
including the following information:
1. Completed Joint Aquatic Resource Permit Application (DARPA) form.
2. Completed intake form from WAC 173-27-990, Appendix A - Shoreline
Management Act Permit Data Sheet and Transmittal Letter.
3. The name address, phone number and email address of the applicant. The
applicant should be the owner of the property or the primary proponent of the proiect and
not the representative of the owner or primary proponent.
4. The name address phone number and email address of the applicant's
representative if other than the applicant.
5. The name address phone number and email address of the property owner, if
other than the applicant.
6. Location of the property. This shall, at a minimum, include the property
address and identification of the section township and range to the nearest quarter,
quarter section or latitude and longitude to the nearest minute. All applications for
projects located in open water areas away from land shall provide a longitude and
latitude location.
7. Identification of the name of the shoreline (water body) that the site of the
proposal is associated with. This should be the water body from which jurisdiction of the
act over the project is derived (e.q, Puget Sound).
8. A general description of the proposed project that includes the proposed use
or uses and the activities necessary to accomplish the project.
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Ordinance No. 6095
May 23, 2008
Page 4 of 12
9. A general description of the property as it now exists including its physical
characteristics and improvements and structures.
10. A general description of the vicinity of the proposed project including
identification of the adjacent uses structures and improvements, intensity of
development and physical characteristics.
11. A site development plan consisting of maps and elevation drawings, drawn to
an appropriate scale to depict clearly all required information photographs and text
which shall include:
a. The boundary of the parcel(s) of land upon which the development is
proposed.
b. The ordinary high water mark of all water bodies located adjacent to or within
the boundary of the project. This may be an approximate location provided, that for any
development where a determination of consistency with the applicable regulations
requires a precise location of the ordinary high water mark the mark shall be located
precisely and the biological and hydrological basis for the location as indicated on the
plans shall be included in the development plan. Where the ordinary high water mark is
neither adjacent to or within the boundary of the project, the plan shall indicate the
distance and direction to the nearest ordinary high water mark of a shoreline.
c. Existing and proposed land contours. The contours shall be at intervals
sufficient to accurately determine the existing character of the property and the extent of
proposed change to the land that is necessary for the development. Areas within the
boundary that will not be altered by the development may be indicated as such and
contours approximated for that area.
d. A delineation of all wetland areas that will be altered or used as a part of the
development.
e. A general indication of the character of vegetation found on the site.
f. The dimensions and locations of all existing and proposed structures and
improvements including but not limited to; buildings paved or graveled areas, roads,
utilities, septic tanks and drainfields material stockpiles or surcharge, and stormwater
management facilities.
a. Where applicable, a landscaping plan for the project.
h Where applicable plans for development of areas on or off the site as
mitigation for impacts associated with the proposed project shall be included and contain
information consistent with the requirements of this section.
i. Quantity, source and composition of any fill material that is placed on the site
whether temporary or permanent.
i. Quantity, composition and destination of any excavated or dredged material.
k. A vicinity map showing the relationship of the property and proposed
development or use to roads utilities existing developments and uses on adjacent
properties.
1. Where applicable a depiction of the impacts to views from existing residential
uses and public areas.
12. Copy of completed SEPA environmental checklist, declaration of non-
significance or environmental impact statement, if required. Note that if the
environmental review has not occurred prior to application for a Shoreline Permit, the
time period for application review may be extended.
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Ordinance No. 6095
May 23, 2008
Page 5 of 12
13 The names addresses and legal description for each parcel of property
within three hundred (300) feet of the exterior boundary of the subject property as shown
by the records of the King County or Pierce County Assessor.
14 Other information plans data and diagrams as required by the Shoreline
Administrator.
The director shall determine if the application is complete based upon the
information required by this chapter. The application may be submitted by the property
owner, lessee, contract purchaser, other person entitled to possession of the property, or
by an authorized agent. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 72,
1985; 1957 code § 11.94.040(a).)
16.08.050 Application - Notices.
The director shall give notice of the application in accordance with the applicable
provisions of ACC 14.07.040, no less than 30 days prior to permit issuance.
The notices shall include a statement that any person desiring to present his view
to the director with regard to the application may do so in writing to the director, and any
person interested in the hearing examiner's action on an application for a permit may
submit his views or notify the director of his interest within 30 days of the last date of
publication of the notice. Such notification or submission of views to the director shall
entitle said persons to a copy of the action taken on the application. (Ord. 5811 § 5,
2003; Ord. 5170 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 73,
1985; 1957 code § 11.94.040(b).)
16.08.052 Application - Shoreline substantial development permit - Review
criteria.
A A Substantial Development Permit shall be granted by the Director only when
the development proposed is consistent with the following:
1 Goals objectives policies and use regulations of the Auburn SMP•
2 Auburn Comprehensive Plan and Municipal Code; and
3 The policies guidelines and regulations of the SMA (RCW 90.58, WAC 173-
26 and WAC 173-27).
B The Director may attach conditions to the approval of permits as necessary to
assure consistency of the proposal with the above criteria.
16.08.054 Application - Shoreline conditional use permit - Review criteria.
A. Pursuant to WAC 173-27-210 the criteria below shall constitute the minimum
criteria for review and approval of a Shoreline Conditional Use Permit. Uses classified
as conditional uses and not uses prohibited by the regulations of this SMP, may be
authorized provided that the applicant can demonstrate all of the following:
1 That the proposed use will be consistent with the policies of RCW 90.58.020,
the policies of this SMP the City of Auburn Comprehensive Plan and other applicable
plans programs and/or regulations;
2 That the proposed use will not interfere with the normal public use or access to
public shorelines;
3 That the proposed use of the site and design of the proiect will be compatible
with other permitted uses within the area and with uses planned for the area under the
comprehensive plan and shoreline master program;
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Ordinance No. 6095
May 23, 2008
Page 6 of 12
4 That the proposed use will cause no unreasonably adverse effects to the
shoreline will not result in a net loss of ecological functions, and will not be incompatible
with the environment designation or zoning classification in which it is to be located;
5 That the public interest suffers no substantial detrimental effect; and
6 That the proposed use is in the best interest of the public health, safety, morals
or welfare.
7 That consideration of cumulative impacts resultant from the proposed use has
occurred and has demonstrated that no substantial cumulative impacts are anticipated,
consistent with WAC 173-27-160(4).
B The Director may attach conditions to the approval of permits as necessary to
assure consistency of the proposal with the above criteria.
C The decision of the hearing examiner shall be the final decision of the city.
The Department of Ecology shall be the final authority authorizing a shoreline conditional
use permit consistent with WAC 173-27-200.
16.08.056 Application - Shoreline variance - Review criteria.
A The purpose of a Variance Permit is strictly limited to granting relief from
specific bulk dimensional or performance standards set forth in this SMP, and where
there are extraordinary or unique circumstances relating to the physical character or
configuration of property such that the strict implementation of the SMP would impose
unnecessary hardships on the applicant or thwart the SMA policies as stated in RCW
90.58.020. Requests for allowing uses different than those specifically identified as
allowed in the shoreline environment cannot be considered in the variance process, but
shall be considered through the conditional use process in 16.08.080.
B. Pursuant to WAC 173-27-210 the criteria below shall constitute the minimum
criteria for review and approval of a Shoreline Variance Permit. Variance Permits for
development that will be located landward of the ordinary high water mark (per RCW
90 58 030(2)(b) definition) except those areas designated as marshes, bogs or swamps
pursuant to WAC 173-22 may be authorized provided the applicant can demonstrate all
of the following:
1 That the strict requirements of the bulk dimensional or performance standards
set forth in the master program precludes or significantly interferes with a reasonable
use of the property not otherwise prohibited by this SMP;
2 That the hardship described above is specifically related to the property, and is
the result of unique conditions such as irregular lot shape size or natural features and
not for example from deed restrictions or the applicant's own actions;
3 That the design of the project will be compatible with other permitted activities
within the area and with uses planned for the area under the comprehensive plan and
shoreline master program and will not cause adverse impacts to the shoreline
environment.;
4 That the variance authorized does not constitute a grant of special privilege
not enioyed by other properties in the area and will be the minimum necessary to afford
relief; and
5 That the public interest will suffer no substantial detrimental effect.
6 Variance Permits for development that will be located either waterward of the
ordinary high water mark or within marshes bogs or swamps as designated in WAC
173-22 may be authorized provided the applicant can demonstrate all the criteria stated
above as well as the following:
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Ordinance No. 6095
May 23, 2008
Page 7 of 12
a. That the strict application of the bulk, dimensional or performance
standards set forth in this SMP precludes all reasonable use of the property not
otherwise prohibited by this SMP, and
b. That the public rights of navigation and use of the shorelines will not be
adversely affected by the granting of the variance.
C. In the granting of all Variance Permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example, if
variances were granted to other developments in the area where similar circumstances
exist the total of the variances should also remain consistent with the policies of RCW
90.58 and should not produce substantial adverse effects to the shoreline environment
or result in a net loss of ecological functions.
D. The decision of the hearing examiner shall be the final decision of the city.
The Department of Ecology shall be the final authority authorizing a shoreline variance
consistent with WAC 173-27-200.
16.08.060 Application - Review criteria - Additional information.
A. The director shall review an application for a permit based on the following:
1. The application;
2. The environmental impact statement, if one has been prepared or other
environmental documents;
3. Written comments from interested persons;
4. Information and comments from other city departments affected and from the
city attorney;
5. Independent study of the planning department staff and evidence presented at
the public hearing held pursuant to provisions of this chapter.
B. The director may require that an applicant furnish information in addition to the
information required in the application forms prescribed. (Ord. 4840 § 1, 1996; Ord. 4225
§ 1, 1987; 1957 code § 11.94.040(c).)
16.08.070 Development conformance burden of proof.
The burden of proving that the proposed development is consistent with the
criteria set forth in Section 2 of the Act and the master plan for the city shall be on the
applicant, plus the requirements pursuant to Section 14(6) of the Act. (Ord. 4840 § 1,
1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.040 (d).)
16.08.080 Application - Hearing - Required.
A. The hearing examiner shall hold at least one public hearing on each
application for a substantial development on shorelines within the city. The public
hearing shall be held not less than 30 days following the final publication of the notice
required by ACC 16.08.050.
B. The notice and conduct of the public hearing shall be in accordance with
Chapter 18.66 ACC. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code §
11.94.050(a).)
16.08.090 Application - Hearing - Official conducting.
The public hearing required by ACC 16.08.080 shall be conducted by the hearing
examiner. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.050(b).)
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Ordinance No. 6095
May 23, 2008
Page 8 of 12
16.08.100 Application - Hearing - Continuance.
If, for any reason, testimony on any matter set for public hearing, or being heard,
cannot be completed on the date set for such hearing, the hearing examiner may, before
adjournment or recess of such matters under consideration, publicly announce the time
and place of the continued hearing and no further notice is required. (Ord. 4840 § 1,
1996; Ord. 4225 § 1, 1987; Ord. 4047 § 74, 1985; 1957 code § 11.94.050(c).)
16.08.110 Application - Hearing - Decision.
When the hearing examiner renders a decision, the hearing examiner shall make
and enter written findings from the record and conclusions thereof which support the
decision. The findings and conclusions shall set forth the manner in which the decision is
consistent with the criteria set forth in the State Act and departmental regulations. (Ord.
4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 75, 1985; 1957 code § 11.94.050(d).)
16.08.120 Application - Hearing - Rules of conduct.
The hearing examiner shall have the power to prescribe rules and regulations for
the conduct of hearings and to issue summonses for and compel the appearance of
witnesses, to administer oaths, and to preserve order. The privilege of cross-
examination of witnesses shall be accorded all interested persons or their counsel in
accordance with the rules of the hearing examiner. (Ord. 4840 § 1, 1996; Ord. 4225 § 1,
1987; Ord. 4047 § 76, 1985; 1957 code § 11.94.050 (e).)
16.08.130 Application - Decision final.
The decision of the hearing examiner shall be the final decision of the city, unless
appealed to the s+t? ser+4 State Sharelines Hearings Baard pursuant to Section
1&0& 190 of this chapter. On all applications the hearing examiner shall render a written
decision and transmit copies of such decision to persons who are required to receive
copies of the decision pursuant to ACC 16.08.140. (Ord. 4840 § 1, 1996; Ord. 4225 § 1,
1987; Ord. 4047 § 77, 1985; 1957 code § 11.94.050 (f).)
16.08.140 Grant or denial decision - Notifications.
The director shall notify the following persons in writing of the hearing examiner's
final approval, disapproval or conditional approval of a substantial development permit
application within eight days of its final decision:
A. The applicant;
B. The State Department of Ecology;
C. The State Attorney General;
D. Any person who has submitted to the director written comments on the
application;
E. Any person who has written the director requesting notification. (Ord. 4840 §
1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 78, 1985; 1957 code § 11.94.060(a).)
16.08.150 Development commencement time.
Development pursuant to a substantial development permit shall not begin and
shall not be authorized until 21 days from the date the director files the approved
substantial development permit with the State Department of Ecology and Attorney
General, or until all review proceedings initiated within 21 days of the date of such filing
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Ordinance No. 6095
May 23, 2008
Page 9 of 12
have been terminated. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 79, 1985;
1957 code § 11.94.060(b).)
16.08.160 Termination or review and extension for nondevelopment.
Construction or substantial progress toward construction of a project for which a
permit has been granted pursuant to this chapter must be undertaken within two years
after permit approval or the permit shall terminate. If such progress has not been made,
a new permit application will be required if a project for which a permit has been granted
has not been completed within five years after permit approval, the director shall, at the
expiration of the five-year period, review the permit; and, upon a showing of good cause,
either extend the permit for one year or terminate the permit; provided, that no permit
shall be extended unless the applicant has requested such review and extension prior to
the permit expiration date. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code §
11.94.060(c).)
16.08.170 Conditions or restrictions authorized.
In granting or extending a permit, the director may attach thereto such conditions,
modifications and restrictions regarding the location, character and other features of the
proposed development as he finds necessary to make the permit compatible with the
criteria set forth in the Act and state departmental regulations. Such conditions may
include the requirement to post a performance bond assuring compliance with other
permit requirements, terms and conditions. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987;
1957 code § 11.94.060(d).)
16.08.180 Issuance limitations.
Issuance of a substantial development permit does not obviate requirements for
other federal, state and county permits, procedures and regulations. (Ord. 4840 § 1,
1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.060(e).)
16.08.190 Decision appeals.
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B -.Any person aggrieved by the granting, denying or rescission of a substantial
development permit by the shearing examiner may seek review from the State
Shorelines Hearings Board by filing a petition for review with the board within 21 days of
the date of filing, as defined by RCW 90.58.140(6), of the sou+? hearing examiner's
final decision. Within seven days of the filing of the petition for review with the board, the
person seeking review shall serve a copy of his petition with the State Department of
Ecology, the office of the Attorney General and the director. (Ord. 4840 § 1, 1996; Ord.
4225 § 1, 1987; Ord. 4047 § 80, 1985; 1957 code § 11.94.070.)
16.08.200 Rescission or modification.
A. Any permit granted pursuant to this chapter may be rescinded or modified
upon a finding by the director that the permittee has not complied with the conditions of
his permit.
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Ordinance No. 6095
May 23, 2008
Page 10 of 12
B. The director may initiate rescission and modification proceedings by serving
written notice of noncompliance on the permittee.
C. Before a permit can be rescinded or modified, a public hearing shall be held
by the hearing examiner no sooner than 30 days following the service of notice upon the
permittee. The hearing examiner shall have the power to prescribe rules and regulations
for the conduct of such hearings. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047
§ 81, 1985; 1957 code § 11.94.080.)
16.08.210 Violation - Penalty.
A. The criminal and civil penalties contained in the provisions of the State Act are
hereby adopted.
B. In addition to the penalties adopted in subsection A of this section, any
violation of this chapter may be enforced pursuant to the provisions of Chapter 1.25
ACC. (Ord. 4840 § 1, 1996; Ord. 4504 § 15, 1991; Ord. 4225 § 1, 1987; 1957 code §
11.94.090.)
16.08.220 Administration rules promulgation.
The director is authorized to adopt such rules as are necessary and appropriate
to implement this chapter. The director may prepare and require the use of such forms
as are necessary to its administration. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957
code § 11.94.100.)
1. For provisions of the Shoreline Management Act, see Ch. 90.58 RCW.
Section 2. Adoption of the Auburn Shoreline Master Program.
Pursuant to provisions of the Washington State Shoreline Management Act
Chapter 90.58 RCW, the City hereby adopts the Auburn Shoreline Master
Program, incorporated herein by reference, a copy of which is on file with the
office of the City Clerk.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 4. Severability. The provisions of this ordinance are deemed to
be separate and severable. The invalidity if any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the remainder
of this ordinance, shall not affect the validity if its application to other persons or
circumstances.
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Ordinance No. 6095
May 23, 2008
Page 11 of 12
Section 5. 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.
DATED and SIGNED this day of
INTRODUCED:
PASSED:
APPROVED:
, 2008.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
f.
Dan el B. Heid,
City Attorney
Published:
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Ordinance No. 6095
May 23, 2008
Page 12 of 12
DRAFT Auburn Shoreline Master
DRAFT
Auburn Shoreline Master Program
DRAFT Auburn Shoreline Master
Table of Contents
PREFACE ............................................
CHAPTER 1. DEFINITIONS ....................................................... ...............................1-1
1.1. Interpretation . ............................................................. ................................... 1-1
1.2. Definitions ................................................................... ...................................1-1
CHAPTER 2. SHORELINE MASTER PROGRAM ELEMENTS: ............................... 2-1
2.1. Economic Development Element .............................. ...................................2-1
2.1.1 Goals: ........................................................................... ................................... 2-1
2.2. Public Access Element .............................................. ...................................2-1
2.2.2 Goals: ........................................................................... ................................... 2-1
2.3. Circulation Element .................................................... ...................................2-1
2.3.3 Goal: ............................................................................. ................................... 2-1
2.4. Recreation Element .................................................... ...................................2-2
2.4.4 Goals: ........................................................................... ................................... 2-2
2.5. Shoreline Use Element ............................................... ...................................2-2
2.5.5 Goals: ........................................................................... ................................... 2-2
2.6. Conservation Element ................................................ ...................................2-2
2.6.6 Goals: ........................................................................... ................................... 2-3
2.7. Historical/Cultural Element ........................................ ...................................2-3
2.7.7 Goals: ........................................................................... ................................... 2-3
2.8. Flood Prevention/Critical Areas Element: ................................................... 2-3
2.8.8 Goals: .......................................................................... .................................... 2-3
CHAPTER 3. SHORELINE ENVIRONMENTS .......................... ................................ 3-1
3.1. Purpose ...................................................................... ....................................3-1
3.2. Shoreline Residential ................................................ ....................................3-1
3.2.1 Purpose: ...................................................................... .................................... 3-1
3.2.2 Designation Criteria: .................................................... .................................... 3-1
3.2.3 Management Policies: ................................................. .................................... 3-2
3.3. Urban Conservancy ................................................... ....................................3-2
3.3.4 Purpose :...................................................................... ....................................3-2
3.3.5 Designation Criteria: .................................................... .................................... 3-2
3.3.6 Management Policies: ................................................. .................................... 3-2
3.4. Natural ........................................................................ ....................................3-3
3.4.7 Purpose: ...................................................................... .................................... 3-3
3.4.8 Designation Criteria: .................................................... .................................... 3-3
3.4.9 Management Policies: ................................................. .................................... 3-3
3.5. Shoreline environment descriptions, map, and bo undaries ..................... 3-4
CHAPTER 4. SHORELINE MASTER PROGRAM POLICIES, DEVELOPMENT
STANDARDS AND USE REGULATIONS ..........................................4-1
4.1. Scope .......................................................................... ....................................4-1
4.2. Applicability .............................................................. ..................................... 4-1
4.3. Interpretation . ........................................................... ..................................... 4-2
4.3.1 Adoption of other regulations by reference ................. .....................................4-2
4.4. General Policies and Regulations ........................... .....................................4-3
4.4.2 Conservation and Restoration .................................... .....................................4-3
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DRAFT Auburn Shoreline Master Program
4.4.3 Shoreline Vegetation Conservation .................................. ...............................4-4
4.4.4 Environmental Impact Mitigation ...................................... ...............................4-7
4.4.5 Critical Areas .................................................................... ...............................4-8
4.4.6 Critical Area Regulations Table ........................................ ...............................4-9
4.4.7 Public Access (including views) ........................................ .............................4-12
4.4.8 Flood Hazard Reduction ................................................... .............................4-13
4.4.9 Water Quality, Storm water and Non-Point Pollution ........ .............................4-15
4.4.10 Educational and Archeological Areas and Historic Sites .. .............................4-16
4.4.11 Nonconforming Use and Development Standards ........... .............................4-16
4.5. Permitted Use Table ....................................................... .............................4-18
4.6. Shoreline Modification ................................................... .............................4-24
4.6.12 Dredging and Dredge Material Disposal ........................... .............................4-24
4.6.13 Piers and Docks ............................................................... .............................4-25
4.6.14 Shoreline Stabilization (bulkheads and revetments) ........ .............................4-25
4.6.15 Clearing and Grading ....................................................... .............................4-28
4.6.16 Fill ..................................................................................... .............................4-29
4.6.17 Shoreline Habitat and Natural Systems Enhancement Projects ...................4-29
4.7. Shoreline Uses .............................................................................................4-30
4.7.18 Prohibited Uses ................................................................ .............................4-30
4.7.19 Boat Launching Ramps ................................................... ..............................4-30
4.7.20 Fishery Resources ........................................................... ..............................4-31
4.7.21 In-Stream Structural Uses ............................................... ..............................4-32
4.7.22 Mining 4-32
4.7.23 Recreation ....................................................................... ..............................4-33
4.7.24 Residential Development ................................................. ..............................4-34
4.7.25 Signs ................................................................................ ..............................4-36
4.7.26 Transportation ................................................................. ..............................4-36
4.7.27 Utilities ............................................................................. ..............................4-38
CHAPTER 5. SHORELINE MASTER PROGRAM AMENDMENTS ..........................5-1
5.1.1 Purpose ....................................................................... .................................... 5-1
5.1.2 Amendments authorized .............................................. ....................................5-1
5.1.3 Adoption required by the council ................................. .................................... 5-1
5.1.4 Initiation of amendments ............................................. .................................... 5-1
5.1.5 Applications required ................................................... ....................................5-1
5.1.6 Public hearing required by planning commission ........ .................................... 5-1
5.1.7 Burden of proof ............................................................ ....................................5-2
5.1.8 Public notice ................................................................ .................................... 5-2
5.1.9 City council .................................................................. .................................... 5-2
5.1.10 Transmittal to the Department of Ecology ................... .................................... 5-2
CHAPTER 6. SHORELINE MANAGEMENT ADMINISTRATIVE AND PERMITTING
PROCEDURES .................................................................................... 6-1
6.1. Sections: ........................................................................................................ 6-1
6.2. Permit processing ......................................................................................... 6-2
6.3. Shoreline Substantial Development permit review criteria .......................6-2
6.4. Shoreline Conditional Use Permit review criteria ......................................6-2
6.5. Shoreline Variance Permit review criteria ...................................................6-3
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DRAFT Auburn Shoreline Master
LIST OF TABLES
Table 1. Critical Area Regulations .....................
Table 2. Permitted Use ......................................
4-10
4-19
EXHIBIT A
Shoreline Environment Designation Maps
1 Overview Map (city-wide)
2. Green River 1
3. Green River 2
4. Green River 3
5. Green River 4
6. White River 1
7. White River 2
8. White River 3
9. White River 4
10. White River 5
LIST OF APPENDICES
Appendix A. ACC Chap ter 16.10 Critical Areas
Appendix B. ACC Chap ter 18.56 Signs and 18.08 - 18.32 Density and Dimensions
Appendix C. ACC Cha pter 18.54 Nonconforming Structures Land and Uses
Appendix D. ACC Cha pter 13.48 Storm Drainage
Appendix E. ACC Cha pter 15.68 Flood Damage
Appendix F. Permit Data Sheet
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DRAFT Auburn Shoreline Master
Preface
Washington's Shoreline Management Act (SMA) was passed by the State Legislature in
1971 and adopted by the public in a referendum. The SMA was created in response to
a growing concern among residents of the state that serious and permanent damage
was being done to shorelines by unplanned and uncoordinated development. The goal
of the SMA was "to prevent the inherent harm in an uncoordinated and piecemeal
development of the state's shorelines." While protecting shoreline resources by
regulating development, the SMA is also intended to provide for appropriate shoreline
use by encouraging land uses that enhance and conserve shoreline functions and
values.
The SMA has three broad policies:
1 Encourage water-dependent and water-oriented uses: "uses shall be preferred
which are consistent with control of pollution and prevention of damage to the
natural environment or are unique to or dependent upon use of the states'
shorelines...."
2 Promote public access: "the public's opportunity to enioy the physical and
aesthetic qualities of natural shorelines of the state shall be preserved to the
greatest extent feasible consistent with the overall best interest of the state and
the people generally."
3 Protect shoreline natural resources including "...the land and its vegetation and
wildlife and the water of the state and their aquatic life...."
Under the SMA the shoreline jurisdiction includes areas that are 200 feet landward of
the ordinary high water mark (OHWM) of waters that have been designated as
"shorelines of statewide significance" or "shorelines of the state" and their adjacent
shorelands defined as the upland area within 200 feet of the OHWM, as well as any
associated wetlands (RCW 90 58 030) Two waterbodies in Auburn the Green River
and White River, are regulated under the SMA and the City's Shoreline Master Program
(SMP) The Green and White Rivers are both designated as "shorelines of statewide
significance."
The primary responsibility for administering the SMA is assigned to local governments
through the mechanism of local shoreline master programs adopted under guidelines
established by Ecology The guidelines (WAC 173-26) establish goals and policies that
provide a framework for development standards and use regulations in the shoreline.
The SMP is based on state guidelines but tailored to the specific conditions and needs
of individual communities The SMP is also meant to be a comprehensive vision of how
the shoreline area will be managed over time.
The City of Auburn adopted a SMP in 1972 by Ordinance No. 2691. The SMP provides
both policies and regulations to govern development and other activities in the City's
shorelines The City's municipal code also regulates shoreline development by
Draft iv
DRAFT Auburn Shoreline Master
requiring shoreline substantial development permits. Chapter 16.08 of the city code
provides guidelines for issuance of shoreline permits that implement the state SMA.
In 2003, the state leqislature established funding timelines and guidelines requiring all
cities and counties to update their SMP. The City of Auburn has conducted a
comprehensive SMP update with the assistance of a grant administered by the
Washington State Department of Ecology (SMA Grant No. G0600103). The update has
been prepared consistent with the SMA and its implementing guidelines. The City's
SMP provides goals policies development regulations and permitting procedures for
"shorelines of the state" in the city of Auburn.
Consistent with state guidelines (WAC 173-26-201 Comprehensive Process to Prepare
or Amend Shoreline Master Programs) a first step in the comprehensive Master
Program update process is development of a shoreline inventory and characterization.
The inventory and characterization documents current shoreline conditions and
provides a basis for updating the City's Master Program goals policies and regulations.
The characterization identifies existing conditions evaluates existing functions and
values of shoreline resources and explores opportunities for conservation and
restoration of ecological functions.
State guidelines also require that local governments develop Master Program policies
that promote "restoration" of damaged shoreline ecological functions and develop a
"real and meaningful" strategy to implement restoration objectives. Planning for
shoreline restoration includes identifying opportunities (both programmatic and site-
specific) establishing goals and policies working cooperatively with other regional
entities and supporting restoration through other regulatory and non-regulatory
programs.
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Draft
nPAFT Auhtirn Shoreline Master Proaram
Durina the development of the SMP update t
log
he City worked with a OR deyelepmeRt of the updated SIVIP.
Citizen's Advisory Committee for several months
Special thanks go out to Committee members Don Payne, Terry Bonini, Planning
Commissioner Judy Roland, Mark Hancock, Ex-Councilmember Fred Poe, Sandra
Lange and Julie Herren.
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DRAFT Auburn Shoreline Master
Chapter 1. Definitions
1.1. Interpretation.
Unless the context in which a word is used clearly implies to the contrary, the following
definitions shall apply to the City of Auburn Shoreline Master Program. Footnote
numbers for each definition refer to the source of the definition according to the
following key' 1 Washington Administrative Code (WAC - sections applicable to the
Shoreline Management Act): 2 Revised Code of Washington (RCW 90.58, Shoreline
Management Act); 3 Auburn City Code (definition appears elsewhere in ACC); 4.
Auburn's 1973 SMP: and 5 Definition included as part of 2006-2008 SMP Update.
1.2. Definitions.
"Accessory Structures" means a structure either attached or detached, from a principal
or main building and located on the same lot and which is customarily incidental and
subordinate to the principal building or use.
"Aguacultures" is the farming or culturing of food fish shellfish or other aquatic plants
and animals in stream inlets and other natural or artificial water bodies. Activities
include the hatching cultivating planting feeding raising and harvesting of aquatic
plants and animals and the maintenance and construction of necessary equipment,
buildings and growing areas Cultivation methods include but are not limited to fish
pens fish traps or other similar apparatuses.
"Associated Wetlands'" means those wetlands which are in proximity to and either
influence or are influenced by tidal waters or a lake or stream subject to the Shoreline
Management Act.
"Bioengineering'" means proiect designs or construction methods which use live woody
vegetation or a combination of live woody vegetation and specially developed natural or
synthetic materials to establish a complex root grid within the existing bank which is
resistant to erosion provides bank stability, and maintains a healthy riparian
environment with habitat features important to fish life Use of wood structures or limited
use of clean angular rock may be allowable to provide stability for establishment of the
vegetation.
"Boat Launching Ramps 5,, are areas developed for boating ingress and egress.
"Boathouse 5" means a covered or enclosed moorage space. For the purpose of this
section boathouses are accessory to a residential use and may be located on water or
on land.
"Buffer Strips" means an area of land which: (A) serves to reduce the adverse impacts
between land uses of different intensities or (B) serves to separate or identify transitions
between land uses of the same intensity.
1-1 Oratt
1 = WAC; 2 = RCW,• 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master
"Bulkhead 5,, means vertical structures erected parallel to and near the ordinary high
water mark for the purpose of protecting adjacent uplands from erosion, other than
newly created residential land from the action of waves or currents.
"Channel migration zone (CMZ) "' means the area along a river within which the
channel(s) can be reasonably predicted to migrate over time as a result of natural and
normally occurring hydrological and related processes when considered with the
characteristics of the river and its surroundings.
"Channel ization5" means the straightening deepening or widening of a stream channel
for the purpose of increasing the stream's carrying capacity.
"City 5,, means the City of Auburn.
"Commercial developments 5,, are those uses involved in wholesale and retail trade or
business activities including professional offices.
"Community Pier or Docks" means a pier or dock including a -gangway and/or float which
is intended for use in common by lot owners or residents of a subdivision or residential
planned development district.
"Conditional Use Shoreline'" means a use development or substantial development
which is classified as a conditional use or is not classified within the master program.
"Critical Areas 51o means wetlands streams flood hazard areas, fish and wildlife areas,
aquifer recharge areas and geologically hazardous areas as defined and designated by
the Critical Areas Ordinance (ACC 16.10, Ordinance No.5894).
"Critical Freshwater Habitats 5,, mean habitat areas associated with shorelines of the
state and associated with threatened endangered or sensitive species of plants or
wildlife (pursuant to WAC 232-12-297 Sections 2.4 2.5 and 2.6) and which, if altered,
could reduce the likelihood that the species will maintain and reproduce over the long
term.
"Dedication 5" means the designation of land by its owner for any general and public
uses reserving to the owner no other rights than such as are compatible with the full
exercise and enjoyment of the public uses to which the property has been devoted.
"Department"' means the Washington State Department of Ecology_
"Development"' means a use consisting of the construction or exterior alteration of
structures: dredging: drilling; dumping: filling: removal of any sand gravel, or minerals;
driving of piling: placing of obstructions; or any project of a permanent or temporary
nature which interferes with the normal public use of the surface of the waters overlying
lands subiect to this chapter at any state of water level.
"Director 5,, means the Director of Planning Building and Community Department for the
City of Auburn or his/her assigned designee.
Draft 1-2
1 = WAC; 2 = RCW,• 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master Program
"Dock' S" means a structure that abuts the shoreline and floats upon the water and is
used as a landing or moorage place for recreational purposes.
"Dredging5,, is the removal of material from the bottom of a stream, river or other water
body.
"DEY We115" means a pit filled with coarse rock or lined with crushed rock or gravel for
use as a storm disposal method.
"Educational and archeological sites and historical areas 5,, include significant
archeological sites or excavations old settler homes historic trails, non-commercial
interpretive centers (i.e., public or nonprofit) or any other educationally significant site,
facility, or structures.
"Environmental remediation5i consists of actions taken to identify, eliminate or minimize
any threat posed by hazardous substances to human health or the environment. Such
actions include any investigative site remediation and monitoring activities undertaken
with respect to any release or threatened release of a hazardous substance.
"Fill"' means the addition of soil sand rock gravel sediment earth retaining structure,
or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a
manner that raises the elevation or creates dry land.
"Floats" means a structure comprised of a number of logs, boards, barrels, etc.,
fastened together into a platform capable of floating on water, used as a landing or
moorage structure for swimming purposes Floats are either attached to a pier or are
anchored to the bed lands so as to allow free movement up or down with the rising or
falling water levels.
"Flood hazard reduction'" activities include actions taken to reduce flood damage or
hazards Flood hazard reduction measures may consist of nonstructural or indirect
measures such as setbacks land use controls wetland restoration, dike removal, use
relocation bioengineering measures and storm water management programs; and of
structural measures such as dikes, levees, and floodwalls intended to contain flow
within the channel channel realignment and elevation of structures consistent with the
National Flood Insurance Program.
"Flood Hazard Zones" means an area inundated by the 100-year flood.
"Floodplain"' is synonymous with one hundred-year flood plain and means that land
area susceptible to inundation with a one percent chance of being equaled or exceeded
in any given year. The limit of this area shall be based upon flood ordinance regulation
maps or a reasonable method which meets the objectives of the act.
"Fooodway Fringe 5,, means the area outside the floodway but still in the flood hazard
zone.
1-3 Draft
1 = WAC; 2 = RCW,- 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master
"Floodway5" means those portions of the area of a river valley lying streamward from the
outer limits of a watercourse upon which flood waters are carried during periods of
flooding that occur with reasonable regularity, although not necessarily annually, said
floodwav being identified under normal condition by changes in surface soil conditions
or changes in types or quality of vegetative ground cover condition. The floodwav shall
not include those lands that can reasonably be expected to be protected from flood
waters by flood control devices maintained by or maintained under license from the
federal government the state or a political subdivision of the state.
61 Gangway5" means a sloping structure that provides access from a pier to a float.
"Grading'" means the movement or redistribution of the soil, sand, rock, gravel,
sediment or other material on a site in a manner that alters the natural contour of the
land.
"Groin 5" means a barrier type structure extending from back shore into the water, the
purpose of which is to interrupt sediment movement along the shore.
"Guidelines 51, means those guidelines adopted pursuant to the Shorelines Management
Act of 1971.
"Habitat improvements" means any actions taken to intentionally improve the overall
processes functions and values of critical habitats including wetland, stream and
aquatic habitats Such actions may or may not be in conjunction with a specific
development proposal and include but are not limited to restoration, creation,
enhancement preservation acquisition maintenance and monitoring.
"Hazardous Substances'" means those wastes designated by WAC 173-340-200, and
regulated as hazardous substances by the Department of Ecology.
"Hearing Examiners" means the officer appointed by the City of Auburn City Council to
review and approve or deny applications for substantial development conditional use,
variance and expansion of nonconforming use permits.
"Hearings Board 2,, means the shorelines hearings board established by the Shoreline
Management Act of 1971.
"Height'" means a measurement from average grade level to the highest point of a
structure: provided that television antennas chimneys and similar appurtenances shall
not be used in calculating height except where such appurtenances obstruct the view of
the shoreline of a substantial number of residences on areas adjoining such shorelines,
or the master program specifically requires that such appurtenances be included:
provided further, that temporarv construction equipment is excluded in this calculation.
"Impervious Surfaces" means those surfaces that do not allow the downward passage of
water.
Draft 1-4
1 = WAC; 2 = RCW,- 3 = ACC; 4 = 1,973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master
"In stream Structural Uses'" means a structure placed by humans within a stream or
river waterward of the ordinary high-water mark that either causes or has the potential to
cause water impoundment or the diversion obstruction, or modification of water flow. In-
stream structures may include those for hydroelectric generation irrigation, water
suppiy, flood control transportation utility service transmission, fish habitat
enhancement, or other purpose.
"Interpretive Centers" means a facility containing artifacts history and information about
a site in the immediate area.
"Joint Use Pier or Docks" means a pier or dock including a gangway and/or float which
is intended for the private noncommercial use of not more than four waterfront building
lot owners Properties using a joint use pier or dock must be within 1,000 feet of the
boundary of the lot on which the joint use pier or dock is to be constructed.
"Landfill'° s" is the creation of dry upland area by filling or depositing of sand, soil or
gravel into a shoreland/shoreline areas.
"Launching Ramps s" means areas solely developed for boating ingress and egress.
"Levee Dikes" means a broad embankment of earth built parallel with the river channel
to contain flow within the channel.
"Linear Access 5" means a trail path road or launching ramp by which the public can
travel to and along publicly owned water. Recreational activities such as swimming,
hiking shore fishing hunting and picnicking are typical activities requiring linear access.
"Maintenance Dredging', s" means dredging for the purpose of maintaining a prescribed
minimum depth of any specific waterway project.
"Master Program 4,, means the comprehensive shoreline master program for the City of
Auburn including the use regulations together with maps diagrams charts or other
descriptive material and text.
"Maus" means option possibility or permission.
"Mineral Resource Lands'" means lands primarily devoted to the extraction of minerals
or that have known or potential long-term commercial significance for the extraction of
minerals.
"Mining 5,, means the removal of naturally occurring materials from the earth for
economic uses pursuant to Chapter 78.44 RCW and Chapter 332-18 RCW.
"No Net Loss 5,, means a standard intended to ensure that shoreline development or
uses whether permitted or exempt are located and designed to avoid loss or
degradation of shoreline ecological functions that are necessary to sustain shoreline
natural resources The standard is met when proposed uses or developments are in
romnliance with the provisions of this master program In cases where unavoidable
1-5 uran
1 = WAC; 2 = RCW,- 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master
loss results from allowed uses or developments the standard is met through
appropriate mitigation consistent with the provisions of this master program.
"Nonconforming Use and Development"' means a shoreline use or development which
was lawfully constructed or established prior to the effective date of the act or the
applicable master program or amendments thereto but which do not confirm to present
regulations or standards of the program.
"Non-water Related Uses 5" means those uses which do not need a waterfront location
to operate though easements or utility corridors for access to the water may be desired.
"Normal Maintenance" means those usual acts to prevent a decline lapse, or cessation
from a lawfully established condition. (See also, "Normal repair".)
"Normal Repair 1, 5" means to restore a development to a state comparable to its original
condition within a reasonable period of decay or partial destruction except where repair
involves total replacement which is not common practice or causes substantial adverse
effects to the shoreline resource or environment (See also Normal maintenance".)
"One Hundred Year Flood Plains" means lowlands adioining the channel of a water body
that would be covered by floodwaters of a flood having an average frequency of
occurrence in the order of once in 100 years although the flood may occur in any year.
"One Hundred Year Floods" means a flood that has a magnitude that may be equaled or
exceeded once every one hundred years on the average.
"Ordinary High Water Mark (OHWM)2,, on all lakes streams and river water is that mark
found by examining the bed and banks and ascertaining where the presence and action
of waters are so common and usual and so long continued in all ordinary years, as to
mark upon the soil a character distinct from that of the abutting upland, in respect to
vegetation as that condition exists on the effective date of this Chapter or as it may
naturally change thereafter, or as it may change thereafter in accordance with permits
issued by the City or the Department of Ecology. Provided that in any area where the
ordinary high water mark cannot be found the ordinary high water mark adjoining fresh
water shall be the line of mean high water.
"Outfall5,, means the outlet or place of discharge of a stormwater collection or sanitary
sewer system.
"Permit" means a Substantial Development Permit shoreline conditional use permit, or
shoreline variance issued in compliance with the Shoreline Management Act of 1971
and the Shoreline Master Program for City of Auburn.
"Person 5,, means an individual partnership corporation association organization,
cooperative public or Municipal Corporation or agency of the state or local
governmental unit however designated.
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1 = WAC; 2 = RCW,• 3 = ACC; 4 = 1973 SMP; 5 = 2008 SMP
DRAFT Auburn Shoreline Master
"Pier 5" means a structure that abuts the shoreline and is built over the water on pilings
and is used as a landing or moorage place for recreational purposes.
"Point Access 5,, means a trail path road or launching ramp by which the general public
can travel from a public road to a point of view or to a place suitable for launching a
boat Recreational activities such as motor boat launching canoeing kayaking, rafting
and viewing of scenic vistas are typical recreational activities requiring point access.
"Private Recreational Pier or Docks" shall mean a pier or dock including a gangway
and/or float which is owned and maintained by a private group club association or
other organization and is intended for use by its members.
"Priority Habitat"' means a habitat type with unique or significant value to one or more
species An area classified and mapped as priority habitat must have one or more of the
following attributes: comparatively high fish or wildlife density' comparatively high fish or
wildlife species diversity' fish spawning habitat; important wildlife habitat; important fish
or wildlife seasonal range', important fish or wildlife movement corridor; rearing and
foraging habitat: important marine mammal haul-out; refugia habitat; limited availability;
high vulnerability to habitat alteration: unique or dependent species; or shellfish bed. A
Priority habitat may be described by a unique vegetation type or by a dominant plant
species that is of primary importance to fish and wildlife (such as oak woodlands or
eelarass meadows) A priority habitat may also be described by a successional stage
(such as old growth and mature forests) Alternatively, a priority habitat may consist of
a specific habitat element (such as a consolidated marine/estuarine shoreline, talus
slopes caves snags) of key value to fish and wildlife A priority habitat may contain
priority and/or nonpriority fish and wildlife.
"Priority Species" means species requiring protective measures and/or management
guidelines to ensure their persistence at genetically viable population levels. Priority
species are those that meet any of the criteria listed below.
"Priority uses" means those shoreline uses given priority over other uses by the policies
in the Shoreline Management Ace such as water-dependent uses and uses providing
public access to the state's shorelines.
"Public access 5" means the protection of the public's right to use navigable waters and
the provision of both physical and visual access to and from the water.
"Public Recreational Pier or Docks" means a pier or dock including a gangway and/or
float either publicly or privately owned and maintained intended for use by the -general
public for recreational purposes but not to include docks constructed as part of a
marina.
"Railroad 5,, means a linear passageway for the movement of train passengers or freight.
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"Recreation 5,, means the refreshment of body and mind through forms of play,
amusement or relaxation. This section applies to publicly and privately owned
recreational facilities intended for use either by the public or a private club, group, or
association NOTE: (Certain water dependent uses such as Piers, Docks and Floats,
and Boat Launch Facilities addressed separately in the shoreline use regulations under
those titles.)
"Residential3, 5" development shall mean one or more buildings or structures or portions
thereof which are designed for and used to provide a place of abode for human beings,
including one and two family detached dwellings multifamily residences, row houses,
townhouses mobile home parks and other similar group housing, together with
accessory uses and structures normally common to residential uses including but not
limited to garages sheds upland boat storage facilities tennis courts, and swimming
pools Residential development shall not include hotels, motels, or other transient
housing or camping facilities.
"Restorationmeans the reestablishment or upgrading of impaired ecological shoreline
processes or functions This may be accomplished through measures including, but not
limited to revegetation removal of intrusive shoreline structures and removal or
treatment of toxic materials. Restoration does not imply a requirement for returning the
shoreline area to aboriginal or pre-European settlement conditions.
"Revetments 5" means sloping structures built to increase bank strength and protect a
scarp embankment or shore against erosion by waves or currents. A revetment is
usually built of rock rip-rap wood or poured concrete. One or more filter lavers of
smaller rock or filter cloth and "toe" protection. A revetment typically slopes waterward
and has rough or wagged facing The slope differentiates it from a bulkhead, which is a
vertical structure.
"Riprap5,, means broken stone placed on shoulders banks slopes, or other such places
to protect them from erosion.
"Roads" means a linear passageway usually for motor vehicles. Bridges are roads
which cross over water.
"Shal15,, means obliged to. Shall is mandatory.
"Shorelands" or "Shoreland Areas 2" means those lands extending landward for two
hundred feet in all directions as measured on a horizontal plane from the ordinary high
water mark: floodwavs and contiguous floodplain areas landward two hundred feet from
such floodwavs and all wetlands and river deltas associated with the streams, lakes,
and river waters which are subject to the provisions of this chapter; the same to be
designated as to location by the Department of Ecology. Any county or city may
determine that portion of a one-hundred-year-flood plain to be included in its master
program as long as such portion includes as a minimum, the floodway and the adjacent
land extendina landward two hundred feet there from;
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"Shoreline Areas" and "Shoreline Jurisdiction'" means all "shorelines of the state" and
"shorelands" as defined in this master program and RCW 90.58.030.
"Shoreline Habitat and Natural Systems Enhancement Projects'" means projects which
include those activities proposed and conducted specifically for the purpose of
establishing restoring or enhancing habitat for priority species in shorelines.
"Shoreline Modifications'" means those actions that modify the physical configuration or
qualities of the shoreline area usually through the construction of a physical element
such as a dike breakwater, pier, weir, dredged basin fill bulkhead or other shoreline
structure They can include other actions such as clearing, grading, or application of
chemicals.
"Shorelines of Statewide Significance 2,, means those shorelines described in RCW
90.58.030.
"Shorelines 211 means all of the water areas of the state, including reservoirs, and their
associated shorelands together with the lands underlying them; except (i) shorelines of
state-wide significance: (ii) shorelines on segments of streams upstream of a point
where the mean annual flow is twenty cubic feet per second or less and the wetlands
associated with such upstream segments; and NO shorelines on lakes less than twenty
acres in size and wetlands associated with such small lakes.
"Shoreline Stabilization 5" means actions taken to protect riverbanks or adjacent uplands
from erosion resulting from the action of waves or river currents. "Hard" structural
stabilization includes bulkheads and revetments. "Soft" shoreline stabilization includes
use of bioengineering measures where vegetation lops, and/or rock is used to address
erosion control and/or slope stability.
"Should"' means that the particular action is required unless there is a demonstrated,
compelling reason based on policy of the Shoreline Management Act and this chapter,
against taking the action.
"Sign Informational5,, means a sign designed to guide or direct pedestrians or vehicles.
"Sign Warnings" means a sign designed to warn pedestrians or vehicles of some
imminent danger.
"Sign 3 5,, means any device, structure, fixture or placard that is visible ferom any public
right-of-way or surrounding properties and uses graphics, symbols or written copy for
the purpose of advertising or identifying any establishment, product, goods, or service.
"Signs 5" are public displays whose purpose is to provide information direction or
advertising.
"Single Use Pier or Dock 5,, means a dock or pier including a gangway and/or float
intended for the private noncommercial use of one individual or family.
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"Single-family Residence'" means a detached dwelling designed for and occupied by
one family including those structures and developments within a contiguous ownership
which are a normal appurtenance An "appurtenance" is necessarily connected to the
use and enjoyment of a single-family residence and is located landward of the ordinary
high water mark and the perimeter of a wetland. On a state-wide basis, normal
appurtenances include a garage: deck; driveway; utilities; fences; installation of a septic
tank and drainfield and grading which does not exceed two hundred fifty cubic yards
and which does not involve placement of fill in any wetland or waterward of the ordinary
high water mark Local circumstances may dictate additional interpretations of normal
appurtenances which shall be set forth and regulated within the applicable master
program Construction authorized under this exemption shall be located landward of the
ordinary high water mark.
"Solid waste disposals" is the disposal of garbage refuse and solid waste materials
resulting from domestic agricultural and industrial activities construction and demolition
debris.
"Streamways" means the corridor of a single or multiple channel or channels, within
which the usual seasonal or storm water runoff peaks are contained where the flora,
fauna soil and topography is dependent on or influenced by the height and velocity of
the fluctuating river currents.
"Substantial Development?2" shall mean any development of which the total cost or fair
market value exceeds five thousand seven hundred and eighteen dollars (or the value
as amended or adjusted for inflation per RCW 90.58.030 (3) (e)) or any development
which materially interferes with the normal public use of the water or shorelines of the
state; except that the following shall not be considered substantial developments for the
purpose of this chapter:
A Normal maintenance or repair of existing structures or developments, including
damage by accident, fire, or elements;
B Emergency construction necessary to protect property from damage by the
elements;
C Construction and practices normal or necessary for farming, irrigation, and
ranching activities including agricultural service roads and utilities on shorelands,
and the construction and maintenance of irrigation structures including but not
limited to head gates pumping facilities and irrigation channels. A feed lot of any
size all processing plants other activities of a commercial nature, alteration of the
contour of the shorelands by leveling or filling other than that which results from
normal cultivation shall not be considered normal or necessary farming or
ranching activities A feedlot shall be an enclosure or facility used or capable of
being used for feeding livestock hay, grain silage or other livestock feed, but shall
not include land for growing crops or vegetation for livestock feeding and/or
grazing nor shall it include normal livestock wintering operations;
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C Construction on shorelands by an owner, lessee or contract purchaser of a single
family residence for his own use or for the use of his family, which residence does
not exceed a height of thirty-five feet above average grade level and which meets
all requirements of the state agency or local government having jurisdiction
thereof, other than requirements imposed pursuant to this chapter;
D Construction of a dock including a community dock, designed for pleasure craft
only, for the private noncommercial use of the owner, lessee, or contract purchaser
of single and multiple family residences. This exception applies if: in fresh waters,
the fair market value of the dock does not exceed ten thousand dollars, but if
subsequent construction having a fair market value exceeding five thousand
dollars occurs within five years of completion of the prior construction, the
subsequent construction shall be considered a substantial development for the
purpose of this chapter;
E Operation maintenance or construction of canals, waterways, drains, reservoirs,
or other facilities that now exist or are hereafter created or developed as a part of
an irrigation system for the primary purpose of making use of system waters,
including return flow and artificially stored ground water for the irrigation of lands;
F The marking of property lines or corners on state owned lands, when such marking
does not significantly interfere with normal public use of the surface of the water;
G Operation and maintenance of any system of dikes, ditches, drains, or other
facilities existing on September 8 1975, which were created, developed, or utilized
primarily as a part of an agricultural drainage or diking systen
H Site exploration and investigation activities that are prerequisite to preparation of
an application for development authorization under this chapter, if:
1 The activity does not interfere with the normal public use of the surface
waters;
2 The activity will have no significant adverse impact on the environment
including but not limited to fish wildlife fish or wildlife habitat, water quality,
and aesthetic values,
3. The activity does not involve the installation of a structure, and upon
completion of the activity the vegetation and land configuration of the site are
restored to conditions existing before the activity;
4 A private entity seeking development authorization under this section first
posts a performance bond or provides other evidence of financial
responsibility to the local jurisdiction to ensure that the site is restored to
preexisting conditions: and
5 The activity is not subject to the permit requirements of RCW 90.58.550;
I The process of removing or controlling an aquatic noxious weed as defined in x
RCW 17.26.020, through the use of an herbicide or other treatment methods
applicable to weed control that are recommended by a final environmental impact
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DRAFT Auburn Shoreline Master
statement published by the department of agriculture or the department jointly with
other state agencies under Chapter 43.21 C RCW.
J Watershed restoration projects as defined herein. The City shall review the
projects for consistency with the shoreline master program in an expeditious
manner and shall issue its decision along with any conditions within forty-five days
of receiving all materials necessary to review the request for exemption from the
applicant No fee may be charged for accepting and processing requests for
exemption for watershed restoration projects as used in this section.
"Utilities Primary 5,, are facilities which produce store, collect, treat, carry, discharge, or
transmit electric power, water, storm drainage gas sewage, reclaimed water-
communications, or other public services. Accessory utility facilities are those
associated with delivery of such public services to support individual uses and
developments, such as distribution or service lines.
"Variance Shoreline" means a grant of relief from the specific bulk, dimensional, or
performance standards set forth in the applicable master program and not a means to
vary a use of the shoreline.
"Vegetation conservation"' includes activities to protect and restore vegetation along or
near shorelines that minimize habitat loss and the impact of invasive plants, erosion and
flooding and contribute to the ecological functions of shoreline areas. Vegetation
conservation provisions include the prevention or restriction of plant clearing and earth
grading vegetation restoration and the control of invasive weeds and nonnative
species Vegetation management provisions apply even to those shorelines and uses
that are exempt from a permit requirement.
"Water Dependent Uses', 5,, means a use or portion of a use which requires direct
contact with the water and which cannot exist in any other location and are dependent
on the water by reason of the intrinsic nature of the operation. Some examples of water
dependent uses include fishing piers and reserves which allow biological systems to
continue in a natural undisturbed manner, environmental remediation, and habitat
improvement protects.
"Water Enjoyment Uses" means those uses which provide for recreation involving the
water or facilitates public access to the shoreline as the primary characteristic of the
use or a use which provides for aesthetic eniovment of the shoreline for a substantial
number of people as a general characteristic of the use and, through location, design
and operation assures the public's ability to enioy the physical and aesthetic qualities of
the shoreline To qualify as water eniovment a use must be open to the -general public
and the waterward side of the project must be devoted to provisions that accommodate
public enjoyment and the project must meet the Shoreline Master Program public
access requirements Some examples of water-eniovment uses include viewing towers,
parks, and educational/scientific reserves.
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DRAFT Auburn Shoreline Master
"Water Oriented Uses'" means any water dependent, water-related, or water enioyment
use.
"Water Related Uses'" means those uses which are not intrinsically dependent on a
waterfront location to continue their operation but whose operation cannot occur
economically at this time without a shoreline location. Examples include a seafood
processing plant and warehouses for goods transported by water.
"Watershed restoration plan'" means a plan developed or sponsored by the department
of fish and wildlife the department of ecologv the department of natural resources, the
department of transportation a federally recognized Indian tribe acting within and
pursuant to its authority, a city, a county, or a conservation district that provides a
general program and implementation measures or actions for the preservation,
restoration re-creation or enhancement of the natural resources, character, and
ecology of a stream stream segment drainage area, or watershed for which agency
and public review has been conducted pursuant to chapter 43.21 C RCW, the State
Environmental Policy Act;
A A public or private project the primary purpose of which is to improve fish or
wildlife habitat or fish passage, when all of the following apply:
1 The project has been approved in writing by the department of fish and
wildlife as necessary for the improvement of the habitat or passage and
appropriately designed and sited to accomplish the intended purpose-
2. The project has received hydraulic project approval by the department of fish
and wildlife pursuant to chapter 75.20 RCW; and
3 The local government has determined that the project is consistent with the
local shoreline master program. The local government shall make such
determination in a timely manner and provide it by letter to the project
proponent.
B Hazardous substance remedial actions. The procedural requirements of Chapter
90.58 RCW shall not apply to a project for which a consent decree order or agreed
order has been issued pursuant to chapter 70.105D RCW or to the department of
ecology when it conducts a remedial action under chapter 70.105D RCW. The
department shall in consultation with the appropriate local government, assure
that such projects comply with the substantive requirements of chapter 90.58
RCW chapter 173-26 WAC and the local master program.
"Watershed restoration project'" means a public or private project authorized by the
sponsor of a watershed restoration plan that implements the plan or a part of the plan
and consists of one or more of the following activities:
A A protect that involves less than ten miles of stream reach, in which less than
twenty-five cubic yards of sand gravel or soil is removed, imported, disturbed or
discharged and in which no existing vegetation is removed except as minimally
necessary to facilitate additional plantings;
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B A project for the restoration of an eroded or unstable stream bank that employs the
principles of bioengineering including limited use of rock as a stabilization only at
the toe of the bank and with primary emphasis on using native vegetation to
control the erosive forces of flowing water; or
C A project primarily designed to improve fish and wildlife habitat remove or reduce
impediments to migration of fish or enhance the fishery resource available for use
by all of the citizens of the state provided that any structure, other than a bridge or
culvert or in-stream habitat enhancement structure associated with the project, is
less than two hundred square feet in floor area and is located above the ordinary
high water mark of the stream.
"Wetlands'" means for the purposes of this SMP areas that are inundated or saturated
by surface water or ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes bops and similar areas. Wetlands do not include those artificial wetlands
intentionally created from non-wetland sites including, but not limited to, irrigation and
drainage ditches grass-lined swales canals detention facilities, wastewater treatment
facilities farm ponds and landscape amenities, or those wetlands created after July 1,
1990, that were unintentionally created as a result of the construction of a road, street,
or highway. Wetlands may include those artificial wetlands intentionally created from
non-wetland areas to mitigate the conversion of wetlands.
"Width 5,, means the width of a pier or dock at its widest point measured parallel to the
shoreline or the combined width of a pier, dock, and any attached structures such as a
float at the widest point.
Unlisted words and phrases.
The definition of any word or phrase not listed in this SMP which is in question when
administering this regulation shall be defined from one of the following sources which
are incorporated herein by reference. Said sources shall be utilized by finding the
desired definition from source number one but if it is not available there, then source
number two may be used and so on. The sources are as follows:
A. City development regulations;
B. Any city resolution, ordinance, code or regulations;
C Any statute or regulation of the state of Washington (i.e., the most applicable);
D. Legal definitions from case law or a law dictionary;
E. The common dictionary.
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DRAFT Auburn Shoreline Master
Chapter 2. Shoreline Master Program Elements:
2.1. Economic Development Element
The Economic Development element addresses the location and design of industries,
tourist facilities and commercial and other developments that are particularly dependent
on shoreline locations.
2.1.1 Goals:
1. Proposed shoreline uses shall be located and developed in a manner that will
maintain or improve the health, safety and welfare of the public.
2. Develop, as an economic asset, recreation opportunities and amenities in a
manner that will promote and enhance the public enjoyment of the shorelines.
3. Economic activity along the shorelines shall protect the quality of the site's
environment or adjacent shorelines.
2.2. Public Access Element
The Public Access element addresses the need for providing public access to shoreline
areas.
2.2.2 Goals:
1. Provide new and enhance existing public access to the shoreline environment.
2. Create public access to the rivers through the park and trail system that will not
endanger life or property, nor impair the rights of private property owners on the
shorelines.
3. Create public access to the rivers in a manner that will not impair the natural and
ecological systems of the shorelines.
2.3. Circulation Element
The Circulation element addresses the location and extent of existing and proposed
major thoroughfares, transportation routes and other public transportation-related
facilities and correlates those facilities with shoreline uses.
2.3.3 Goal:
Achieve safe, convenient and diversified circulation systems to provide public
access to the shoreline, efficient movement of people and goods, with minimum
disruption to the shoreline environment and minimum conflict among shoreline
uses.
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DRAFT Auburn Shoreline Master
2.4. Recreation Element
The Recreation element addresses the preservation and expansion of recreational
opportunities by means of acquisition, development and by other means.
2.4.4 Goals:
1. Continue to provide a broad and comprehensive public and private recreation
system meeting the needs of all age and income groups.
2. Preserve open spaces for passive recreation where more active recreational
development and use would be harmful to the shoreline ecology.
3. Encourage the advantageous use of existing natural features and historic
resources as a part of the recreation program and facilities.
4. Foster the preservation or enhancement of recreation and open space areas as
significant elements of the landscape.
5. Continue to work with King County, Pierce County and other adjacent jurisdictions
to encourage preservation and expansion or diversified recreational opportunities
for the public on the Green and White Rivers.
2.5. Shoreline Use Element
The Shoreline Use Element addresses the derived patterns of land use in the shoreline
area.
2.5.5 Goals:
1. Promote the best possible pattern of land and water uses that will be most
beneficial to the natural and human environments.
2. Designated Shorelines of Statewide Significance are of value to the entire State
and shall be managed consistent with this recognition. In order of preference the
priorities are to:
a. Recognize and protect the statewide interest over local interest;
b. Preserve the natural character of the shoreline;
C. Result in long term over short term benefit;
d. Protect the resources and ecology of the shoreline; and,
e. Increase public access to publicly owned areas of the shorelines.
2.6. Conservation Element
The Conservation element addresses the preservation of the natural shoreline
resources, considering such characteristics as scenic vistas, open space riparian
corridors, and other valuable natural or aesthetic features. This element promotes the
restoration of shoreline functions and ecological processes along Auburn's shorelines.
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DRAFT Auburn Shoreline Master
2.6.6 Goals:
1. Restore and enhance shoreline habitats and processes on publicly owned lands.
2. Develop regional solutions with other jurisdictions, tribes and interested parties to
resolve the challenge of protecting shoreline ecological functions while also
protecting shoreline development.
3. Encourage voluntary restoration projects in degraded shoreline environments.
4. Provide ample opportunity for the public to learn about the ecological aspects and
community values of the City's shorelines.
2.7. Historical/Cultural Element
The Historical/Cultural Element addresses the protection and restoration of buildings,
sites and areas having historic, cultural, educational or scientific value.
2.7.7 Goals:
1. Protect, manage and enhance those characteristics of the shoreline that are
unique or have historic significance or aesthetic quality, for the benefit and
enjoyment of the public.
2. Protect archaeological, historic and cultural sites and buildings identified on
national, state or local historic registers from destruction or alteration, and from
encroachment by incompatible uses.
3. Identify such resources during review of proposed development in or near the
Green and White Rivers.
2.8. Flood Prevention/Critical Areas Element:
The Flood Protection/Critical Areas Element addresses reducing potential flood hazards
and flood damages in the City of Auburn and the protection of critical areas in Auburn's
shoreline area.
2.8.8 Goals:
1. Continue to participate in a regional approach to flood protection issues,
coordinating with the State of Washington, King County, Pierce County and other
entities interested in reducing flood hazards on both the White and Green Rivers.
2. Continue to protect wetlands, streams, wildlife habitat, and groundwater and
minimize geologic hazards in the shoreline environment in accordance with the
critical areas ordinance.
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DRAFT Auburn Shoreline Master Program
Chapter 3. Shoreline Environments
3.1. Purpose
To more effectively plan and manage shoreline resources through the development of a
Shoreline Master Program, a system of categorizing shoreline areas through a
classification called "Environments" has been used. This system applies appropriate
policies and regulations to distinctively different shoreline areas.
The purpose of shoreline environment designations is to differentiate between areas
whose geographical, hydrological, topographical, or other features imply differing
objectives for the use and future development of the city's shorelines.
The determination as to which designation should be given to any specific shoreline
area has been based on, and is reflective of, the existing use pattern; the biological and
physical Gapabilities and character of the shoreline; the goals and aspirations
of the local citizenry; and the criteria in the Shoreline Management Act guidelines (WAC
173-26-211).
Each environment designation represents a particular emphasis in the type of uses and
development that should be allowed. The environment designation system is designed
to encourage uses in each environment that enhance or are compatible with the
character of the environment, while at the same time requiring reasonable standards
and restrictions on development so that the character of the environment is not
adversely impacted.
Each environment designation category includes: (1) a purpose statement which
clarifies the meaning and intent of the designation; (2) criteria to be used as a basis for
classifying a specific shoreline area with that environment designation; and (3) general
management policies designed to guide management decisions and development
consistent with the character of the environment. To accomplish the purpose of this
chapter the following shoreline environment designations have been established:
Shoreline Residential
2. Urban Conservancy
3. Natural
3.2. Shoreline Residential
3.2.1 Purpose:
The purpose of the "Shoreline Residential" environment is to accommodate residential
development and appurtenant structures that are consistent with this chapter. An
additional purpose is to provide appropriate public access and recreational uses.
3.2.2 Designation Criteria:
The Shoreline Residential environment designation is appropriate for those areas of the
City's shorelines that are characterized predominantly by single-family or multifamily
residential development or are planned and platted for residential development.
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DRAFT Auburn Shoreline Master Program
3.2.3 Management Policies:
The following management policies should apply to all shorelines in the Shoreline
Residential Environment:
1. Standards for density or minimum frontage width, setbacks, lot coverage
limitations, buffers, shoreline stabilization, vegetation conservation, critical area
protection, and water quality shall be set to maintain no net loss of shoreline
ecological functions. Proposed projects should be reviewed for consistency with
the no net loss policy, taking into account 1) the environmental limitations and
sensitivity of the shoreline area, 2) proposed mitigation for anticipated impacts, 3)
the level of infrastructure and services available, and 4) other comprehensive
planning considerations.
2. Multifamily and multi-lot residential and recreational developments should provide
public access and joint use for community recreational facilities where appropriate.
3. Access, utilities, and public services should be available and adequate to serve
existing needs and/or planned future development.
3.3. Urban Conservancy
3.3.4 Purpose:
The purpose of the "Urban Conservancy" environment is to protect and restore
ecological functions of open space, floodplain and other sensitive lands where they exist
in urban and developed settings, while allowing a variety of compatible uses as
established-byconsistent with the Comprehensive Plan.
3.3.5 Designation Criteria:
The Urban Conservancy environment designation is appropriate for those areas
planned for development that is compatible with maintaining or restoring of the
ecological functions of the area, and that are not generally suitable for intensive water-
dependent uses.
3.3.6 Management Policies:
The following management polices should apply to all shorelines in the Urban
Conservancy Environment:
1 Residential FeGFeat'9Ral and nUhrin faGilit , „6o6 Primary allowed uses and their
associated development standards should fhat preserve the natural character of
the area or promote preservation of open space, floodplain or sensitive lands
where they exist in urban and developed settings, either directly or over the long
term. should be the pF'Fn Fy allowed user,-.--Uses that result in restoration of
ecological functions should be allowed if the use is otherwise compatible with the
purpose of the environment and the setting.
2. Standards should be established for shoreline stabilization measures, vegetation
conservation, water quality, and shoreline modifications within the "urban OR GOMbiRatien with pmpesed
conservancy" designation. These standards,
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DRAFT Auburn Shoreline Master Program
should ensure that new development does
not result in a net loss of shoreline ecological functions or further degrade other
shoreline values.
3. Public access and public recreation objectives should be implemented whenever
feasible and significant ecological impacts can be mitigated.
4. Water-oriented uses should be given priority over nonwater-oriented uses. For
shoreline areas with commercial development or adjacent to commercially
navigable waters, water-dependent uses should be given highest priority.
5. Existing mining and related activities may be an appropriate use within the urban
conservancy environment when conducted in a manner consistent with the
environment policies and the provisions of WAC 173-26-241 (3)(h) and when
located consistent with mineral resource lands designation criteria pursuant to
RCW 36.70A.170 and WAC 365-190-070. No new mining uses or expansion of
existing mines should be permitted within the shoreline jurisdiction.
3.4. Natural
3.4.7 Purpose:
The purpose of the "Natural" environment is to protect those shoreline areas that are
relatively free of human influence or that include intact or minimally degraded shoreline
functions that would become irreversibly impaired as a result of human development
and activity. These systems require that only very low intensity uses be allowed in order
to maintain ecological functions and ecosystem-wide processes. Consistent with the
policies of the designation, the City of Auburn should include planning for restoration of
degraded shorelines within this environment.
3.4.8 Designation Criteria:
The "Natural" environment designation should be assigned to shoreline areas if any of
the following characteristics apply: (A) The shoreline is ecologically intact (as described
in WAC 173-26-211(5)(a)(iii)) and therefore currently performing an important,
irreplaceable function or ecosystem-wide process that would be damaged by human
activity; (B) The shoreline is considered to represent ecosystems and geologic types
that are of particular scientific and educational interest; or (C) The shoreline is unable to
support new development or uses without significant adverse impacts to ecological
functions or risk to human safety.
3.4.9 Management Policies:
The following management policies should apply to all shoreline areas classified as
Natural Environments:
1. Any use that would substantially degrade the ecological functions or natural
character of the shoreline area should not be allowed.
2. The following new uses should not be allowed in the "Natural"
environment:
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DRAFT Auburn Shoreline Master Program
a. Commercial uses.
b. Industrial uses.
c. Non-water-oriented recreation.
d. Roads, utility corridors, and parking areas that can be reasonable located
outside of "Natural" designated shorelines.
3. Single-family residential development may be allowed as a conditional use within
the "Natural" environment if the density and intensity of such use is limited as
necessary to protect ecological functions and be consistent with the purpose of the
environment.
4. Scientific, historical, cultural, educational research uses, and low-intensity water
oriented recreational access uses may be allowed provided that no significant
ecological impact on the area will result.
5. New development or significant vegetation removal that would reduce the
capability of vegetation to perform normal ecological functions should not be
allowed. Do not allow the subdivision of property in a configuration that, to achieve
its intended purpose, will require significant vegetation removal or shoreline
modification that adversely impacts ecological functions. That is, each new parcel
must be able to support its intended development without significant ecological
impacts to the shoreline ecological functions.
3.5. Shoreline environment descriptions, map, and boundaries.
A. The following "Shoreline Environment Descriptions" shall constitute the official
descriptions of the limits of all city shorelands as defined by RCW 90.58.030.
Official maps prepared pursuant to Chapter 173-26 WAC are on file with the City
and included as Exhibit A to the Master Program.
B. Shoreline Environment Descriptions. Descriptions for each river are described
generally from upstream to downstream limits within the city. The use of "left bank"
and "right bank" refers to facing downstream. The Shoreline Environment
Designations maps in Exhibit A indicate the shoreline environment designation for
the White and Green Rivers.
Green River
1. Natural.
a. Left bank, limits of shoreline jurisdiction within the city limits in the NW
and NE quarters, Section 27, Township 21 N, Range 5 E, Willamette
Meridian.
b. Right bank, limits of shoreline jurisdiction within the city limits in the SE
quarter, Section 17, Township 21 N, Range 5 E, Willamette Meridian.
2. Urban Conservancy.
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DRAFT Auburn Shoreline Master
a. Left bank, limits of shoreline jurisdiction within the city limits, from the
boundary between the SE and SW quarters, Section 17, Township 21 N,
Range 5 E, Willamette Meridian to 2nd Street SE.
b. Right bank, limits of shoreline jurisdiction within the city limits in the NW
quarter, Section 17, Township 21 N, Range 5 E, Willamette Meridian to
Lea Hill Road SE.
c. Right bank, limits of shoreline jurisdiction within the city's Potential
Annexation Area (PAA) from Lea Hill Road SE to NW quarter, Section 8,
Township 21 N, Range 5 E, Willamette Meridian.
d. Right bank, limits of shoreline jurisdiction within the city limits from NW
quarter, Section 8, Township 21 N, Range 5 E, Willamette Meridian to
the northern city limits.
e. Left bank, from 26th Street NE to the northern city limits.
3. Shoreline Residential.
a. Left bank, from 2"d Street SE to 26th Street NE.
White River
1. Natural.
a. Left bank, limits of shoreline jurisdiction from southern city limits to the
boundary between Sections 28 and 29, Township 21 N, Range 5 E,
Willamette Meridian.
b. Right bank, limits of shoreline jurisdiction from southern city limits to the
boundary between the NE and NW quarters of Section 28, Township 21
N, Range 5 E, Willamette Meridian.
2. Urban Conservancy.
a. Left bank, limits of shoreline jurisdiction within Game Farm Wilderness
Park.
b. Right bank, limits of shoreline jurisdiction from the boundary between the
NE and NW quarters of Section 28, Township 21 N, Range 5 E,
Willamette Meridian, to the west property boundary of Auburn Game
Farm Park.
c. Left bank, limits of shoreline jurisdiction from R Street SE/Kersey Way
SE to the western city limits.
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DRAFT Auburn Shoreline Master
d. Right bank, limits of shoreline jurisdiction from the east property
boundary of Mount Baker Middle School to the boundary between
Sections 30 and 31, Township 21 N, Range 5 E, Willamette Meridian.
3. Shoreline Residential.
a. Left bank, limits of shoreline jurisdiction in the Stuck River Road Special
Plan Area, including portions of the NE and SW quarters, Section 29,
Township 21 N, Range 5 E, Willamette Meridian.
b. Right bank, limits of shoreline jurisdiction from the west property
boundary of Auburn Game Farm Park to the east property boundary of
Mount Baker Middle School.
c. Right bank, limits of shoreline jurisdiction from the boundary between
Sections 30 and 31, Township 21 N, Range 5 E, Willamette Meridian to
the western city limits.
C. The department may, from time to time as new or improved information becomes
available, modify the official maps described in subsection (A) of this section
consistent with state guidelines to more accurately represent, clarify, or interpret
the true limits of the shorelines defined herein.
D. Areas found to be within shoreline jurisdiction that are not mapped and/or
designated are automatically assigned the "Urban Conservancy" designation until
re-designated through a master program amendment process.
E. Location of Boundaries.
Boundaries indicated as following streets, highways, roads, and bridges shall
be deemed to follow the centerline of such facilities unless otherwise
specified.
2. Boundaries indicated as following railroad lines and transmission lines shall
be deemed to follow the centerline of such rights-of-way or easements unless
otherwise specified.
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DRAFT Auburn Shoreline Master
Chapter 4. Shoreline Master Program Policies,
Development Standards and Use Regulations
The purpose of this chapter is to:
A. Implement the goals of the Shoreline Master Program Elements and establish
policies _ to be
integrated with the Auburn Comprehensive Plan; and
B. Allow for all reasonable and appropriate uses of the City of Auburn's shorelines
without degradation of environmental quality or risk to public health or safety; and
C. Provide standards that will regulate and promote intensities and qualities of
development consistent with the protection of the shoreline environment and its
related resources and the Shoreline Management Act of 1971.
4.1. Scope.
No development defined in RCW 90.58.030 (3) (d) as a use which consists of
construction or exterior alteration of structures, dredging, drilling, dumping, filling,
removal of any sand, gravel or minerals, driving of piling, placing of obstructions, or any
project of a permanent or temporary nature which interferes with the normal public use
of the surface of the waters overlying lands subject to the Shoreline Management Act of
1971, shall be undertaken except in compliance with the provisions of this chapter and
then only after securing all required permits.
A substantial development permit shall be required for any development of which the
total cost or fair market value exceeds five thousand seven hundred and eighteen
dollars ($5,71899A), or the value as amended or adjusted for inflation per RCW
90.58.030 (3) (e), or any development which materially interferes with the normal public
use of the water of the shorelines of the state unless exempt under the Act.
4.2. Applicability.
A. The provisions of this chapter shall apply to all shorelines, shorelands and
associated wetland areas covered by the Shoreline Management Act of 1971 as
follows:
1. All rivers and streams and their associated wetlands downstream from a point
where the mean annual flow is 20 cubic feet per second or greater.
2. All lakes and their associated wetlands which are 20 surface acres in size or
larger.
3. Shorelands and associated uplands extending 200 feet in all directions as
measured on a horizontal plane from the ordinary high water mark; floodways
and contiguous floodplain areas landward two hundred feet from such
floodways; and all wetlands and river deltas associated with their streams,
lakes, and tidal waters subject to the provisions of Chapter 90.58 RCW.
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DRAFT Auburn Shoreline Master Program
B. All new development and uses occurring within shoreline jurisdiction must conform
to Chapter 90.58 RCW, The Shoreline Management Act, Chapters 173-26 and
173-27 of the Washington Administrative Code, and this shoreline master program.
4.3. Interpretation.
A. General.
1. In interpreting and applying the provisions of this chapter, the provisions shall
be held to be minimum requirements, adopted for the promotion of the public
health, safety, and general welfare.
2. When the provisions of this chapter impose greater restrictions than are
imposed by other applicable city, county, regional, state, and federal
regulations, the provisions of this chapter shall control.
3. When a provision of this chapter conflicts with another provision in this
chapter, the more restrictive provision shall apply.
4. Unless the context clearly indicates otherwise, words in the present tense can
include the future tense, and words in the singular can include the plural, or
vice versa.
5. The word "shall" is always mandatory and not discretionary. The words
"should" and "may" are discretionary.
B. Interpretation by the Director.
The authority to administer the provisions of this chapter shall rest with the Director of
Planning, Building and Community or successor department or designee. The Director
shall have the authority to determine that a proposed use is unclassified per the Master
Program (neither prohibited nor included in a particular shoreline environment). Where
the final dote "''' ORatThe Director's determination in these instances may be
appealed according to ACC 18.70.050. Such unclassified uses would be treated as
conditional uses and may be allowed through the conditional use permit (CUP) process
described in WAC 173-27-160.
4.3.1 Adoption of other regulations by reference.
A. The regulations of ACC Chapter 16.10, Critical Areas are herein adopted by
reference and included in Appendix A.
B. The regulations of ACC Chapter 18.56, Signs, and ACC Chapters 18.08 - 18.32,
Density and Dimensions, all contained within Title 18 (Zoning Code) are herein
adopted by reference and included in Appendix B.
C The regulations of ACC Chapter 18.54 Nonconforming Structures, Land and Uses
are herein adopted by referenced and included in Appendix C.
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DRAFT Auburn Shoreline Master
D. The policies and regulations ACC Chapter 13.48, Storm Drainage, are herein
adopted by reference and included in Appendix D.
0-.E. The policies and regulations of ACC Chapter 15.68, Flood Damage are herein
adopted by reference and included in Appendix E.
4.4. General Policies and Regulations
The following general policies and regulations apply to all shorelines of the state that
are located in Auburn, regardless of the specific shoreline environment designation in
any one location.
4.4.2 Conservation and Restoration
Policies
1. Prioritize enhancement and restoration efforts at public parks and public open
space lands
2. Work with owners of other publicly-owned land to encourage restoration and
enhancement projects.
3. Work with the public and other interested parties to prioritize restoration
opportunities identified in the Shoreline Inventory and Characterization Report.
4. Promote vegetation restoration, and the control of invasive weeds and nonnative
species to avoid adverse impacts to hydrology, and to reduce the hazard of slope
failures or accelerated erosion.
5. Integrate bioengineering and/or soft engineering approaches into local and
regional flood control measures, infrastructure, and related capital improvement
projects.
6. Develop a program to implement restoration projects, including funding strategies.
7. Monitor and adaptively manage restoration projects.
8. Continue to work with the State, King County, Pierce County, Watershed Resource
Inventory Area (WRIA) 9 and 10 Forums, the Muckleshoot Tribe, and other
governmental and non-governmental organizations to explore how local
governments (with their assistance) can best address the needs of preserving
ecological processes and shoreline functions.
9. Continue to work with the State, King County, Pierce County, Green River Flood
Control Zone District, and the Inter-County River Improvement Agency to identify
and implement flood management strategies that protect existing development and
restores floodplain and channel migration functions.
10. Continue to work with the WRIA 9 and 10 Forums to restore shoreline habitats and
seasonal ranges that support listed endangered and threatened species, as well as
other anadromous fisheries.
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DRAFT Auburn Shoreline Master
11. Create incentives that will make it economically or otherwise attractive to integrate
shoreline ecological restoration into development projects.
12. Encourage restoration or enhancement of native riparian vegetation through
incentives and non-regulatory programs.
13. Establish public education materials to provide shoreline landowners technical
assistance about the benefits of native vegetation plantings.
14. Explore opportunities with other educational organizations and agencies to develop
an on-going program of shoreline education for all ages.
15. Identify areas where kiosks and interpretive signs can enhance the educational
experiences of users of the shoreline.
16. Develop strategies to fund shoreline-related educational and interpretative
projects.
4.4.3 Shoreline Vegetation Conservation
Policies
1. Developments and activities in the City's shoreline should be planned and
designed to retain native vegetation or replace shoreline vegetation with native
species to achieve no net loss of the ecological functions and ecosystem-wide
processes performed by vegetation.
2. Woody debris should be left in the river corridors to enhance wildlife habitat and
shoreline ecological functions, except where it threatens personal safety or critical
infrastructure, such as bridge pilings. In such cases where debris poses a threat, it
should be dislodged, but should not be removed from the river.
Regulations
1. During any development activity within the shoreline jurisdiction, native plant
communities located within the shoreline buffer (minimum of 100-feet from OHWM
for Shoreline Residential and Urban Conservancy environments; 200-feet for
Natural environment) shall be protected, maintained, or enhanced wit" the
stream -buff erper the regulations established min the Critical Areas Ordinance
and the Master Program. Pursuant to ACC 16.10.090. "Buffer Areas and
Setbacks" buffers that have been previously disturbed shall be re-vegetated
pursuant to an approved enhancement plan.
2 The following uses are allowed within the shoreline buffer only when also allowed
within the applicable shoreline environment designation:
a New public roads and bridges where no feasible alternative location
exists
b Utilities and accessory structures where no feasible alternative location
exists
c. Foot trails constructed according to the following criteria:
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DRAFT Auburn Shoreline Master
i. Designed to minimize impact of permeable materials;
ii. Designed to minimize impact on the shoreline system;
iii. Of a maximum width of twelve (12) feet; and
iv. Located within the outer half of the shoreline buffer, i.e. the portion
of the buffer that is farther away from the stream.
d. Footbridges
e. Education facilities such as viewing platforms and informational signs
f. Water-oriented uses
g. Replacement or rehabilitation of existing levees
3 Pursuant to ACC 18.50.060, "General landscape requirements", all significant trees
shall be retained and made part of the landscape plan. Pursuant to ACC
18.50.030, "Definitions" significant trees are defined as a healthy evergreen tree,
six inches or more in diameter measured four feet above grade; or a healthy
deciduous tree four inches or more in diameter measured four feet above grade.
The Director may authorize the exclusion of any significant tree which for the
reason of public health safety or reasonable site development is not desirable to
maintain.
4 A critical areas study shall be submitted for review for all proposed development
activity within the shoreline jurisdiction. The purpose of the report is to determine
the extent characteristics and functions of critical areas located on or potentially
affected by proposed activities on site. See ACC Section 16.10.070 "Critical Area
Review Process And Application Requirements" for required report contents.
5. Shoreline buffers shall be protected during construction by placement of a
temporary barricade notice of the presence of the critical area and implementation
of appropriate erosion and sedimentation controls as described in ACC 16.10.090,
"Buffer Areas and Setbacks".
6 As part of a development proposal the Director may require the shoreline buffer to
be placed in a separate tract on which development is prohibited; protected by
execution of an easement dedicated to the City, a conservation organization, or
land trust: or similarly preserved through a permanent protective mechanism
acceptable to the City as described in ACC Section 16.10.090, "Buffer Areas and
Setbacks."
7. Proposed development in the shoreline jurisdiction shall include provision of
landscape information appropriate to identify and remove nonnative and invasive
species and replace with native vegetation to maintain or enhance shoreline
ecological functions on the property. When required by the Director, landscape
plans shall establish a staged vegetation removal and replacement program that
keeps the amount of exposed soil during and after clearing and grading activities to
a minimum. In drier months temporary surface irrigation or temporary installation
of intermediate plantings may be required until weather or seasonal conditions
permit installation of the permanent plantings.
4-5 Draft
DRAFT Auburn Shoreline Master
8 If the area of clearing or grading necessary to remove nonnative or invasive
vegetation totals one-acre or greater (43,560 square feet), located on site, in or
outside of shoreline jurisdiction then water quality and erosion control measures
shall be established through the NPDES Construction Stormwater General Permit
and associated Stormwater Pollution Prevention Plan (SWPPP). If the area of
clearing or grading is less than one-acre but includes disturbance of land in
shoreline jurisdiction a Temporary Erosion and Sediment Control (TESC) Plan
shall be required. The TESC Plan shall employ best management practices
(BMPs) consistent with the 2005 Ecology Stormwater Manual for Western
Washington (Volume II Construction Stormwater Pollution Prevention).
3.9. Should a development create unavoidable ifmpacts adverse to shoreline
vegetation located within+a the shoreline jurisdiction, mitigation shall be required.
Mitigation shall ensure that t6he-Uld -he mitigated te here will beaGhieve no net loss
in the amount of vegetated area or the ecological functions performed by the
disturbed vegetation. The Director shall rely on the critical areas study required
under regulation #4 to provide a site specific description of the ecological functions
while also relying on the Auburn Inventory and Characterization report as a general
guide Pursuant to Section XXX. "Environmental Impact Mitigation" of the Master
Program and ACC 16.10.120, "Mitigation Standards, Criteria and Plan
Requirements" on-site and in-kind mitigation is preferred. Mitigation plans shall be
completed before initiation of other permitted activities, unless a phased or
concurrent schedule that assures completion prior to occupancy has been
approved by the Director.
4.10. Restoration of any shoreline that has been disturbed or degraded shall use native
plant materials with a diversity and type appropriate for the site. As described in
ACC Section 16.10.120, "Performance Standards for Mitigation Planning", plants
native to the Puget Lowlands or Pacific Northwest ecoregion should be used as
well as plants that are adapted and appropriate for the proposed habitats.
Significant areas of the site should not be planted with species that have
questionable potential for successful establishment. The use of perennial plants is
preferred over annual species. Plant species high in food and cover value for
native fish and wildlife species that are known or likely to use the mitigation site
should be used Emulate the plant species heterogeneity and structural diversity
found in native plant communities as described in regionally recognized
publications on native landscapes.
L11.Aquatic weed control shall only occur when native plant communities and
associated habitats are threatened or when an existing water-dependent use is
restricted by the presence of weeds.
12. For lawns and other vegetation maintained within shoreline jurisdiction, the use of Formatte
chemical fertilizers pesticides or other similar chemical treatments shall be
discouraged and alternative practices shall be employed. Where chemical
fertilizer, herbicide or pesticide use is necessary for protecting existing natural
vegetation or establishing new vegetation in shoreline areas as part of an erosion
control or mitigation plan the use of time release fertilizer and herbicides shall be
preferred over liquid or concentrate application. As described in ACC 16.10.120,
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DRAFT Auburn Shoreline Master
"Performance Standards for Mitigation Planning", fertilizers must be applied per
manufacturer specifications to planting holes in organic or controlled release forms,
and never broadcast on the ground surface. If herbicides are used, only those
approved for use in aquatic ecosystems by the Washington Department of Ecology
shall be used Herbicides shall only be used in conformance with all applicable
laws and regulations and be applied per manufacturer specifications by an
applicator licensed in the state of Washington.
4.4.4 Environmental Impact Mitigation
Policies
1 All shoreline use and development should be carried out in a manner that avoids
and minimizes adverse impacts so that the resulting ecological condition does not
become worse than the current condition. This means assuring no net loss of
ecological functions and processes and protecting critical areas designated in
Auburn City Code Chapter 16.10 that are located in the shoreline. Should a
proposed use and development potentially create significant adverse
environmental impacts not otherwise avoided or mitigated by compliance with the
master program the Director should require mitigation measures to ensure no net
loss of shoreline ecological functions.
4 Tn uire AG net 1066 Of 6h^reline ecologiGal funrtiGns pFGposed uses and
developments an the shoreline shc)uld anal. imental Omparsts Gf the
. renmental OmpaGts Rot other-wise avoided GF mitigated by Gemplianre with
Regulations
To the extent Washington's State Environmental Policy Act of 1971 (SEPA),
chapter 43.21 C RCW, is applicable, the analysis of environmental impacts from
proposed shoreline uses or developments shall be conducted consistent with the
rules implementing SEPA (ACC 16.06 and WAC 197-11).
2. Where required, mitigation measures shall be applied in the following sequence of
steps listed in order of priority.
a. Avoiding the impact altogether by not taking a certain action or parts of an
action;
b. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps
to avoid or reduce impacts;
C. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
d. Reducing or eliminating the impact over time by preservation and
maintenance operations;
4-7 Draft
DRAFT Auburn Shoreline Master Program
e. Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments; and
f. Monitoring the impact and the compensation projects and taking appropriate
corrective measures.
3. In determining appropriate mitigation measures applicable to shoreline
development, lower priority measures shall be applied only where higher priority
measures are determined to be infeasible or inapplicable.
4. Required mitigation shall not be in excess of that necessary to assure that
proposed uses or development will result in no net loss of shoreline ecological
functions.
5. 5. Mitigation actions shall not have a significant adverse impact on other
shoreline functions fostered by the policies of the Shoreline Management Act.
6. When compensatory measures are appropriate pursuant to the priority of
mitigation sequencing above, preferential consideration shall be given to measures
that replace the impacted functions directly and in the immediate vicinity of the
impact. However, alternative compensatory mitigation within the watershed that
addresses limiting factors or identified critical needs for shoreline resource
conservation based on watershed or comprehensive resource management plans
applicable to the area of impact may be authorized. Authorization of compensatory
mitigation measures may require appropriate safeguards, terms or conditions as
necessary to ensure no net loss of ecological functions. ACC Section 16.10.110,
"Mitigation Standards Criteria And Plan Requirements," establishes regulations on
location and timing of mitigation. On-site and in-kind mitigation are preferred.
7 A monitoring program shall be prepared and implemented by the applicant for
mitigation projects The monitoring program shall include a contingency plan in the
event that implementation of the mitigation plan is inadequate or fails. A
performance and maintenance security is required in the amount of one hundred
and twenty-five percent of the cost of the mitigation project for the length of the
monitoring period. This is to ensure the applicant complies with the terms of the
approved mitigation plan. See ACC 16.10.130, "Monitoring Program and
Contingency Plan" for specific elements that need to be incorporated into the
monitoring program.
4.4.5 Critical Areas
Policies
Provide a level of protection to critical areas within the shoreline that is at least
equal to that which is provided by the City's critical areas regulations adopted
pursuant to the Growth Management Act and the City's Comprehensive Plan. If
conflicts between the SMP and the critical area regulations arise, the regulations
that are most consistent with the SMA or its WAC provisions will govern.
Draft 4-8
DRAFT Auburn Shoreline Master
2. Allow activities in critical areas that protect and, where possible, 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 wetland area and wetland functions.
4. Developments in shoreline areas that are identified as geologically hazardous or
pose a foreseeable risk to people and improvements during the life of the
development should not be allowed.
Regulations
1. All standards in the City of Auburn Critical Areas Ordinance (ACC 16.10) shall
apply within the shoreline jurisdiction where designated critical areas are present.
If there are any conflicts or unclear distinctions between the Shoreline Master
Program and the Auburn Critical Areas Regulations, the Fne6t roctri Gtivo
ro`. iromor,to shall app! the requirements that are the most consistent with the
SMA or its WAC provisions shall apply.
2. All shoreline uses and activities shall be located, designed, constructed and
managed to protect and/or enhance the ecological functions and ecosystem-wide
processes provided by critical areas including, but not limited to: Wetlands,
Streams, Wildlife Habitat, Groundwater Protection Areas, Geologic Hazard Areas,
and Flood Hazard Areas as defined and designated by the Critical Areas
Ordinance; and Critical Freshwater Habitats as defined by the Shoreline Master
Program.
4.4.6 Critical Area Regulations Table
The following table provides a summary of standards per ACC 16.10 "Critical Areas."
The table is only meant to serve as a reference; ACC 16.10 (included as Appendix A)
should be consulted directly to determine the full extent of the regulation. Per ACC
16.10 the Green River and White River are considered Class I Streams. Other
designated critical areas that may be located within shoreline jurisdiction include
wetlands wildlife habitat areas, and geologic hazard areas.
4-g Draft
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DRAFT Auburn Shoreline Master Program
4.4.7 Public Access (including views)
Policies
Public access improvements should not result in adverse impacts to the natural
character and quality of the shoreline and associated wetlands or result in a net
loss of shoreline ecological functions. Developments and activities within the
shoreline should not impair or detract from the public's visual or physical access to
the water.
2. Protection and enhancement of the public's physical and visual access to
shorelines should be encouraged.
3. The amount and diversity of public access to shorelines should be increased
consistent with the natural shoreline character, property rights, and public safety.
4. Publicly owned shorelines should be limited to water-dependent or public
recreation uses, otherwise such shorelines should remain protected, undeveloped
open space.
5. Public access should be designed to provide for public safety. Public access
facilities should provide auxiliary facilities, such as parking and sanitation facilities,
when appropriate, and should be designed to be ADA accessible.
Regulations
All shoreline permits shall include provisions to provide public access where any of
the following conditions are present:
a. Where a development or use will create increased demand for public access
to the shoreline;
b. Where a development or use will interfere with an existing public access way;
c. Where a use is not a priority use under the Act; or,
d. Where a use or development will interfere with the public use of the lands or
waters subject to the public trust doctrine.
2. An applicant need not provide public access where one or more of the following
conditions apply:
a. The City of Auburn provides more effective public access through preparation
and adoption of a public access planning process and plan as described in
WAC 173-26-221(4)(c);
b. Unavoidable health or safety hazards to the public exists which cannot be
prevented by practical means;
C. Inherent security requirements of the use cannot be satisfied through the
application of alternative design features or other solutions;
d. The cost of providing the access or easement is unreasonably
disproportionate to the long-term cost of the proposed development;
Draft 4-12
DRAFT Auburn Shoreline Master Program
e. Environmental harm will result from the public access that cannot be
mitigated; or,
f. Adverse and unavoidable conflict between access requirements and the
proposed use cannot be mitigated.
3. Public access shall be designed to respect private properties.
4. Development uses and activities shall be designed and operated to avoid blocking,
obstructing, reducing or adversely interfering with the public's physical and visual
access to the water and shorelines.
5. Development on the water shall be constructed of non-reflective materials that are
compatible in terms of color and texture with the surrounding area.
6. Public access locations shall be clearly marked with visible signage.
7. Public access provided by shoreline street ends, public utilities, and rights-of-way
shall not be diminished (RCW 36.87.130).
8. Shoreline development by any public entities, including the City of Auburn, port
districts, state agencies, and public utility districts, shall include public access
measures as part of each development project, unless such access is shown to be
incompatible due to reasons of safety, security, impact to the shoreline
environment or other provisions listed in WAC 173-26-221(4)(d).
4.4.8 Flood Hazard Reduction
Policies
1. The City should manage flood protection through the City's Comprehensive
Drainage Plan, Comprehensive Plan, stormwater regulations, and flood hazard
areas regulations.
2. Discourage development within the floodplains associated with the City's
shorelines that would individually or cumulatively result in an increase to the risk of
flood damage.
3. Non-structural flood hazard reduction measures should be given preference over
structural measures. Structural flood hazard reduction measures should be
avoided whenever possible. When necessary, they should be accomplished in a
manner that assures no net loss of ecological functions and ecosystem-wide
processes. Non-structural measures include setbacks, land use controls prohibiting
or limiting development in areas that are historically flooded, stormwater
management plans, or bioengineering measures.
4. Where possible, public access should be integrated into publicly financed flood
control and management facilities.
Regulations
1. No permanent non-water dependent structures or uses shall be placed in the
floodway zone. Bank protection associated with bridge construction and
4-13 Draft
DRAFT Auburn Shoreline Master
maintenance may be permitted and shall conform to provisions of the State
Hydraulics Code (RCW 77.55).
2. Normal maintenance and repair of existing flood control structures, such as levees
and dikes, to a state comparable to its original condition, shall be allowed per WAC
173-27-040(2) (b).
3. Rehabilitation or replacement of existing flood control structures, such as levees
and dikes, whose primary purpose is to contain the 1-percent annual chance flood
event, shall be allowed where it can be demonstrated by an engineering analysis
that the existing structure:
a. Does not provide an appropriate level of protection for surrounding lands;
or
b. Does not meet appropriate engineering design standards for stability (e.g.,
oversteepened side slopes for existing soil and/or flow conditions).
Rehabilitated or replaced structures shall maintain equal or lesser side slope
angles to existing conditions, and shall not extend the toe of slope laterally into the
channel.
4. New structural flood hazard reduction measures shall be allowed only under the
following circumstances:
a. When it can be demonstrated by a scientific and engineering analysis that
they are necessary to protect existing development;
b. That non-structural measures are not feasible;
c. That impacts to ecological functions and priority species and habitats can be
successfully mitigated so as to assure no net loss; and
d. That appropriate vegetation restoration and conservation actions are
undertaken consistent with regulations under Section XXX "Shoreline
Vegetation Conservation" of the Master Program and ACC 16.10, "Critical
Areas" VVAG 173 26 221(5)
5. Permanent structures placed within the 100-year floodplain shall be designed and
constructed in accordance with the requirements of ACC 15.68, "Flood Hazard
Areas".
6. New structural flood hazard reduction measures, such as dikes, levees, berms and
similar flood control structures shall be placed landward of the floodway as
determined by the U.S. Army Corps of Engineers and the State of Washington,
Department of Ecology.
7. New structural flood hazard reduction measures, such as dikes, levees, berms
shall be placed landward of associated wetlands, and designated vegetation
conservation areas, except when the project includes increasing ecological
functions as part of the design or as mitigation for impacts.
8. Dikes, levees, berms and similar flood control structures shall be shaped and
planted with vegetation suitable for wildlife habitat.
Draft 4-14
DRAFT Auburn Shoreline Master
9. New structural public flood hazard reduction measures, such as dikes and levees
shall dedicate and provide or improve public access unless public access
improvements would cause unavoidable health or safety hazards to the public,
inherent and unavoidable security problems, significant ecological impacts that
cannot be mitigated, unavoidable conflict with the proposed use, or a cost that is
disproportionate and unreasonable to the total long-term cost of the development.
10. Removal of gravel from the river channel for flood management purposes is
prohibited.
4.4.9 Water Quality, Storm water and Non-Point Pollution
Policies
1. The City should prevent impacts to water quality and storm water quantity that
would result in a net loss of shoreline ecological functions, or a significant impact to
aesthetic qualities, or recreational opportunities.
2. Storm water management treatment, conveyance, or discharge facilities should be
discouraged in the shoreline jurisdiction, unless no other feasible alternative is
available.
3. Low impact development techniques that allow for greater amount of storm water
to infiltrate into the soil should be encouraged to reduce storm water run-off.
4 Encourage conservation of existing shoreline vegetation which provides water
quality protection by slowing and filtering stormwater runoff.
Regulations
1. Shoreline development and use shall incorporate measures to protect and
maintain surface and ground water quantity and quality in accordance with all
applicable laws. Appropriate vegetation restoration and conservation actions shall
be undertaken consistent with regulations under Section XXX, -"Shoreline
Vegetation Conservation" and ACC 16.10, "Critical Areas".
2. Development within the City's shoreline shall conform to all requirements in the
City's Comprehensive Drainage Plan and stormwater standards, Comprehensive
Plan, and Flood Hazard Areas regulations.
3. The construction of new outfalls into water bodies and improvements to existing
facilities shall comply with all appropriate Federal, State, and City regulations for
water quality.
4. Water discharged to rivers shall receive appropriate treatment as determined by
the Department of Ecology and shall not present a thermal or other barrier to fish
migration.
4-15 Draft
DRAFT Auburn Shoreline Master Program
4.4.10 Educational and Archeological Areas and Historic Sites
Policies
1. Where possible, Educational and Archeological Areas and Historic sites in the
shoreline should be permanently preserved for scientific study, education, and
public observation.
2. Consideration should be given to the National Historic Preservation Act of 1966
and Chapter 43.51 RCW to provide for the protection, rehabilitation, restoration
and reconstruction of districts, sites, buildings, structures and objects located or
associated with the shoreline that are significant in American, Washington and
local history, architecture, archeology or culture.
3. Where feasible and appropriate, access trails to shorelines should incorporate
access to or educational signage acknowledging protected, historical, cultural and
archeological sites or areas in the shoreline.
Regulations
1. If any archeological artifacts are uncovered during excavations in the shoreline,
work must stop and the City of Auburn, the State Department of Archeology and
Historic Preservation and the Muckleshoot Indian Tribe must be notified.
2. Permits issued in areas known or highly suspected to contain archeological
artifacts and data shall have provisions providing for a site inspection and
evaluation by an archeologist prior to initiation of disturbance and for monitoring of
potentially disruptive activities. Cost for inspection and evaluation of the site will be
the responsibility of the developer. This condition shall require the approval by the
Director before work can begin or resume on a project. Significant archeological
data or artifacts shall be recovered before work resumes or begins on a project.
4.4.11 Nonconforming Use and Development Standards
Policies
Legally established uses and developments that predate the City's Shoreline
Master Program (1973, as amended) should be allowed to continue as legal
nonconforming uses provided that future development or redevelopment does not
increase the degree of nonconformity with this program.
Regulations
44Nonconforming use or developments located in the shoreline are subject to the
provisions of the Auburn Zoning Code for nonconforming structures, land, and
uses (ACC 18.54) and if applicable the provisions of the Critical Areas Ordinance
(ACC 16.10.040.E).
Draft 4-16
DRAFT Auburn Shoreline Master
2. Structures that were legally established and are used for a conforming use but
which are nonconforming with regard to setbacks, buffers or yards; area; bulk;
height or density may be maintained and repaired and may be enlarged or
expanded provided that said enlargement does not increase the extent of
nonconformity by further encroaching upon or extending into areas where
construction or use would not be allowed for new development or uses.
3. Uses and developments that were legally established and are nonconforming with
regard to the use regulations of the master program may continue as legal
nonconforming uses. Such uses shall not be enlarged or expanded, except that
nonconforming single-family residences that are located landward of the ordinary
high water mark may be enlarged or expanded in conformance with applicable
bulk and dimensional standards by the addition of space to the main structure or
by the addition of normal appurtenances as defined in WAC 173-27-040 (2)(g)
upon approval of a Shoreline Conditional Use Permit.
4. A use which is listed as a conditional use, but which existed prior to adoption of the
master program or any relevant amendment and for which a Shoreline Conditional
Use Permit has not been obtained shall be considered a nonconforming use.
5. A structure for which a variance has been issued shall be considered a legal
nonconforming structure and the requirements of this section shall apply as they
apply to preexisting nonconformities.
6. A structure which is being or has been used for a nonconforming use may be used
for a different nonconforming use only upon the approval of a Shoreline
Conditional Use Permit. A Shoreline Conditional Use Permit may be approved only
upon a finding that:
a. No reasonable alternative conforming use is practical; aPA
b. The proposed use will be at least as consistent with the policies and
provisions of the Shoreline Master Program and as compatible with the uses
in the area as the preexisting use;..- and
c Meets WAC 173-27-160 conditional use permit review criteria.
r,. d. In addition, such conditions may be attached to the permit as are deemed
necessary to assure compliance with the above findings, the requirements of
the master program the Shoreline Management Act and to assure that the
use will not become a nuisance or a hazard.
7. A nonconforming structure which is moved any distance must be brought into
conformance with the Shoreline Master Program.
8. If a nonconforming development is damaged to an extent not exceeding seventy-
five percent of the replacement cost of the original development, it may be
reconstructed to those configurations existing immediately prior to the time the
development was damaged, provided that application is made for the permits
necessary to restore the development within six months of the date the damage
occurred, all permits are obtained and the restoration is completed within two
years of permit issuance.
4-17 Draft
DRAFT Auburn Shoreline Master Program
9. If a nonconforming use is discontinued for twelve consecutive months or for twelve
months during any two-year period, the nonconforming rights shall expire and any
subsequent use shall be made conforming. A use authorized pursuant to
subsection (6) of this section shall be considered an allowed non-conforming use
for purposes of this section.
10. An undeveloped lot, tract, parcel, site, or division of land located landward of the
ordinary high water mark which was established in accordance with local and state
subdivision requirements prior to the effective date of the Act or the applicable
master program but which does not conform to the present lot size standards may
be developed if permitted by other land use regulations of the local government
and so long as such development conforms to all other requirements of the
applicable master program and the Shoreline Management Act.
4.5. Permitted Use Table
The following table illustrates which shoreline modifications and shoreline uses are
allowed or prohibited in each shoreline environment.
P = Permitted - Permitted uses may require Shoreline Substantial Development Permits and
any other permits required by the Auburn Municipal Code and/or other regulatory agencies.
C = Conditional Use - Conditional uses require Shoreline Conditional Use Permit and may
require other permits required by the Auburn Municipal Code and/or other regulatory
agencies.
X = Prohibited
Draft 4-18
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DRAFT Auburn Shoreline Master
4.6. Shoreline Modification
Shoreline modifications are generally related to construction of a physical element such
as a levee, bulkhead, or pier at or near the river's edge or extending into the channel.
Other shoreline modification actions include dredging, filling, or vegetation clearing in
the shoreline jurisdiction. Modifications are usually undertaken in support of or in
preparation for an allowed shoreline use or development.
4.6.12 Dredging and Dredge Material Disposal
Policies
Dredging and dredge material disposal should be done in manner, which avoids or
minimizes significant ecological impacts. Where impacts cannot be avoided,
mitigation measure are required that result in no net loss of shoreline ecological
functions.
2. Dredge spoil disposal in water bodies, on shorelands, or wetlands within a river's
channel migration zone should be discouraged, except as needed for habitat
improvement.
3. New development shall be sited and designed to avoid or, if that is not possible, to
minimize the need for new and maintenance dredging.
Regulations
Dredging of bottom materials for the sole purpose of obtaining fill material or
aggregate resources is prohibited, except when the material is necessary for the
restoration of ecological functions. When allowed, the site where the fill is to be
placed must be located waterward of the ordinary high-water mark. The project
must be either associated with a MTCA or CERCLA habitat restoration project or, if
approved through a shoreline conditional use permit, any other significant habitat
enhancement project.
2. Maintenance dredging of established navigation channels and basins shall be
restricted to maintaining location, depth, and width previously authorized under this
program.
3. Material dredged in conformance with state and federal water quality standards
may be used in permitted fill projects.
4. Returned water from any dredge material disposed of on land shall meet all
applicable water quality standards and regulations. If necessary, disposal sites
shall be protected by berms and outlets to remove suspended solids and to ensure
that the quality of return water meets state Department of Ecology standards.
5. When dredging is permitted, the dredging shall be the minimum necessary to
accommodate the proposed use or activity.
6. Disposal of dredged materials in water areas shall only be permitted in an
approved disposal site for habitat improvement, to correct material distribution
problems affecting fish resources, where depositing materials on land would be
Draft 4-24
DRAFT Auburn Shoreline Master Program
would be more detrimental to shoreline resources than water deposition, or as fill in
conjunction with an environmental remediation project.
7. Disposal of dredge material on shorelands or wetlands within a river's channel
migration zones shall be prohibited. Proposals for the disposal of dredged
materials in shoreline jurisdiction shall require a conditional use permit and must
show that the site will be suitable for uses permitted for that shoreline environment.
4.6.13 Piers and Docks
Policies
The City should discourage the construction of new piers, docks, or floats in the
shoreline jurisdiction along the Green and White Rivers.
Regulations
1. Construction of new piers, docks, or floats or expansion of existing piers, docks, or
floats shall be prohibited except as necessary for habitat monitoring or
improvement projects.
2. Maintenance of existing legally established piers, docks, and floats shall be
allowed provided that maintenance activities do not adversely impact shoreline
ecological functions.
4.6.14 Shoreline Stabilization (bulkheads and revetments)
Policies
Shoreline stabilization activities that may necessitate new or increased shoreline
stabilization on the same or other affected properties where there has been no
previous need for stabilization should be discouraged
2. New shoreline uses and development shee•Id-_be located away from the shoreline
in order to preclude the need for new shoreline stabilization structures.
3. Structural or "hard" shoreline stabilization techniques and structures should be
allowed only after it is demonstrated that non-structural or "soft" shoreline
protection measures are not feasible.
4. The cumulative effect of allowing bulkheads or revetments along river segments
should be evaluated. If it is determined that the cumulative effects of bulkheads or
revetments would have an adverse effect on shoreline functions or processes, then
permits should not be granted.
5. Bulkheads should not be permitted as a solution to geo-physical problems such as
mass slope failure, sloughing, or land slides. Bulkheads and revetments should
only be approved for the purposes of protecting existing developments by
preventing bank erosion by the rivers.
4-25 Draft
DRAFT Auburn Shoreline Master Program
Regulations
1. Bulkheads or revetments shall be designed, constructed and maintained in a
manner that does not degrade ecological function including fish habitat, and shall
conform to the requirements of the Washington State Department of Fish and
Wildlife criteria and guidelines.
2. Proponents of new or replaced hard bulkheads must demonstrate that "soft"
shoreline protection measures or bioengineering erosion control designs will not
provide adequate upland protection of existing structures or would pose a threat or
risk to adjacent property.
3. The builder of any bulkhead or revetment shall be financially responsible for
determining the nature and the extent of probable adverse effects on fish and
wildlife or on the property of others caused by his construction and shall propose to
the City actions to minimize such effects.
4. A person who has received approval to construct a bulkhead in keeping with these
regulations may be required to grant adjacent property owners the privilege to tie in
and meet with a bulkhead when they have an approved permit.
5. When a bulkhead is required at a public access site, provision for safe access to
the water shall be incorporated in the design whenever possible.
6. Replacement of lawfully established, existing bulkheads or revetments shall be
allowed, subject to the following priority system:
a. First priority. The first priority for replacement of bulkheads or revetments
shall be landward of the existing bulkhead.
b. Second Priority. The second priority for replacement of existing bulkheads or
revetments shall be to replace in place (at the bulkhead's existing location).
c. Third Priority. The third and last priority for replacement of existing bulkheads
shall be a one time replacement no greater than three feet waterward of the
existing bulkhead. Under this third priority, documentation must be provided
that habitat will not be adversely impacted and habitat friendly materials shall
be used. The property owner shall also demonstrate that removing the
existing structure would either
i. Cause irreversible environmental damages, or
ii. Undermine and damage the residential structure on the property.
7. When evaluating a proposal against the above priority system, at a minimum the
following criteria shall be considered:
a. Existing topography;
b. Existing development;
c. Location of abutting bulkheads; and,
d. Impact to habitat.
Draft 4-26
DRAFT Auburn Shoreline Master
8. Repair and maintenance shall maintain the aesthetic integrity of the existing
structure.
9. Bulkheads or revetments shall be constructed of suitable materials that will serve
to accomplish the desired end with maximum preservation of natural
characteristics. Automobile bodies, other junk, solid waste or other materials with
the potential for water quality degradation shall not be used. Design and
construction methods shall consider aesthetics and habitat protection.
10 New or enlarged structural shoreline stabilization measures for an existing
development or residences shall not be allowed unless there is conclusive
evidence documented by a geotechnical analysis, that the structure is in danger
from shoreline erosion. The geotechnical report must include estimates of erosion
rates and damage within three years and must evaluate on-site drainage issues
and address drainage problems away from the shoreline edge before considering
structural shoreline stabilization. The project design and analysis must also
evaluate vegetation enhancement as a means of reducing erosion and promoting
bank stability. Bulkhe ds ^r FeyetmeRt6 shall be IGGated at nr above the OFdiRand
. ,
40-11 An existing shoreline stabilization structure shall not be replaced with a similar
structure unless there is need to protect primary structures from erosion caused by
currents tidal action or waves. At the discretion of the City Engineer, the
demonstration of need does not necessarily require a geotechnical report by a
licensed geotechnical engineer or related licensed professional. The replacement
structure shall be designed located sized and constructed to minimize harm to
ecological functions Replacement walls or bulkheads shall not encroach
waterward of the OHWM or existing structures unless the residence was occupied
prior to January 1 1992, and there are overriding safety or environmental
concerns. In such cases the replacement structure shall abut the existing
shoreline stabilization structure. Soft shoreline stabilization that restores ecological
functions may be permitted waterward of the OHWM.
44-12. Bank protection material shall be placed on/from the bank. Dumping of bank
protection material directly from a truck bed onto the bank face is prohibited.
413. Bank protection material shall be clean and shall be of a sufficient size to prevent
its being washed away by high water.
4-3-14. When riprap is washed out and presents a hazard to the safety of recreational
users, it shall be removed by the owner of such material.
44.-15. Whenever feasible, Ttrees and vegetation shading streams and rivers shall be
retained er-Fepla when riprap is placed.
4-27 Draft
DRAFT Auburn Shoreline Master
4.6.15 Clearing and Grading
Policies
1. Clearing and grading activities should only be allowed in association with a
permitted shoreline development.
2. Clearing and grading activities shall be limited to the minimum necessary for the
intended development, including residential development.
Regulations
1. Clearing and grading activities shall only be allowed in association with an allowed
(permitted) shoreline development.
Clearing and grading activities shall be limited to the minimum necessary for the
intended development, including any clearing and grading approved as part a
landscape plan.
2 If the area of clearing or grading totals one-acre or greater (43,560 square feet),
located on site in or outside of shoreline jurisdiction, then water quality and
erosion control measures shall be established through the NPDES Construction
Stormwater General Permit and associated Stormwater Pollution Prevention Plan
(SWPPP). If the area of clearing or grading is less than one-acre, but includes
disturbance in shoreline jurisdiction a Temporary Erosion and Sediment Control
(TESC) Plan shall be required. The TESC Plan shall employ best management
practices (BMPs) consistent with the 2005 Ecology Stormwater Manual for
Western Washington (Volume II Construction Stormwater Pollution Prevention).
3 Clearing and grading activities shall adhere to a prepared schedule and mitigation
plan as approved by the Director. This schedule and mitigation plan shall include,
but not be limited to limits of clearing and grading activities and the design,
implementation maintenance and monitoring of mitigation requirements to prevent
erosion, siltation, and destruction of vegetation.
4 All grading shall be completed or stabilized by October 31St of each year unless the
applicant provides technical analysis that demonstrates to the satisfaction of the
Director that no harm to the shoreline environment or safety problems would result
from -grading between October 31St and April 1St
3-.5. Clearing invasive non-native shoreline vegetation listed on the King County
Noxious Weed List is permitted in the shoreline, provided hand held equipment is
used and native vegetation is promptly reestablished in the disturbed area.
t" nnntFel tFeat, Rd Feld se r„ni'ff °G that FeGeivinn WateF q ality and sheFe
Draft 4-28
DRAFT Auburn Shoreline Master Program
..
feasible utilize nil beeennirieerinn tenhnique
,
4.6.16 Fill
Policies
1. Fill placed waterward of the OHWM should be prohibited and only allowed to
facilitate water-dependant uses..-
2. Where permitted, fill should be the minimum necessary to provide for the proposed
use and should be permitted only when tied to a specific development proposal
that is permitted by the Shoreline Master Program.
3. The perimeter of fill activities should be designed to avoid or eliminate erosion and
sedimentation impacts, both during initial fill activities and over time.
Regulations
1. Fill extending no further than the OHWM or the natural bank, whichever is less,
may be permitted provided that probable significant adverse impacts are mitigated.
2. Fill for the purpose of creating new land shall be permitted only for water
dependent uses.
3. Perimeters of cuts and fills shall be provided with vegetation, riprap, retaining
walls, or other approved means for slope protection.
4. Fill materials shall not cause violation of water quality standards or otherwise be
toxic to humans or to fish and wildlife.
4.6.17 Shoreline Habitat and Natural Systems Enhancement Projects
Policies
All proposed shoreline habitat and natural systems enhancement projects should
assure that the activities associated with each project address legitimate
restoration needs and priorities and facilitate implementation of the Restoration
Plan developed with this Shoreline Master Program pursuant to WAC 173-26-
201(2)(f).
Regulations
A shoreline habitat or natural systems a€nhancement project involving
environmental remediation activities shall not harm human health or the
environment. AiIiZe GleaRup GptieRG that will not pose a thFeat to human health eF
4-29 Draft
DRAFT Auburn Shoreline Master
to the eRVir9Rm°^t Cleanup methods ep#ien-&-shall not have significant negative
impacts on b9 GGFnpatible with adjacent and existing land uses in the area.
2. Where possible, habitat improvement projects shall be protected in perpetuity
through a conservation easement conveyed to the city or public agency. The
Director of Planning, Building and Community may approve other forms of
encumbrances. If future development proposes to impact existing habitat
improvement sites, it must be demonstrated that there are no practicable
alternatives to avoid adverse impacts and, further, that adequate mitigation is
provided to address unavoidable losses.
3. Habitat improvements shall premete-use an ecosystem or landscape approach, b}
integratei4g projects into their surrounding shoreline environments and pm meting
include greenbelts for species movement and use by speeiee.
4.7. Shoreline Uses
Shoreline use activities are developments or activities that exist or are anticipated to
occupy shoreline locations.
Regulations are developed on the premise that all appropriate shoreline uses require
some degree of control to minimize adverse affects to the shoreline environment and
adjoining properties.
Each proposed development within the Shoreline Management Act's jurisdiction will be
evaluated to determine its conformance with the use activity policies and regulations, as
well as the Shoreline Management Element noals and policies
Management Fzl°m°Ht_ Deyelepm°Rt , the SMA, and the SMP. eEven uses and
activities these that are exempt from the requirements for a shoreline substantial
development permit R . it°m°^. must be consistent with the policies and regulations
of the sheFelin° master pFegFnm SMP, the SMA, and its provisions.
4.7.18 Prohibited Uses
The following uses are prohibited in all shoreline environments unless addressed
separately in this shoreline master program under another use:
Commercial aquaculture;
2. Boat houses;
3. New or expanded mining; and
4. Permanent solid waste storage or transfer facilities.
4.7.19 Boat Launching Ramps
Policies
Boating facilities should not be allowed unless they are accessible to the general
pi?ublic or serve a ard-community
Draft 4-30
DRAFT Auburn Shoreline Master
2. New boat launching ramps should be allowed only where they are located at sites
with suitable environmental conditions, shoreline configurations, access and
neighboring uses.
3. Development of new or modifications to existing boat launching ramps and
associated and accessory uses should not result in a net loss of shoreline
ecological functions or other significant adverse impacts.
Regulations
Public boat launching ramps shall be permitted in the Urban Conservancy and
Shoreline Residential Environments.
2. Before granting approval of a permit to allow any boat launching ramp, the
applicant must satisfactorily demonstrate that:
a. Adequate facilities for the efficient handling of sewage and litter will be
provided.
b. The ramp will minimize impediments to migrating fish and will not locate on
sites important for salmonids, including spawning, feeding or rearing areas.
C. Important navigation routes or recreation areas will not be obstructed.
d. Adequate separation will be maintained between structures and adjacent
properties.
e. Adequate separation and buffers will be maintained between the facility's
associated parking area and adjacent properties such that the landscaping
requirements per Auburn Municipal Code 18.50, "Landscaping and
Screening" are met.
f The dimensions and composition of buffers between the OHWM and the
facility's associated parking area shall meet requirements per ACC Section
16.10.090. "Buffer areas and setbacks".
f-. g. The boat launch shall be designed so that structures are aesthetically
compatible with, or enhance, existing shoreline features and uses.
4.7.20 Fishery Resources
Policies
Development of fishery resource facilities and associated activities, such as
hatcheries and fish counting stations should assure no net loss to shoreline
ecological functions or processes.
Regulations
1. Development of fishery resource facilities shall be permitted as a conditional use in
the Urban Conservancy and Natural environment.
2. Development of fishery resource facilities shall have no significant adverse impact
on the visual access, water quality, and general aesthetic quality of the shoreline.
4-31 Draft
DRAFT Auburn Shoreline Master Proqram
4.7.21 In-Stream Structural Uses
Policies
1. Approval of applications for in-stream structures should require inclusion of
provisions for the protection and preservation of ecosystem-wide processes,
ecological functions, and cultural resources, including, but not limited to, fish and
fish passage, wildlife and water resources, shoreline critical areas, hydro
geological processes, and natural scenic vistas.
2. The location and planning of in-stream structures should give consideration to the
full range of public interests, watershed functions and processes, and
environmental concerns, with special emphasis on protecting and restoring priority
habitats and species.
3. Non-structural and non-regulatory methods to protect, enhance, and restore
shoreline ecological functions and processes and other shoreline resources should
be encouraged as an alternative to structural in-stream structures.
Regulations
1. In-stream structures shall only be permitted as a conditional use in the Urban
Conservancy, Shoreline Residential and Natural (highly limited) environments.
2. Where in-stream structures are permitted, they shall be developed and maintained
in a manner that does not adversely impact ecological functions or wildlife habitat.
3. In-stream structures that divert water shall return flow to the river in as short a
distance as possible.
4. All permit applications for in stream structures shall contain, at a minimum, the
following:
a. Provision for public access to and along the affected shoreline and proposed
recreational features at the site, where applicable. Public access provisions
shall include vistas and trails.
b. A plan describing the extent and location of vegetation proposed for removal
to accommodate the proposed facility and restoration plans.
c. All design work shall be done in consultation with the State Department of
Fish and Wildlife, State Department of Ecology and other relevant agencies.
4.7.22 Mining
Policies
Limit mining activities near the shoreline to existing mining uses.
Regulations
New or expanded mining activities shall be prohibited.
Draft 4-32
DRAFT Auburn Shoreline Master
2. Impacts to shorelines and water bodies due to existing mining operations upland of
the shoreline jurisdiction shall be minimized.
4.7.23 Recreation
Policies
Prioritize shoreline recreational development that provides public access,
enjoyment and use of the water and shorelines of the State over other non water-
oriented recreational uses.
2. Shoreline areas with the potential for providing recreation or public access
opportunities should be identified for this use and, wherever possible, acquired and
incorporated into the Public Park and open space system.
3. Public recreational facilities should be located, designed and operated in a manner
consistent with the purpose of the environment designation in which they are
located and such that no net loss of shoreline ecological functions or ecosystem-
wide processes result.
4. The coordination of local, state, and federal recreation planning should be
encouraged so as to mutually satisfy needs. Shoreline recreational developments
should be consistent with the City's Comprehensive Plan and Parks, Recreation
and Open Space Plan.
5. Recreational development should not interfere with public use of navigable waters.
Regulations
1. Accessory use facilities such as rest rooms and parking areas shall be set back
from the ordinary high water mark unless r,,UGh accessory use facilities are
essentially s"e water--orienteThese areas should be linked to
the shoreline by walkways.
2. For recreation developments requiring fertilizers, pesticides or other toxic
chemicals, such as golf courses and play fields, the applicant shall submit plans
demonstrating the methods to be used to prevent these chemicals and the
resultant leachate from entering adjacent water bodies and wetlands. Native
vegetation zone strips and, if practical, shade trees shall be included in the
development. At a minimum plans shall be consistent with Section XXX.,
"Shoreline Vegetation Conservation" regulations of the Master Program.
3. The use of time release fertilizers and herbicides shall be preferred over liquid or
concentrate application for lawns grown within shoreline jurisdiction.
4. A coordinated system of signs indicating the publics' right of access to shoreline
areas shall be installed and maintained in conspicuous locations at the point of
access and the entrance thereto.
5. In approving shoreline recreational developments, the City shall ensure that the
development will maintain, enhance or restore desirable shoreline features
including scenic views. To this end, the City may adjust and/or prescribe project
4-33 Draft
DRAFT Auburn Shoreline Master Program
dimensions, location of project components on the site, intensity of use, screening,
parking requirements, and setbacks, as deemed appropriate to achieve this intent.
6. Recreational development shall be subject to the following design requirements:
a. Development shall be designed to maintain, enhance and/or restore desirable
shoreline features including areas of native vegetation, scenic views and
aesthetic values.
b. Recreational developments shall provide non-motorized access to the
shoreline such as pedestrian and bicycle paths. Motorized vehicular access is
prohibited on stream beds, except for boat launching and maintenance
activities.
c. To protect natural resources and adjacent properties, recreational facility
design and operation shall prohibit the use of all-terrain and off-road vehicles
in the shoreline area.
d. Proposals for developments shall include a landscape plan that uses primarily
native, self-sustaining vegetation. The removal of on-site native vegetation
shall be limited to the minimum necessary for the development of permitted
structures or facilities. See "Clearing and Grading" and "Shoreline Vegetation
Conservation" sections of the Master Program for specific regulations.
e. No recreation buildings or structures shall be built over water, except water
dependent or public access structures such as docks, piers, viewing platforms
or walkways subject to applicable regulations of this shoreline master
program.
f. Recreational facilities shall make adequate provisions, such as screening,
buffer strips fences and signs to prevent parking overflow and to protect the
value and enjoyment of adjacent and natural areas.
g. Proposals for recreational developments must include plans for sewage
disposal, water supply, and solid waste disposal. All disposal facilities shall
meet all applicable State and local standards and regulations.
h. Accesses for boats shall allow safe and convenient passage to the public
water, dictated by the class of boats using the access.
4.7.24 Residential Development
Policies
1. New over-water residences, including floating homes, are not a preferred use and
should be prohibited.
2. New multiunit residential development and land subdivisions for more than four
parcels should provide community and/or public access in conformance to the
City's public access planning and this Shoreline Master Program. Adjoining
access shall be considered in making this determination.
3. Accessory development (to either multiple family or single family) should be
designed and located to blend into the site as much as possible.
Draft 4-34
DRAFT Auburn Shoreline Master
4. New residential developments should avoid the need for new shoreline
stabilization or flood hazard reduction measures that would cause significant
impacts to other properties or public improvements or a net loss of shoreline
ecological functions.
Regulations
1. Residential development shall be subject to the requirements of the City of Auburn
Zoning Code (Title 18). In case of a discrepancy between the requirements of this
Master Program and the Zoning Code, or other regulationsL-consistency with the
SMP, the SMA, and its provisions the ^°+ Fe6tFiGtiye reg ulatinn shall prevail.
2. Prior to the granting of a Substantial Development Permit or Building Permit, the
City shall make a determination that the proposed project is consistent with the
policies and regulations of the Shoreline Master Programme including the
following regulafery standards:
a.The proposed development site is suited for residential use and is not located in
areas having significant hazard to life and property and likely to require future
public funds to protect and rehabilitate.
a. Adequate methods of erosion control will be utilized during and after project
construction.
,.b. Disturbance of established, native shoreline vegetation will be minimized.
Vic. Solutions will be provided to the problem of contamination of surface waters,
depletion and contamination of ground water supplies and generation of
increased runoff into water bodies.
3. Residential development over water including garages, accessory buildings, and
boathouses shall not be permitted unless otherwise specified in this chapter.
4. The following lot coverage, setback and height limitations shall be applicable to
residential development in all shoreline environments:
a-. b. Lot Coverage. Not more than 33 and 1/3 percent of the gross lot area within
the regulated shoreline shall be covered by impervious material including
parking areas but excluding driveways.
Vic. Setbacks. All setbacks, with the exception of the setbacks from the ordinary
high water mark, shall be as required by the City of Auburn Zoning Code or
other City regulations.
mod. Setbacks for Shoreline Sites from Ordinary High Water Mark. The required
setback for buildings and structures from any lot line or lines abutting the
ordinary high water mark or lawfully constructed bulkhead or revetment,
whichever is further upland, shall be 100 feet except that the special shoreline
setback shall not apply to approved docks, floats, buoys, bulkheads,
launching ramps and similar structures.
5. Site Preparation. It shall be the intent of this Chapter to require the maintenance,
enhancement, and preservation of the natural site amenities. To this end, the City
4-35 Draft
DRAFT Auburn Shoreline Master
may limit the extent of grading and clearing to the extent deemed necessary for the
reasonable and necessary use of the site or tract.
6. Height Limitations. The maximum height above average grade level of any
residential structure shall be 35 feet unless a Conditional Use Permit is obtained.
7. Fences.
a. No fence shall extend waterward of the OHWM; and,
b. Fences waterward of the furthest waterward extension of the house shall be
limited to four feet in height or less.
4.7.25 Signs
Policies
Signs should be designed, constructed and placed so that they are compatible
with the natural quality of the shoreline environment and adjacent land and water
uses.
Regulations
1. The location, erection and maintenance of all signs must comply with the City of
Auburn Sign Code.
2. Off-premise outdoor advertising signs are prohibited in all shoreline environments.
3. No signs will be erected or maintained upon trees, or drawn or painted upon rocks
or other natural features.
4.7.26 Transportation
Policies
Plan, locate, design and where appropriate construct, proposed roads, non-
motorized systems and parking facilities where routes will have the least possible
adverse effect on unique or fragile shoreline features, will not result in a net loss of
shoreline ecological functions or adversely impact existing or planned water-
dependent uses. Where other options are available and feasible, new roads or
road expansions should not be built within shoreline jurisdiction.
2. The number of river crossings should be minimized.
3. Parking facilities in shorelines are not a preferred use and shall be allowed only as
necessary to support an authorized use and then as remote from the Shoreline as
possible.
4. Trail and bicycle systems should be encouraged along the White and Green Rivers
wherever possible.
5. Joint use of transportation corridors within the shoreline jurisdiction for roads,
utilities, and non-motorized transportation should be encouraged.
6. New railroad corridors should be prohibited.
Draft 4-36
DRAFT Auburn Shoreline Master
Regulations
Roads & Bridges
Developers of new roads must be able to demonstrate the following:
a. The need for a shoreline location and that no reasonable upland alternative
exists.
b. That construction is designed to protect the adjacent shorelands against
erosion, uncontrolled or polluting drainage, and other factors detrimental to
the environment both during and after construction.
C. That the project will be planned to fit the existing topography as much as
possible thus minimizing alterations to the natural environment.
d. That all debris, overburden and other waste materials from construction will
be disposed of in such a way as to prevent their entry by erosion from
drainage into water body.
e. That proposed bridges will be built high enough to allow the passage of
debris and anticipated high water flows.
That when new roads will afford scenic vistas, viewpoint areas will be
provided. Scenic corridors shall have sufficient provision for safe pedestrian
and non-motorized vehicular travel.
2. Developers of roads must demonstrate that:
a. The road is located on grade rather than elevated unless crossing wetlands.
Road designs must provide appropriate pedestrian and non-motorized
vehicular crossings where public access to shorelines is intended.
3. Where bridges cross the Green and White Rivers, pedestrian linear access along
the water will be provided except where precluded by safety factors. Pedestrian
and bicycle passage across water shall be provided except on limited access
highways.
4. Bridges shall be used when crossing marshes, swamps, bogs, ponds, natural
recharge areas and other wetlands to avoid obstructing movement of surface and
groundwater.
5. All cut and fill slopes shall be stabilized and planted with native and/or
appropriately introduced grasses, shrubs and/or trees which shall be maintained by
the installing agency until established.
6. Roads shall net be located so as to avoid the use of culverts to the maximum
extent possible.
7. Major roads shall cross shoreline areas by the shortest most direct route feasible,
unless such route would cause significant additional environmental damage.
8. Private access roads providing ingress and egress for individual single family
residences or lots shall be limited to one lane with turnouts and may not exceed a
maximum width of fifteen (15) feet.
4-37 Draft
DRAFT Auburn Shoreline Master Program
9. Private access roads serving two or more families may be two lanes in width.
Railroads
1. New railroads requiring right-of-way expansion are prohibited.
2. Expansion of existing railroad within existing rights-of-way (i.e. additional track)
must demonstrate the following:
a. The need for a shoreline location and that no reasonable upland alternative
exists.
b. The construction is designed to protect adjacent shorelands against erosion,
uncontrolled or polluting drainage, and other factors detrimental to the
environment both during and after construction.
C. The identification of anticipated adverse environmental impacts and mitigation
measures.
d. That the project is planned to fit the existing topography as much as possible
thus minimizing alterations to the natural environment.
e. That all debris, overburden and other waste materials from construction will
be disposed of in such a way as to prevent their entry by erosion from
drainage into a water body.
f. That proposed bridges, if any, will be built high enough to allow the passage
of debris and anticipated high water flows.
3. Relocation of existing tracks and right-of-way landward of an existing right-of-way
with no expansion in the number of tracks shall be a conditional use.
4. All cut and fill slopes shall be stabilized and planted with native and/or
appropriately introduced grasses, shrubs and/or trees which shall be maintained by
the installing agency until fully established.
5. Bridges shall be used when crossing marshes, swamps, bogs, ponds, natural
recharge areas and other wetlands to avoid obstructing movement of surface and
groundwater.
6. Railroad overpasses and underpasses shall be encouraged and designed to
promote safety for the pedestrian and for the railroad.
7. Public access improvements, including tying in to existing access, shall be required
with any railroad expansion.
8. Easement crossings shall be granted by the railroad for public facilities and
services as part of railroad expansion or right-of-way relocation.
4.7.27 Utilities
Policies
Utility facilities should be designed and located to assure no net loss of shoreline
ecological functions, preserve the natural landscape and vistas, preserve and
Draft 4-38
DRAFT Auburn Shoreline Master
protect fish and wildlife habitat, and minimize conflicts with present and planned
land and shoreline uses.
2. Primary utility production and processing facilities, such as power plants, sewage
treatment plants, water reclamation plants, or parts of those facilities that are non-
water-oriented should not be allowed in shoreline areas.
3. Utilities should utilize existing transportation and utilities sites, rights-of-way and
corridors, whenever possible. Joint use of rights-of-way and corridors should be
encouraged.
4. Transmission facilities for the conveyance of services, such as power lines, cables,
and pipelines, shall be located outside of the shoreline area where feasible.
Where no other option exists, utilities should be placed underground or alongside
or under bridges.
5. New utilities facilities should be located so as not to require extensive shoreline
protection structures.
6. Where storm water management, conveyance, and discharge facilities are
permitted in the shoreline, they should be limited to the minimum size needed to
accomplish their purpose and should be sited and designed in a manner that
avoids, or mitigates adverse effects to the physical, hydrologic, or ecological
functions.
7. Stormwater conveyance facilities should utilize existing transportation and utility
sites, rights-of-way and corridors, whenever possible. Joint use of right-of-way and
corridors should be encouraged.
Regulations
Shoreline permit applications for installation of primary utility facilities shall include
the following:
a. Reason why utility facility requires a shoreline location;
b. Alternative locations considered and reasons for their elimination;
c. Location of other utility facilities in the vicinity of the proposed project
including facilities of other types of utilities;
d. Plans for reclamation of areas disturbed during construction;
e. Plans for control of erosion and turbidity during construction;
f. Possibility for consideration of the proposed facility within existing utility right-
of-way.
2. Utilities shall be located to be consistent with the policies of comprehensive plan
utilities element.
3. The State of Washington Departments of Fish and Wildlife and Ecology shall be
notified of any utility proposal which would require withdrawals of water from any
body of water under shoreline management jurisdiction.
4-39 Draft
DRAFT Auburn Shoreline Master
4. Construction of underwater utilities or those within the wetland perimeter shall be
timed to avoid major fish migratory runs.
5. All underwater pipelines transporting liquids intrinsically harmful to aquatic life or
potentially detrimental to water quality shall provide automatic shut off valves.
6. Upon completion of utility installation/maintenance projects on shorelines, banks
shall, at a minimum, be restored to pre-project configuration, replanted and
provided with maintenance care until the newly planted vegetation is fully
established. Plantings shall be native species and/or be similar to vegetation in the
surrounding area.
7. Above ground site specific primary utility facilities such as generating facilities,
switching complexes, wastewater treatment plants, water reclamation facilities,
storage tanks, and substations shall be located at least 200 feet from the ordinary
high water mark unless the permittee can show the need for a shoreline location.
8. Water reclamation discharge facilities such as injection wells or activities such as
land application are prohibited in the shoreline jurisdiction.
9. Where major generating facilities must be placed in a shoreline area, scenic views
shall not be obstructed
10. Transmission, distribution, and conveyance facilities shall cross shoreline
jurisdictional areas by the shortest, most direct route feasible, unless such route
would cause significant environmental damage.
11. Where overhead transmission lines must parallel the shoreline, they shall be
outside of the two hundred (200) foot shoreline environment unless topography or
safety factors would make it unfeasible.
12. Over water crossings of utilities shall be prohibited unless attached to a bridge
structure.
13. Where practical, utilities should consolidate permit applications in situations where
multiple permits from individual utilities are required.
14. Accessory utility facilities, such as those typical and normal to support and serve a
permitted shoreline use, shall be a permitted use in all environments. This will
typically consist of distribution lines and individual service lines. Such utility
facilities may be new or may be relocated facilities associated with, by way of
example, a road improvement project.
15. Storm water management facilities, limited to detention / retention / treatment
ponds, media filtration facilities, and lagoons or infiltration basins, within the
shoreline jurisdiction shall only be permitted when the following provisions are met:
a. Construction of the storm water facility does not displace or impact a critical
area;
b. There is no other feasible location for the storm water facility and the facility is
located, constructed, and maintained in a manner that minimizes adverse
effects to shoreline ecological functions;
Draft 4-40
DRAFT Auburn Shoreline Master
c. The storm water facility is designed to mimic and resemble natural wetlands
and meets applicable County or State storm water management standards
and the discharge water meets state water quality standards;
d. Low impact development approaches have been considered and
implemented to the maximum extent feasible.
16. Primary conveyance facilities, including storm water, wastewater, or water supply
pump stations; and storm water discharge facilities such as dispersion trenches,
level spreaders, and outfalls, may be located in the shoreline jurisdiction on a case
by case basis with a Shoreline Substantial Development Permit when the Director
of Planning, Building and Community determines that all of the following are met:
a. Due to topographic or other physical constraints there are no feasible
locations for these facilities outside the shoreline;
b. The discharge is sited in a manner that minimizes disturbance of soils and
vegetation.
c. The discharge outlet is designed to prevent erosion and promote infiltration.
17. Construction of stormwater facilities in the shorelines jurisdiction shall be timed to
avoid fish and wildlife migratory and spawning periods.
18. Proposal for all new storm water facilities shall include landscaping plans that
enhance the aesthetic quality of the shoreline, utilize native vegetation, and
provide for maintenance care until newly planted vegetation is established.
19. Development of stormwater facilities within the shoreline jurisdiction shall include
public access to the shoreline, trails systems, or other forms of recreation,
providing such uses will not unduly interfere with stormwater facility operations,
endanger public health, safety, and welfare, or create a significant and
disproportionate liability for the owner.
4-41 Draft
DRAFT Auburn Shoreline Master Program
Chapter 5. Shoreline Master Program Amendments
5.1.1 Purpose.
The purpose of this chapter is to set forth procedures when proposals are made to
adopt or amend the official controls of area-wide applicability which implement the
shoreline master program, i.e., the shoreline use regulations and maps made a part
thereof.
5.1.2 Amendments authorized.
The provisions of the shoreline master program use regulations or the shoreline
environment map may be amended as provided for in RCW 90.58.120 and 90.58.200
and Chapter 173-26 WAC.
5.1.3 Adoption required by the council.
Adoption of an amendment to the official controls shall be adopted by the city council by
ordinance after a public hearing and report by the planning commission.
5.1.4 Initiation of amendments.
The shoreline use regulations or map amendments thereto may be initiated by:
A. The adoption of a motion by the city council requesting the planning commission to
set a matter for hearing and recommendation.
B. The adoption of a motion by the planning commission.
C. Application of one or more owners of property affected by the proposal.
D. A department or agency of the city or governmental entity.
5.1.5 Applications required.
The dDirector shall prescribe the form(s) on which applications are made for
amendments to the master program use regulations and/or shoreline environment map.
Applications for amendments to the master program must satisfy the requirements of
the State Environmental Policy Act (Chapter 41.21 C RCW and Chapter 197-11 WAC).
5.1.6 Public hearing required by planning commission.
Whenever an amendment to the use regulations and/or shoreline environment map is
initiated under ACC XX, the Planning Commission shall hold at least one public
hearing thereon, and notice of such hearing shall be given.
5-1 Draft
DRAFT Auburn Shoreline Master
5.1.7 Burden of proof.
Proponents for shoreline environment map redesignations (i.e., amendments to the
shoreline environment designation map) shall bear the burden of proof for
demonstrating consistency with the shoreline environment criteria of the master
program, Chapter 173-26 WAC, and the goals and policies of the City of Auburn
Comprehensive Plan.
5.1.8 Public notice.
Notice shall be given pursuant to Chapter 173-26 WAC. Additional notice may be
employed at the discretion of the Director of Planning, Building, and Community.
5.1.9 City council.
The action by the Planning Commission on an amendment shall be considered advisory
to the council. Final and conclusive action on an amendment shall be taken only by the
council.
5.1.10 Transmittal to the Department of Ecology.
Subsequent to final action by the council adopting or amending the Shoreline Master
Program or official control, said Master Program, official control or amendment thereto
shall be submitted to the Department of Ecology for approval. No such Master Program,
official control or amendment there to shall become effective until approval by the
Department of Ecology is obtained.
Draft 5-2
DRAFT Auburn Shoreline Master
Chapter 6. Shoreline Management Administrative and
Permitting Procedures
6.1. Sections:
Adoption of shoreline management procedures.
The City of Auburn hereby adopts by reference the following sections or subsections of
Chapter 173-27, as amended, of the Washington Administrative Code ("WAC") entitled
Shoreline Management Permit and Enforcement Procedures.
WAC:
173-27-020 Purpose
173-27-030 Definitions
173-27-040 Developments exempt from substantial development permit requirement
173-27-060 Applicability of Chapter 90.58 RCW to federal land and agencies
173-27-090 Time requirements of permit
174 77 100 Reyisip"s to permits
173-27-120 Special procedure for limited utility extensions and bulkheads
173-27-130 Filing with department
173-27-140 Review criteria for all development
1:73 27 1 i0 ReV18W nriteri fpr sub f Rtial deVelepment permits
r r
1:73 27 160 ReyieW nriteria fer nenrtitipn'l use permit
173-27 470 R8VieW nriteria fer i?rienne permits
173-27-180 Application requirements for substantial development, conditional use or
variance permit
173-27-190 Permits for substantial development, conditional use or variance
173-27-210 Minimum standards for conditional use and variance permits
173-27-240 Authority and purpose
173-27-250 Definitions
173-27-260 Policy
6-1 Draft
DRAFT Auburn Shoreline Master Program
173-27-270 Order to cease and desist
173-27-280 civil penalty
173-27-290 Appeal of civil penalty
173-27-300 Criminal penalty
173-27-310 Oil or natural gas exploration
6.2. Permit processing.
Permits for shoreline permits shall be processed in accordance with ACC Title 14,
Project Review.
6.3. Shoreline Substantial Development permit review criteria
A substantial development permit shall be granted by the Hearing Examiner only when
the development proposed is consistent with the following:
A. Goals policies and use regulations of the SMP;
B. Auburn Comprehensive Plan and City Code;
C The policies guidelines and regulations of the Shoreline Management Act;
The Director and Hearing Examiner may attach conditions to the approval of permits as
necessary to assure consistency of the proposal with the above criteria. The burden of
proving that the proposed substantial development is consistent with the criteria shall be
on the applicant.
6.4. Shoreline Conditional Use Permit review criteria
The criteria below shall constitute the minimum criteria for review and approval of a
conditional use permit Uses classified as conditional uses not uses prohibited by the
regulations of this SMP may be authorized provided that the applicant can demonstrate
all of the following:
A That the proposed use will be consistent with the policies of RCW 90.58.020,
Legislative Findings the policies of this SMP the City of Auburn Comprehensive
Plan and other applicable plans programs and/or regulations,
B That the proposed use will not interfere with the normal public use of public
shorelines;
C That the proposed use of the site and design of the project is compatible with
other authorized uses within the area and with uses planned for the area under
the Comprehensive Plan and Shoreline Master Program.
Draft 6-2
DRAFT Auburn Shoreline Master
D That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located;
E That the public interest suffers no substantial detrimental effect;
F That consideration of cumulative impacts resulting from the proposed use has
occurred and it has been demonstrated that no substantial cumulative impacts
are anticipated consistent with WAC 173-27-160 Review Criteria for Conditional
Use Permits.
The Hearing Examiner and City Council may attach conditions to the approval of
permits as necessary to assure consistency of the proposal with the above criteria.
6.5. Shoreline Variance Permit review criteria
The criteria below shall constitute the minimum criteria for review and approval of a
Shoreline Variance Permit. Variance permits for development that will be located
landward of the ordinary high water mark and/or upland of any wetland as defined in
RCW 90 58 030 (2)(h) Definitions and Concepts may be authorized provided the
applicant can demonstrate all of the following:
A That the strict application of the bulk dimensional or performance standards set
forth in the Master Program precludes, or significantly interferes with a
reasonable use of the property not otherwise prohibited by this SMP;
B That the hardship described above is specifically related to the property, and is
the result of unique conditions such as irregular lot shape, size, or natural
features and the application of the Master Program and not, for example, from
deed restrictions or the applicant's own actions;
C That the design of the project is compatible with other authorized uses within the
area and with uses planned for the area under the Comprehensive Plan and
Shoreline Master Program and will not cause adverse impacts to the shoreline
environment:
D That the variance will not constitute a grant of special privilege not enioved by the
other properties in the area;
E That the variance requested is the minimum necessary to afford relief: and
F That the public interest will suffer no substantial detrimental effect.
Variance permits for development and/or uses that will be located waterward of the
ordinary high water mark or within any wetland may be authorized provided the
applicant can demonstrate all the criteria stated above as well as the following:
A That the strict application of the bulk dimensional or performance standards set
forth in this SMP precludes all reasonable use of the property not otherwise
prohibited by this SMP; and
6-3 Draft
DRAFT Auburn Shoreline Master Program
B That the public rights of navigation and use of the shorelines will not be adversely
affected.
In the granting of all variance permits consideration shall be given to the cumulative
impact of additional requests for like actions in the area. For example if variances were
granted to other developments and/or uses in the area where similar circumstances
exist the total of the variances shall also remain consistent with the policies of RCW
90.58.020, Legislative Findings and shall not cause substantial adverse effects to the
shoreline environment Variances from the use regulations of the Master Program are
prohibited.
Permit Revisions
A permit revision is required whenever an applicant proposes substantive changes to
the design terms or conditions of a project from that which was approved in the permit.
When a revision of a permit is sought the applicant shall submit detailed plans and text
describing the proposed changes in the permit and demonstrating compliance with
minimum standards pursuant to WAC 173-27-100, Revisions to Permits.
If the proposed changes are determined by the Administrator to be within the scope and Formatte
intent of the original permit and are consistent with the SMA, the Guidelines, and this Font color
SMP, the revision shall be approved. Formatte
Font color
Draft 6-4
DRAFT Auburn Shoreline Master
Chapter f; Definitions
Interpretation,
Unless the GGRtext OR Wh!Gh a word is used GleaFly implies te the GGRtFaFy, the fGIIqWmRg
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DRAFT Auburn Shoreline Master Program
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Draft
DRAFT Auburn Shoreline Master
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E-3 Draft
DRAFT Auburn Shoreline Master
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Draft
DRAFT Auburn Shoreline Master
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E-5 Draft
DRAFT Auburn Shoreline Master
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Draft 6
DRAFT Auburn Shoreline Master
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E-7 Draft
DRAFT Auburn Shoreline Master Program
high wateF FnaFk aRd the peFimeteF ef a weVaRd. OR a state wide basis, RGrmal
9rdmRaFy high water MaFk.
"Selod waste di6pesal" is the dispersal ef garbage, refuse aRd selid waste mate
dphrl.q
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shall be aReRGIE)SUFe eF fadlityusedW Gapable ef being ursed feF feeding ImveGtGGk h ay-,
er etheF IwVeGtGGk feed, but shall ROt ORGIude land for- Ps GF
Formatte
Draft
DRAFT Auburn Shoreline Master
eXGeed a height ef thipty five feet abeve ayeFage gFade level aRd who Gh Fneet Fe6e
,
values;
existing hefere the aGtiVity;
E_g Draft
DRAFT Auburn Shoreline Master
m
ttFan?t e!eGtria peweF, wateI stor m -lraipage q p?_s iage re ala
m ed wat ei:71
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gp of the iptrip-ia pat e of the eperatiep Come examples of water
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Draft 10
DRAFT Auburn Shoreline Master
in ll
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Exhibit A.
Shoreline Environment Designation Maps
1. Overview Map (city-wide)
2. Green River 1
3. Green River 2
4. Green River 3
5. Green River 4
White River 1
7. White River 2
8. White River 3
9. White River 4
10. White River 5
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