HomeMy WebLinkAbout4544
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ORDINANCE NO. .. 5 .. ..
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING SECTION 16.06.030, WHICH IS CONTAINED IN
CHAPTER 16.06 OF THE AUBURN CITY CODE ENTITLED "ENVIRONMENTAL
REVIEW PROCEDURES" AND ADDING A NEW SECTION 16.06.065 TO
CHAPTER 16.06 TO MEET THE REQUIREMENTS OF THE GROWTH
MANAGEMENT ACT (36.70A RCW).
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WHEREAS, in order to meet the requirements c)f the Growth
Management Act, Engrossed Substitute House Bill No. 2929,
codified as Chapter 36.70A RCW, it is necessary to amend and
to make additions to the city's EnvironmEmtal Review
Procedures Ordinance No. 4351 to adopt regulations to preclude
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land uses or development that are incompatible ,dth critical
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areas and resource lands; and
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WHEREAS, the proposed Environmental Review Procedures
Ordinance amendments and additions were transmitted to the
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Auburn City Planning Commission in January, 1992, and after
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proper notice published in the City's official newspaper at
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least ten (10) days prior to the date of hearinçr, the Auburn
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City Planning commission conducted a public hearing on the
proposed amendments and additions on February 4, 1992; and
WHEREAS, at said hearing the Auburn City Planning
Commission conducted a public hearing; and considlered evidence
and exhibits regarding said proposed amendments and additions,
at the conclusion of which the Planning commission recommended
n______________..______________
Ordinance No. 4544
February 26, 1992
Page 1
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the approval of the Environmental Review Procedures Ordinance
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amendments and additions; and
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WHEREAS, at the hearing before the city Council on March
2, 1992, the Council heard public testimony and considered
evidence and exhibits regarding said proposed allllendments and
additions, at the conclusion of which the City Council
recommended approval of the amendments and additions to the
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Environmental Review Procedures Ordinance No. 4351.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CI~rY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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section 1. PURPOSE. The purpose of this ordinance is to
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amend Section 16.06.030 which is contained in Chapter 16.06 of
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the
"ENVIRONMENTAL REVIEW
Auburn
City
entitled
Code
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PROCEDURES" and to add a new Section 16.06. 06!5 to Chapter
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16.06 to adopt regulations to preclude land uses or
development that are incompatible with criticéll areas and
resource lands as defined in the Washington Administrative
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Code.
Section 2. AMENDMENTS. section 16.06.030 ()f the Auburn
City Code shall be amended as set forth in attached Exhibit
IIA".
Section 3.
NEW SECTION.
There is herE,by added to
Chapter 16.06 a new Section 16.06.065 as set forth in attached
Exhibit "B".
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Ordinance No. 4544
February 26, 1992
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Section 4. The Mayor is hereby authorized to implement
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such administrative procedures as may be necess;ary to carry
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Section 5.
out the directives of this legislation.
This Ordinance shall take effect and be in
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pUblication, as provided by law.
force five (5) days from and after its passage, approval and
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3·éJ,.·9~')....
j';2-9~~
c3 . d . 9,;)...
INTRODUCED:
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PASSED:
APPROVED:
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ATTEST:
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&v/i)u.jÁJ~
Robin Woh1hueter,
City Clerk
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APPROVED AS TO FORM:
st~~R~
City Attorney
Published: .3-9-7:;'"
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Ordinance No. 4544
February 26, 1992
Page 3
~
MAYOR
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EXHmIT"A"
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16.06.030
ADDmONAL DEFINmONS.
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In addition to those definitions contained within WAC 197-11-
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700 through 799, the fOllowing words and terms shall have the
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following meanings, unless the context indicates otherwise:
A. "Advisory body" means any body established by
ordinance of the city counl:::il, whose
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responsibilities include the review of development
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proposals for the purpose of making recommendations
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to the city council.
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B.
"Department" means any division, subdivision or
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organizational unit of the city established by
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ordinance, rules, or order.
C.
"Development" means the rezoning of property, the
subdivision of land, the construction c)f buildings,
or any physical alteration of the land which is
subject to city approval and to the re(~irements of
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SEPA.
D.
"Hearing Examiner" means the city hearing examiner
as established by Chapter 18.66.
E.
"Ordinance" means an ordinance, resolution, or other
procedure used by the city to adopt: regulatory
requirements.
______________________________._n__________
Ordinance No. 4544 Exhibit itA"
February 26, 1992
Pagel
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F.
"SEPA" means Chapter 43.21C Revised Code of
Washington (RCW).
"SEPA rules" means Chapter 197-11. Washington
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Administrative Code (WAC) adopted by the Department
of Ecology.
H.
"Aauifer recharae areas" means areas which recharae
aauifers that are a source of drinkina water
vulnerable to contamination that would affect the
notabilitv of the water. These areas include: sole
source
aauifer
areas
and
wellhead
recharae
nrotection areas desianated nursuant to the Federal
Safe Drinkina Water Act: areas established for
snecial
nrotection nursuant
to
a
aroundwater
manaaement nroaram as described bv RCW 90.44. 90.48.
and 90.54. and WAC 173-100 and 173-:!00: and anv
other area meetina the definition of 'areas with a
critical recharaina effect on aauife,rs used for
notable water' as described in WAC 36~¡-190 and the
Auburn Comnrehensive Plan.
1.
"Fish and wildlife habitat conservation areas" means
lands which are imnortant for the maiÍntenance of
fish and wildlife snecies in suitable habitats
within the natural aeoaranhic distribution of the
snecies.
These areas include:
areas with which
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Ordinance No. 4544 &hibit "A"
February 26, 1992
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endanaered. threatened. and sensitive snecies have a
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nrimarv association: habitats and snec:ies of local
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imnortance: waters of the state: waters nlanted with
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aame fish: and anv other area meetina the definition
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of 'fish and wildlife habitat conservation areas' as
described
in
and
the
Auburn
WAC
365-190
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Comnrehensive Plan.
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J.
"Freauentlv flooded areas" means li!nds in the
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f1oodn1ain subiect to a one cercent; or areater
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chance of floodina in anv aiven vear.
These areas
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include: streams. rivers. lakes. wetli!nds. and anv
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other area meetina the definition of 'freauentlv
flooded areas' as described in WAC 36!i-190 and the
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Auburn Comnrehensive Plan.
K.
"Geoloaicallv hazardous areas" means areas that
because of their suscentibilitv to erosion. slidina.
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earthauake. or other aeo1oaical events. are not
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sui ted to
or
sitina commercial.
residential.
industrial develonment consistent with cublic health
or safetv concerns. These areas include:
1.
Erosion hazard areas: areas identified bv
the USDA Soil Conservation Service as
havina a severe rill and inter-rill
erosion hazard:
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Ordinance No. 4544 Exhibit "A"
February 26, 1992
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2.
Landslide hazard areas: areas notentiallv
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subiect
a
landslides
to
based
on
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combination of aeoloaic. touoaranhic and
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hvdroloaic factors:
3.
Seismic hazard areas: areas subiect to
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severe risk or damaae as a result of
earthauake induced around shakina. slope
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failure. settlement. soil 1iauefaction. or
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surface faultina:
other aeoloaical hazard areas:
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areas
subiect to volcanic activit:v and areas
underlain bv. adiacent to. or affected bv
mine workinas: and.
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Anv other area meetina the definition of
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'aeoloaicallv
as
hazardous
areas'
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described in WAC 365-190 and the Auburn
Comprehensive Plan.
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"Wetlands" means those areas that are inundated or
saturated bv surface or aroundwater at. a freauencv
and duration sufficient to sunnort. and that under
normal circumstances do sunnort. a p,revalence of
veaetation tvnica11v adapted for life in saturated
soil conditions. Wetlands aenerallv inl::lude swamns.
marshes. boas and similar areas.
Wetlands do not
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Ordinance No. 4544 Exhibit "A"
February 26, 1992
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include those artificial wetlands intentional Iv
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created from nonwetland sites. includina. but not
limited to. irriaation and drainaae ditches. arass-
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lined
canals.
swales.
detention
facilities.
wastewater treatment facilities. farm ponds. and
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landscane amenities.
However. wetlands do include
those artificial wetlands intentionallv created from
nonwet1and areas created to mitiaate çonversion of
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wetlands. if nermitted and reauired bv the countv or
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citv.
Artificial wetlands created frc)m nonwetland
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areas
for
nUrDoses
wildlife
of
enhancement.
education. aesthetic. or similar reasc'ns. when not
part
of
Creauired)
mitiaation
a
comnensatorv
nroiect.
are not included within the wetland
definition.
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Ocdinance No. 4544 Exhibit ttAtt
February 26, 1992
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EXHIBIT "B"
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"NEW SECTION"
16.06.065
ENVIRONMENTALLY SENSITIVE AREAS.
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A.
The
following
the
environment
are
of
areas
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designated as environmentally sensitive areas pursuant to RCW
36.70A.060 and WAC 197-11-908:
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1. Aquifer recharge areas;
2. Fish and wildlife habitat conserva.tion areas;
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3. Frequently flooded areas;
4. Geologically hazardous areas; and,
5. Wetlands.
B. within each of these environmentally sensitive
areas, the responsible official shall implement: City codes,
ordinances, resolutions, plans and policies to conserve these
areas and to preclude land uses and development which cause
significant adverse impacts to these areas.
C. The City's "critical Area Maps" providE!S the general
location of environmentally sensitive areas wi1:hin the City
and is hereby adopted by this reference as if fully set forth
herein. site specific studies will be needed to' identify the
precise location and to assess the characteristics of the
environmentally sensitive area. Whenever there is evidence of
an environmentally sensitive areas located ~rithin or in
proximity to a non-exempt action, the responsiblE! official may
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Ordinance No. 4544 Exhibit "8"
Febrnary 26, 1992
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require site specific studies to determine the location and
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characteristics of the environmentally sensitive area, and
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potential mitigating measures.
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D.
Within environmentally sensitive areas, WAC 197-11-
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800 (6) (a): Minor land use decisions - short plat approval
is inapplicable.
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Ordinance No. 4544 Exhibit "8"
February 26, 1992
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