HomeMy WebLinkAbout10-28-2019 CITY COUNCIL STUDY SESSIONCity Council Study Session Finance,
Technology and Economic Dev elopment
Special Focus Area
October 28, 2019 - 5:30 P M
City Hall Council Chambers
A GE NDA
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I .C A L L TO O R D E R
A .Roll Call
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .YMC A Healthy K ids Campus Update (Hinman) (20 Minutes)
YMC A Healthy K ids Campus Update
B .Council Rules - 2019 Amendment (Gross) (20 Minutes)
P roposed Revisions to Council Rules
C.P otential A ssumption of Auburn Transportation Benefit District (Gaub) (10 Minutes)
D.Ordinance No. 6733 Shoreline Master P rogram (S MP) P eriodic Update and
A ssociated Updates to the Critical A reas Ordinance (C A O) (Tate) (15 Minutes)
I V.F I NA NC E, T E C HNO L O G Y A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
A .S olid Waste Contract P rocurement (T homas) (15 Minutes)
B .2019 A uburn Tourism Update (Hinman) (15 Minutes)
C.2019 Business I mprovement A rea Update (Hinman) (15 Minutes)
V.O T HE R D I S C US S I O N I T E MS
V I .NE W B US I NE S S
V I I .MAT R I X
A .Matrix
V I I I .A D J O UR NME NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 1 of 217
AGENDA BILL APPROVAL FORM
Agenda Subject:
YMCA Healthy Kids Campus Update (Hinman) (20 Minutes)
Date:
October 24, 2019
Department:
City Council
Attachments:
The Y Campaign for Kids and Families
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
A presentation from local YMCA stakeholders on the Auburn YMCA planned expansion
project.
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:October 28, 2019 Item Number:
Page 2 of 217
OPPORTUNITIES FOR ALL
BUILDING HEALTHIER
FAMILIES IN AUBURN
THE Y CAMPAIGN
FOR KIDS AND
COMMUNITIES
Page 3 of 217
OPPORTUNITIES FOR ALL: The Y Campaign for Kids
and Communities gives you the chance to improve the
lives of kids and families in the Auburn Valley.
Serving 22,000 people every year, the Auburn Valley Y provides opportunities for healthier lives, better
education for our community’s kids, and stronger families. Yet, we are held back by our own success. So many of
our neighbors recognize the immense benefits the Y provides, that our branch is bursting at the seams.
We know that with added space we can serve many more, but we need your help to do it. Together, we will
create a Healthy Kids Campus—a much larger, more complete, inclusive, and dynamic place for families to come
together, to provide improved and enriched experiences for each and every one of the kids, adults, and families
we already serve today, and more than 5,000 new members and program participants.
PROJECT HIGHLIGHTS
• Indoor activity museum and covered family playground with
interactive, hands-on exhibits to encourage active play
• Improved outdoor camp space, with low-ropes course,
amphitheater, and group programs
• Outdoor fitness space to provide more wellness and fitness
programs
Page 4 of 217
As a local organization supported by the local community, we are driven by
volunteers and staff who are deeply committed to listening and responding to
local needs. No other single organization in Auburn or south King County can more
effectively or comprehensively address local community challenges.
More than half of all elementary students don’t get enough exercise, and one out of
five adults are obese. Auburn needs more opportunities for outdoor family activities
and access to outdoor play spaces. The Y provides a welcoming place for people of
all ages and abilities who want to be healthy, active, educated, and engaged with
each other. By investing in the future of your Y, you will:
Expand indoor recreation space for families to play and learn together
Our Y is the go-to space for youth and families on Saturday mornings, after school,
and throughout the year. Expanding our indoor recreation space will allow the
Auburn Valley Y to offer more classes and programs, as well as open recreational
space for all ages, and incorporate a Healthy Kids Campus—an interactive, hands-on
activity area for youth to enhance their minds and bodies through play.
Expanded outdoor spaces for everyone to enjoy year-round
Limited sunny weather in the Pacific Northwest can make it hard for many families
to enjoy the great outdoors. By expanding our outdoor spaces, our Y can ensure
everyone can enjoy the outdoors, rain or shine, with covered outdoor play areas, and
expanded use of our 17-acre property.
Create a state-of-the-art day camp
The Y’s overnight camps offer a transformational experience for kids, but many
in our community are unable to attend due to financial, cultural or transportation
barriers. By building a new day camp space including an amphitheater, low ropes
course, and group program center, we can bring the resident camp experience closer
to home and provide life-changing experiences to 150 more youth each day in the
summer and extend year round outdoor family programing.
Provide more financial assistance and programs so everyone has a
chance to belong at the Y
Three out of five students at nearby elementary schools qualify for free or reduced
lunch, and four out of five Auburn Valley Y members rely on financial assistance
to enjoy the benefits of the Y. With your support, everyone in the community,
regardless of income can enjoy our expanded Y, including newcomers, young families,
retirees and everyone in between. We’ll also expand critical services and programs,
including free meals for kids and families, support for young people experiencing
homelessness, and expanded education programs for students of all ages.
The Auburn Valley Y is fulfilling needs
that no other organization can fulfill.
Half
Half the county’s children
fail to get enough physical activity
each day to stay healthy.
1 in 10
Obesity affects one in
every five King County adults
and one in 10 kids.
3 in 5
Three in every five kids at nearby
elementary schools qualify for free or
reduced lunch.
Page 5 of 217
Eileen’s Story: My family is a Y family.
As Eileen’s family grew, the Y was a place of support, fun, and
fitness. She loved to come to the Y because of the family-friendly
atmosphere, and it gave her a place to focus on herself and her
health.
But the financial struggles of raising a large family, combined
with her husband’s hours being reduced at work, eventually
forced Eileen to cancel her membership. Eileen started battling
depression, and felt isolated without her support network of
fellow Y members and staff. But the Y was there for her.
Thanks to a donor-funded scholarship, the Y welcomed Eileen
and her family with open arms. When Eileen finished the
paperwork to restart her family membership, she was overwhelmed with emotion.
“I went out to my car and cried because I was so happy to be back at the Y,” Eileen says. “It
truly is my happy place. I know everyone at the Y is here to encourage and support me. The Y
has helped my family become stronger, happier, and healthier.”
Let’s make Auburn a vibrant place of opportunity for all.
Support the campaign to create a Healthy Kids Campus.
Thanks to our community’s generosity, our branch is located on 17 acres, with space to expand. We have a vision
to create a more robust Auburn Valley Y that will serve more people with better programming and an even stronger
commitment to our community’s future. Now all we need is you.
Opportunities for All: The Y Campaign for Kids and
Communities will raise $3 million to transform the Auburn Valley
Y into a hub of school success, leadership development, healthy
living, and social responsibility for decades to come. By investing
in the future of our community, together we will create a healthy
community hub to serve Auburn Valley kids and families for
generations to come.
To learn more, contact:
Jason Berry Laura Johnson
Executive Director Director of Philanthropy
jberry@seattleymca.org laurajohnson@seattleymca.org
253 833 2770 206 382 4364
Page 6 of 217
AGENDA BILL APPROVAL FORM
Agenda Subject:
Council Rules - 2019 Amendment (Gross) (20 Minutes)
Date:
October 15, 2019
Department:
City Attorney
Attachments:
Proposed Council Rules (with changes shown)
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Council to: a) finish discussion of "parking lot" items from September 30, 2019 meeting and,
b) if ready, direct staff to bring the revised rules to a regular meeting for approval.
Background Summary:
At the September 30, 2019 Study Session, Council discussed several proposed revisions.
Council left three items for future discussion.
A. Rule 12.1 Timing of election of Deputy Mayor. Option 1: before the end of the year (or
between 60 days before, and the last meeting of the year). Option 2: At the first meeting of
the new year.
B. Rules 3.1N and 3.1O currently have the City Attorney read the titles of ordinance and
resolutions. There is no legal requirement for titles to be read. Staff's proposed change
leaves the reading of the title optional. The presiding officer, or the CM making a motion may,
but is not required to, read the title. Any CM may ask that the title or full legislation be read, but
the Council as a whole can vote for either to not be read.
C. Rule 10.2, regarding public comment. Staff has proposed language that makes this rule
consistent with case law that says comments must create an "actual disruption."
Additionally, Council tentatively approved the following changes:
Page 7 of 217
1. Clean up and "de-gender" the rules.
2. Rule 1. The Deputy Mayor will coordinate a review of the rules at least once every calendar
year.
3. Rule 4.1, Absences. In order for a Councilmember (CM) who will be absent to have the
absence excused, the CM should notify the Mayor and Clerk, with a copy to the Deputy
Mayor. If the day of the meeting, a phone call is sufficient. Otherwise, email notice is required.
4. Rule 5.1. For regular meetings, if the Mayor and Deputy Mayor are absent the Senior CM
will preside. For study session, the order goes Deputy Mayor, then Special Focus Area Chair,
then Senior CM.
5.Rule 5.2 City Attorney remains parliamentarian. However, the presiding officer rules on
questions of order subject to review by the Council.
6. Rule 6.4. Requires CMs to participate in training, including orientation. Current rules make it
a suggestion.
7. Rule 8.4. Clarifies that motions should be made in the affirmative, i.e., moving to approve
vs. moving to to reject or deny.
8. Section 9, footnote - Deleted language prohibiting voting in study sessions. Clarified in
another section that Council cannot take substantive action, but can vote to request
information, ask that something be put on the agenda, etc...
9. Rule 9.1, Voting. An abstention will count as a "no" vote, as opposed to the current rule that
it is a vote with the "prevailing side."
10. Rule 16.1.E.7 Clarifies process for getting subjects onto the Matrix.
Rev iewed by Council Committees:
Page 8 of 217
Councilmember:Peloza Staff:Gross
Meeting Date:October 28, 2019 Item Number:
Page 9 of 217
Page 1
Draft date 10.11.19
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
TABLE OF CONTENTS
SECTION 1 AUTHORITY 1
SECTION 2 COUNCIL MEETINGS 1
SECTION 3 ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA 4
SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 109
SECTION 5 PRESIDING OFFICER - DUTIES 10
SECTION 6 COUNCILMEMBERS 11
SECTION 7 DEBATES 1312
SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 1413
SECTION 9 VOTING 1615
SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 1715
SECTION 11 PUBLIC HEARINGS AND APPEALS 1816
SECTION 12 DEPUTY MAYOR SELECTION PROCESS 1917
SECTION 13 COUNCIL POSITION VACANCY 2321
SECTION 14 COUNCIL MEETING STAFFING 2421
SECTION 15 COUNCIL RELATIONS WITH STAFF 2422
SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY
BOARDS 2523
SECTION 17 COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 3229
SECTION 18 TRAVEL AUTHORIZATION 33
SECTION 19 CONFIDENTIALITY 34
SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 34
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
SECTION 1 - AUTHORITY
The Auburn City Council hereby establishes the following rules for the conduct of Council
meetings, proceedings and business. These rules shall be in effect upon adoption by
resolution of Council and until such time as they are amended or new rules are adopted
in the manner provided by these rules. The Deputy Mayor will coordinate a review of
these rules at least once every calendar year.
SECTION 2 - COUNCIL MEETINGS
All meetings of the City Council shall be open to the public and all persons shall be
permitted to attend any meeting of this body, except as provided in RCW Chapter 42.30.
Page 10 of 217
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Draft date 10.11.19
The City Clerk1 shall be is responsible for preparing agendas for all City Council meetings
pursuant to the authority of Section 2.03.100 of the City Code2.
The City Clerk shall cause to be prepared is responsible for preparing action minutes of
all of the Council meetings, which minutes shall that contain an account of all official
actions of the Council. Council meetings shall be electronically recorded and retained for
the period of time as provided by State law.
2.1 Regular Meetings - In accordance with Sections 2.06.010(A) and 2.06.020 of the
City Code, the rRegular meetings of the City Council shall be held on the first and
third Mondays of every month in the City Hall Council Chambers located at 25
West Main Street, Auburn, Washington3. The regular meeting location may be
changed by a majority vote of the City Council.
Regular Council meetings will begin at the hour of 7:00 p.m.
Four or more Councilmembers will constitute aA quorum shall constitute four or
more Councilmembers for the transaction of business.
In the event that If a scheduled Regular Council meeting falls on a legal holiday,
the meeting shall be held at 7:00 p.m. on the first business day following the
holiday.
The Presiding Officer shall be as set forth in Section 5.1 herein.
The Mayor, as presiding officer, shall be seated at the center of the dais, and the
Deputy Mayor shall be seated to the presiding officer’s immediate left. When the
Deputy Mayor is acting as the presiding officer, in the absence of the Mayor, the
Deputy Mayor shall be seated in the center of the dais. The seating arrangement
for the other members of the Council shall be as directed by the City Council
pursuant toby a motion duly made and seconded and approved by a majority of
the City Council, following the recommendation of an ad hoc committee of three
Councilmembers called for that purpose. The seating arrangement will be decided
once every calendar year.
1The City Clerk may delegate any of the duties in these Rules to staff.
2 2.03.100 Meeting coordination duties.
The mayor or the mayor's designee shall be responsible for the preparation of agendas for the
meetings of the council and of the various boards, commissions and committees of the city, and for including
in those agendas the items and issues forwarded by the city council and/or or by the ad hoc committees
designated to act on behalf of the city council, and for including in those agendas the items and issues
proposed by the mayor and city administration, for consideration by the council. The mayor or the mayor's
designee shall also be responsible for publishing notices for meetings and for public hearings for the
meetings of the council and the various boards, commissions and committees of the city, and for setting
the dates and times for said public hearings, except in those instances when setting dates and times for
public hearings is required by statute to be done through council resolution. (Ord. 6405 § 1, 2012; Ord.
5761 § 1, 2003.)
3ACC 2.06.010(A), 2.06.020
Commented [SG1]: In 2.3
Commented [SG2]: Covered in 5.1
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Draft date 10.11.19
[See ACC 2.06.010 (Ord. 3916 § 1, 1983; 1957 code § 1.04.010); ACC 2.06.020 (Ord.
3759 § 1, 1982; 1957 code § 1.04.020); ACC 2.06.030 (1957 code § 1.04.060); ACC
2.06.080 (1957 code § 1.04.090).]
2.2 Study Sessions - In accordance with Sections 2.06.010(B) and 2.06.020 of the
City Code, Study Sessions of the City Council shall be held on the second, fourth
and fifth Mondays of every month in the City Hall Council Chambers located at 25
West Main Street, Auburn, Washington4. The regular meeting location of Study
Sessions may be changed by a majority vote of the City Council. Study Sessions
shall be subject to the following:
A. The Deputy Mayor shall preside over Study Sessions, other thanexcept for
the Special Focus Areas those portions thereof of the Study Sessionfor
which Special Focus Areas are scheduled (as described herein below).
C. Study Sessions will begin at the hour of 5:30 p.m.
E.A. A quorum shall constitute Ffour or more Councilmembers will constitute a
quorum for the transaction of business.
F.B. In the event that If a scheduled Study Session falls on a legal holiday, the
meeting shall be held at 5:30 p.m. on the first business day following the
holiday.
G.C. No particular seating arrangement shall be required for the Deputy Mayor
or other members of the Council, or for the Mayor or any other persons
invited to sit at the table of Study Sessions.
2.3 Regular Meeting Times:5
The regularly scheduled meetings of the City Council shall be held at the following times,
unless re-scheduled and/or reset to different times:
First Monday of the month - Regular Council Meeting - - 7:00 PM
Second Monday of the month - Council Study Session - - 5:30 PM
Third Monday of the month - Regular Council Meeting - - 7:00 PM.
Fourth Monday of the month - Council Study Session - - 5:30 PM
Fifth Monday of the month - Council Study Session - - 5:30 PM.
4 ACC 2.06.010(B), 2.06.020
5 Any of these regularly scheduled meetings may be cancelled if not needed.
Commented [SG3]: Moved to Section 5
Commented [SG4]: In 2.3
Commented [KC5]: Covered in Sections 2.1 and 2.2 above.
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Draft date 10.11.19
2.43 Special Meetings - In accordance with Section 2.06.040 of the City Code and
Section 35A.12.110 RCW, aA special meeting of the City Council may be called
by the Mayor or any three members of the Council by written notice delivered to
each member of the Council at least 24 hours before the time specified for the
proposed meeting. ; provided, however, that nNo ordinance or resolution shall be
passed, or contract let or entered into, or bill for the payment of money allowed, at
any special meeting unless public notice of such that meeting has been given by
such notice to the local press, radio and television as will bethat is reasonably
calculated to inform the city's inhabitants of the meeting6.
[See ACC 2.06.040 (1957 code § 1.04.070).]
2.54 Emergency Meetings - Emergency meetings may be called by the Mayor , in
accordance with Section 42.30.070 RCW, when by reason of fire, flood,
earthquake, or other in case of an emergency, there is a need for expedited action
by the City Council to meet the emergency, . in which case, the mMeeting site
notice requirements otherwise applicable shall do not apply.
2.65 Closed or Executive Sessions - A Council meeting that is closed to the
public.except to the Council, the Mayor, City Attorney and authorized staff
members and/or consultants may attendauthorized by the Mayor. The public is
restricted from attendance.
Closed and Executive sessions may be held during Regular and Special meetings
of the City Council, and will be announced by the presiding officer. Closed and
Executive session subjects are limited to considering such those matters as
permitted by State law7.
[See former ACC 2.06.070 (1957 code § 1.04.080).]
2.76 Cancellation of Meetings - Meetings may be canceled by the Mayor with the
concurrence of the Deputy Mayor or, in the absence of either, by the Mayor or the
Deputy Mayor, or by a majority vote of the City Council, and proper notice given
by the City Clerk.
SECTION 3 - ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA
All items to be included on the Council’s agenda for consideration should be submitted to
the City Clerk, in full by 12:00 Noon on the Tuesday preceding each regular Council
meeting. The City Clerk shall then prepare a proposed agenda according to the order of
business, for approval by the Mayor, or his/hertheir designee. A final agenda will then be
prepared by the City Clerk and distributed to Councilmembers as the official agenda for
the meeting.
6 ACC 2.06.040; RCW 35A.12.110
7 RCW 42.30.110(1), 42.30.140
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Draft date 10.11.19
3.1 The agenda format of the Regular City Council meeting shall be as follows:
A. Call to order.
The Mayor shall call the meeting to order.
B. Pledge of Allegiance.
The Mayor, Councilmembers and, at times, invited guests will lead the
Pledge of Allegiance.
C. Roll call.
The City Clerk will call the roll. Councilmembers may request to be excused
from a meeting by requesting the same of the Mayor or City Clerk in
advance of the meeting. The reason for the request shall be given at the
time of the request.
D. Announcements, Proclamations and Presentations
A proclamation is defined as an official announcement made by the Mayor
or the City Council regarding a non-controversial event, activity or special
interest group which has a major city-wide impact.
E. Appointments
Appointing individuals to various committees, boards and commissions.
Confirmation of appointments, where confirmation is called for, may be
preceded by discussion in executive session, where appropriate.
F. Agenda modifications
Changes to the Council’s published agenda are announced at this time.
G. Public Hearings and Appeals
Individuals may comment on public hearing and appeal items. However,
provided that when if an appeal is a closed- record appeal, the matter shall
be considered only based on information, evidence and documents in the
record. Argument on the appeal shall refer only to matters, information,
documents and evidence presented at the underlying hearing from which
the appeal is taken, and no new information, evidence or documents may
be added, and argument on the appeal may only deal with information,
evidence and documents in the record. The presiding officer will state the
public hearing and/or appeal procedures before each hearing.
Commented [SG6]: Moved to 4.1
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Draft date 10.11.19
H. Audience Participation
Members of the audience may comment on items relating to any matter
related to City business under the Audience Participation period. Comments
are limited to three (3) minutes per person, and a total of fifteen (15) minutes
per topic. Groups who have a designated speaker may have a total of ten
(10) minutes to speak. Public comments sign-up forms will be available at
the City Clerk’s desk at each meeting for use of those citizens wishing to
address the Council. The City Clerk shall serve as timekeeper. The
presiding officer may make exceptions to the audience participation time
restrictions when warranted, in the discretion of the presiding officer.
Citizens Members of the audience may also speak on individual agenda
items on the printed agenda at the time they are considered by the Council
as requested by the presiding officer.
I. Correspondence
J Council Ad Hoc Committee Reports
Council ad hoc Committee Chairs may report on the status of their ad hoc
Council Committees’ progress on assigned tasks and may give their
recommendations to the City Council, if any.
K. Consent Agenda
Approval of the Consent Agenda, including items considered to be routine
and non-controversial, may be approved by one motion. Items on the
Consent Agenda include but are not limited to the following. Any
Councilmember may remove any item from the Consent Agenda for
separate discussion and action.
1. Approval of minutes.
2. Fixing dates for public hearings and appeals.
3. Approval of claims and vouchers, bid awards and contracts.
4. Approval of surplus property.
5. Other items designated by the City Council.
L. Unfinished Business
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Unfinished business of a general nature that was considered by Council at
a previous business meeting and that it was removed from the Consent
Agenda for separate discussion and action.
M. New Business
Business, other than ordinances and resolutions, that has not been
previously before the City Council and items that are removed from the
Consent Agenda for separate discussion and action.
N. Ordinances
1. All ordinances shall be in writing. , and the tTitles thereof shall may
be read aloud by the City Attorney prior to before the ordinance is a
voted being called on their adoption, on. provided that aAny
councilmember may upon request, have a full reading of the text of
a proposed ordinance prior to before the vote on its adoption. It shall
not require a second to tThe request for a full reading of an ordinance
does not need to be voted on. It is further provided, hHowever, that
the requirement request for a reading of the title of the proposed
ordinance, or a full reading of the text of the proposed ordinance may
be waived upon a motion duly made, seconded and approved by a
majority of the councilmembers in attendance at the council meeting.
2. Prior to Before any ordinance being is considered for adoption by
the City Council, the ordinance shall be included on a Study Session
agenda, for review and discussion as provided in Section 16.1 (C)(5);
. Provided, however, that if tCouncil may waive this rulehe Mayor
believes that special, emergency or exigent circumstances exist
regarding the to need consider adoption of an ordinance without the
ordinance having been placed on a Study Session agenda, the
Mayor may place the ordinance on a Regular or Special City Council
Meeting agenda with a request that the City Council consider
adoption of the ordinance at such Regular or Special Meeting of the
City Council. If there is not agreement among members of the City
Council as to whether the ordinance should be considered for
adoption at the Regular or Special Meeting of the City Council, the
matter shall be presented for a separate vote at the Regular or
Special City Council Meeting, and decided by majority vote of the
members of the City Council at said meeting.
a. If a majority of the City Council members vote in favor of
considering adoption of the ordinance, the consideration of
the adoption of the ordinance shall be the next matter before
the City Council.
Commented [SG7]: Note: This item is in the parking lot. The
highlighted text is CA’s suggested language
Page 16 of 217
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Draft date 10.11.19
b. If a majority of the City Council votes in favor of reviewing and
discussing the ordinance at a Study Session prior to voting on
its adoption, the ordinance shall be placed on an upcoming
Study Session agenda for review and discussion.
2. .
After a motion to adopt an ordinance has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief
description of the issues involved with the ordinance, without simply
repeating the ordinance title, as read by the City Attorney and may choose
to comment on any results of Council discussion or action regarding the
issue.
Discussion and debate by the City Council on ordinances will be held prior
to before the vote on an ordinance. Councilmembers shall decide whether
or not tomay approve, reject, or amend the ordinance, or postpone the
action and direct staff to further review the proposed ordinance.
An ordinance shall be adopted by a majority vote of the City Council, shall
require the affirmative vote of at least a majority of the whole membership
of the Council. , and pProvided, that public emergency ordinances require
a vote of a majority plus one of the whole Council membership. A public
emergency ordinance is one designated to protect public health and safety,
public property, or public peace.
O. Resolutions
All resolutions shall be in writing. , and the tTitles thereof shall may be read
aloud by the City Attorney prior to before the resolution is a voted being on.
called on their passage, provided that aAny councilmember may upon
request, have a full reading of the text of a proposed resolution prior to the
vote on its passage. It shall not require a second to the request for a full
reading of a resolution. The request for a full reading of a resolution does
not need to be voted on. It is further provided, hHowever, that the
requirement request for a reading of the title of the proposed resolution, or
a full reading of the text of the proposed resolution may be waived upon a
motion duly made, seconded and approved by a majority of the
councilmembers in attendance at the council meeting.
After a motion to pass a resolution has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief
description of the issues involved with the resolution without simply
repeating the resolution title as read by the City Attorney, and the
councilmember may choose to comment on any results of Council
discussion or action regarding the issue.
Commented [SG8]: Parking Lot item. CA proposed language
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Draft date 10.11.19
Discussion and debate by the City Council on resolutions will be held prior
to before the vote on a resolution. Councilmembers shall decide whether
or not to amend the resolution, or direct staff to further review the
proposed resolution.
A resolution shall be passed by a majority vote of a quorum of the Council,
provided that passage of any resolution for the payment of money or that
grants or revokes a franchise or license, shall require the affirmative vote of
at least a majority of the whole membership of the Council.
P. Mayor and Councilmember Reports
The Mayor and Councilmembers may report on their significant City-related
activities since the last regular meeting. The Mayor and Councilmembers
shall limit their reports to not more than three (3) minutes, with sensitivity to
avoiding duplicate reporting.
Q. Adjournment
3.3. Recess - The foregoing agenda may be interrupted for a stated time as called by
the presiding officer to recess for any reason, including closed or executive
sessions.
3.4 Amendment to Agenda - The sequence of handling items on the agenda of a
particular Regular Council Meeting may be amended from order listed on the
printed/approved agenda as follows:
A. Motion to Suspend the Rules. Any member of the City Council may move
to suspend the rules so as to provide that allow an item on the agenda may
be to be considered taken out of order - considered at a different order or
placement in the agenda. Such motion shall require a second, and upon
approval by a majority of Councilmembers in attendance at the meeting, the
item shall be considered at the point in the agenda as indicated in the
approved motion.
B. Adjustment of Agenda by MayorPresiding Officer. If the Mayor, as tThe
presiding officialofficer, determines that an item on the agenda of a Regular
Council Meeting should be taken out of order - considered at a different
order or placement in the agenda.as set forth in the agenda - to
accommodate members of the City Council or others at the Council
Meeting, the Mayor may call for the amendment of the agenda to
accomplish such adjustment. Such action by the Mayor does not require a
motion or vote by the City Council; provided that if the City Council does not
wish to have the item moved - agenda adjusted - as directed by the Mayor,
the City Council may, by motion duly made, seconded and approved by a
majority of Councilmembers in attendance at the meeting keep the agenda
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unchangedadjust the order of items on the agenda, subject to being
overruled by vote of the Council.
[See former ACC 2.06.110 (Ord. 5687 § 1, 2002; Ord. 4166 § 2, 1986); ACC 2.06.120
(1957 code § 1.04.120.); ACC 2.06.140 (1957 code § 1.04.140.); ACC 2.06.170 (1957
code § 1.04.190.); ACC 2.06.180 (Ord. 5635 § 2, 2002; 1957 code § 1.04.200).]
SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS
4.14.1 Councilmembers shall attend Regular Councilall scheduled meetings,
including committee meetings and Study Sessions. Councilmembers shall
inform the Mayor or the City Clerk if they are unable to attend any Regular
Council meeting or Study Session, or if they knowingly will be late to any
such meetings, or unable to stay for the entire meeting. Councilmembers
shall inform the Chair of the committee and the City Clerk if they are unable
to attend a committee meeting.
A Councilmember will be excused from a meeting if they have submitted a
request to the Mayor or City Clerk in advance of the meeting. Written
requests should be submitted whenever possible, by email. If the request is
made the day of the meeting, it may be made by telephone or in person.
The reason for the request shall be given at the time of the request. If a
Councilmember has informed the Mayor or City Clerk that he or she is
unable to attend such meeting, the minutes for that meeting will show the
Councilmember as having an excused absence for that meeting. Provided
that eExcessive, continued or prolonged absences may be addressed by
the City Council on a case- by- case basis.
Additionally, Councilmembers shall notify the Deputy Mayor of anticipated
absences.
[See ACC 2.06.050 and RCW 35A.12.060]
4.2 Councilmembers are expected to attend the meetings of the Ad Hoc Council
Committees to which they are assigned. Councilmembers should inform the Chair
of such Ad Hoc Council Committees or the City Clerk if they are unable to attend
any meetings of such Ad Hoc Council Committees, and should inform the Chair or
City Clerk if they expect to be late to any such Ad Hoc Council Committee meeting
or unable to stay for the entire meeting. If a Councilmember has informed the Chair
or City Clerk that he or she is unable to attend such Ad Hoc Committee meeting,
the minutes for that meeting, if minutes are required and/or taken, shall show the
Councilmember as having an excused absence for that meeting. Provided that
excessive, continued or prolonged absences may be addressed by the City
Council on a case by case basis.
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4.3 Councilmembers shall attend the Special Meetings of the City Council.
Councilmembers, shall inform the Mayor or the City Clerk if they are unable to
attend any such meetings, or shall so inform the Mayor or City Clerk if they expect
to be late to any such Special meeting or unable to stay for the entire meeting. If
a Councilmember has informed the Mayor or City Clerk that he or she is unable to
attend such Special meeting, the minutes for that meeting shall show the
Councilmember as having an excused absence for that meeting. Provided that
excessive, continued or prolonged absences may be addressed by the City
Council on a case by case basis.
4.24 Attendance at Ad Hoc Council Committee meetings and Special meetings will not
be considered “regular meetings” for the purposes of RCW 35A.12.060, applicable
to Regular City Council meetings. However, in addition to the application of RCW
35A.12.060 to Regular City Council meetings, unexcused absences from any
Regular or Special meetings, or Ad Hoc Committee meetings, shall constitute is a
violation of these Rules of Procedure.
4.5 At all meetings of the City Council, including but not limited to Regular Meetings,
Study Sessions and Ad Hoc Committee Meetings, Councilmembers shall refrain
from use of cell phones or other personal communication devices, and shall not
send or receive and read e-mails, text messages, or any other social media
postings. Councilmembers shall also refrain from side conversations with other
individual Councilmembers. Councilmembers shall also refrain from inappropriate
or derogatory body language or any other actions that detract from the deportment
of the City Council.
SECTION 5 - PRESIDING OFFICER - DUTIES
5.1 Conduct of Meetings
A. The Mayor will preside over ing officer at all Regular and Special Meetings of
the Council. shall be the Mayor and in the absence of If the Mayor is absent, the
Deputy Mayor will act in that capacitypreside. If both the Mayor and Deputy Mayor
are absent and a quorum is present, the Senior the Council shall elect one of its
membersCouncilmember will to serve as the presideing officer until the return of
the Mayor or Deputy Mayor.
B. Additionally, tThe Deputy Mayor shall serve as the will preside over ing officer
for Council Study Sessions, other than those portions thereof for which Special
Focus Areas are scheduled (as described herein below). If the Deputy Mayor is
absent, the Special Focus Area Chair will preside. If both the Deputy Mayor and
the Special Focus Area Chair are absent, the Senior Councilmember will preside.
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It is further provided that, though not the presiding officer of Study Sessions, tThe
Mayor is encouraged to attend Study Sessions. 8
[See former ACC 2.06.090 (1957 code § 1.04.100).]
5.2 The Presiding Officer:
A. Shall preserve order and decorum at all meetings of the Council and cause
the removal of any person in the audience from any meeting who disrupts
the meeting after having been warned to cease the disruptive behavior;
B. Shall observe and enforce all rules adopted by the Council;
C. Shall decide all questions on order, in accordance with these rules, subject
to appeal by any Councilmember;
D. Shall recognize Councilmembers in the order in which they request the
floor, giving every councilmember who wishes an opportunity to speak,
provided that the mover of a motion shall be permitted to debate it first, and
provided that the presiding officer may also allow discussion of an issue
prior to the stating of a motion when such discussion would facilitate
wording of a motion;
E. May affix approximate time limits for each agenda item;
F. When matters on the agenda are placed, or are able to be placed under
more than one classification or category, as defined by the Order of
Business, and the matters involve or are closely related to other subject
matter, then the presiding officer may, in the presiding officer’s discretion,
present such matters before the Council, for discussion, consider and vote,
at a different place in the agenda without the necessity of any vote thereon,
notwithstanding their initial different placement on the written agenda.
[See former ACC 2.06.100 (1957 code § 1.04.170.); ACC 2.06.190 (1957 code §
1.04.210).]
SECTION 6 - COUNCILMEMBERS
8 For the purposes hereof, whenever the term “Mayor” or “Deputy Mayor” is used, it shall also include the
person who, in the absence thereof shall assume actions or responsibilities in place of the Mayor or Deputy
Mayor. When the term “presiding officer” is used, it shall refer to the person responsible for presiding over
the meeting in question.
Commented [SG9]: Moved to 7.1
Commented [SG10]: Covered in Section 3.4
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6.1 Remarks. - Councilmembers desiring who wish to speak shall address the
presiding officer, and when recognized, shall confine himself/herself themselves
to the question under debate.
6.2 Questioning. - Any member of the Council, including and the Mayor, shall have the
right to question any individual, including members of the staff, on matters
germane related to the issue properly before the Council for discussion. Under no
circumstances shall such questioning be conducted in a manner to the extent that
such would constitute a cross-examination of or an attempt to ridicule or degrade
the individual being interrogated.
6.3 Obligation to the Public Agency. - Notwithstanding the right of Councilmembers to
express their independent opinions and exercise their freedom of speech,
Councilmembers should act in a way that reflects positively on the reputation of
the City and of the community. Councilmembers shall also interact with other
members of the City Council and City staff in ways that promote effective local
government.
6.4 Council Training. - Councilmembers are expected toshall participate in training
offered by individuals, agencies, entities and organizations including but not limited
to the Association of Washington Cities and the State of Washington, so as to
afford the Councilmembers the opportunity to better understand their roles as City
Councilmembers. This includes initial orientation after taking office, and other
required or recommended training.
6.5 Participation in Committees, Agencies and Organizations. - To better represent the
interests of the City of Auburn, Councilmembers are encouraged to participate in
assignments to local, regional, state and national committees, agencies and
organizations.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 7 - DEBATES
7.1 Speaking to the Motion. - No member of the Council, including or the presiding
officer, shall speak more than twice on the same motion except by consent of the
presiding officer or a majority of the Councilmembers present at the time the
motion is before the Council. The Presiding Officer shall recognize
Councilmembers in the order in which they request the floor. The Councilmember
who made a motion shall be permitted to speak to it first. The presiding officer may
also allow discussion of an issue before stating a motion when such discussion
would facilitate wording of a motion
7.2 Interruption. - No member of the Council, or including the presiding officer, shall
interrupt or argue with any other member while such member has the floor, other
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than the presiding officer’s duty to preserve order during meetings as provided in
Section 5.2.A of these rules.
7.3 Courtesy. - All speakers, including mMembers of the Council, which includes
and the presiding officer, in the discussion, comments, or debate of any matter or
issue shall address their remarks to the presiding officer, be courteous in their
language and deportment, and shall not engage in or discuss or comment on
personalities, or indulge in derogatory remarks or insinuations in respect to any
other member of the Council, or any member of the staff or the public, but shall at
all times confine their remarks to those facts which are germane and relevant to
the question or matter under discussion.
7.4 Transgression. - If a member of the Council shall transgress these rules on
debates, the presiding officer shall call such member to order, in which case such
member shall be silent except to explain or continue in order. If the presiding officer
shall transgress these rules on debate or fail to call such member to order, any
other member of the Council may, under a point of order, call the presiding officer
or such other member to order, in which case the presiding officer or such member,
as the case may be, shall be silent except to explain or continue in order.
7.5 Challenge to Ruling. - Any member of the Council shall have the right to challenge
any action or ruling of the presiding officer, in which case the decision of the
majority of the members of the Council present shall govern.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS
8.1 Unless specifically provided differently hereinin these rules, all City Council
meeting discussions shall be governed by ROBERTS RULES OF ORDER,
NEWLY REVISED (latest edition).
8.2 If a motion does not receive a second, it dies. Matters that do not constitute a
motion (and for which no second is needed) include nominations, withdrawal of
motion by the person making the motion, request for a roll call vote, and point of
order or privilege; therefore a second is not needed.
8.3 A motion that receives a tie vote is deemed to have failedfails. , provided that
exceptExcept where prohibited by law, the Mayor, as presiding official, shall be
allowed to vote to break a tie vote.
8.4 When making mMotions shall be stated in the affirmative. For example, “I move to
approve” as opposed to “I move to reject.” , Councilmembers shall be clear and
concise and not include arguments for the motion within the motion.
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8.5 After a motion has been made and seconded, the Councilmembers may discuss
their opinions on the issue prior to the vote.
8.6 If any Councilmember wishes to abstain, from a vote on the a motion pursuant to
the provisions of Section 9 hereof, that Councilmember shall so advise the City
Council, and shall remove and absent himself/herself themselves from the
deliberations and considerations of the motion, and shall have no further
participation in the matter. The Councilmember should make this determination
Such advice shall be given prior to before any discussion or participation on the
subject matter or as soon thereafter as the Councilmember perceives identifies a
need to abstain.
, provided that, prior to the time that a A Councilmember gives advice of an intent
to abstain from an issue, the Councilmember shall may confer with the City
Attorney to determine if the basis for whether the Councilmember 's intended
abstention conforms to the requirements of Section 9is required to abstain. If the
intended abstention can be anticipated in advance, the conference with the City
Attorney should occur prior to the meeting at which the subject matter would be
coming before the City Council. If that cannot be done, the Councilmember should
advise the City Council that he/she has an "abstention question" that he/she would
want to review with the City Attorney, in which case, a brief recess would be
afforded the Councilmember for that purpose.
8.7 A motion to table is non-debatable and shall preclude all amendments or debates
of the issue under consideration. A motion to table is to be used in instances where
circumstances or situations arise which necessitate the immediate interruption of
the Councilmembers' consideration of the matter then before them. A motion to
table, if passed, shall cause the subject matter to be tabled until the interrupting
circumstances or situations have been resolved, or until a time certain, if specified
in the motion to table. To remove an item from the table in advance of the time
certain requires a two-thirds' majority vote.
8.8 A motion to postpone to a certain time is debatable, is amendable and may be
reconsidered at the same meeting. The question being postponed must be
considered at a later time at the same meeting, or to a time certain at a future
Regular or Special City Council meeting.
8.9 A motion to postpone indefinitely is debatable, is not amendable, and may be
reconsidered at the same meeting only if it received an affirmative vote.
8.10 A motion to call for the question shall close debate on the main motion and is not
debatable. This motion must receive a second and fails without a two-thirds' vote;
debate is reopened if the motion fails.
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8.11 A motion to amend is defined as amending a motion that is on the floor and has
been seconded, by inserting or adding, striking out, striking out and inserting, or
substituting.
8.12 Motions that cannot be amended include: Motion to adjourn, lay on the table
(table), roll call vote, point of order, reconsideration and take from the table.
8.13 Amendments are voted on first, then the main motion as amended (if the
amendment received an affirmative vote).
8.14 Debate of the motion only occurs after the motion has been moved and seconded.
8.15 The presiding officer, City Attorney or City Clerk should repeat the motion prior to
voting.
8.16 The City Clerk will take a roll call vote, if requested by the presiding officer, a
Councilmember, or as required by law.
8.17 When a question has been decided, any Councilmember who voted with the
prevailing side may move for reconsideration at the same, or the next meeting. In
order to afford Councilmembers who voted with the prevailing side the potential
basis for a motion for reconsideration, Councilmembers who voted with the
prevailing side may inquire of Councilmembers who voted with the minority as to
the reasons for their minority vote, if not stated during debate prior to the vote. A
motion for reconsideration is debatable if the motion being reconsidered was
debatable. If the motion being reconsidered was not debatable, the motion for
reconsideration is not debatable.
8.18 The City Attorney shall act as the Council’s parliamentarian and shall decide
advise the Presiding Officer on all questions of interpretations of these rules which
may arise at a Council meeting.
8.19 These rules may be amended, or new rules adopted, by a majority vote of the full
Council.
[See former ACC 2.06.160 (1957 code § 1.04.180.); ACC 2.06.170 (1957 code §
1.04.190.); ACC 2.06.200 (1957 code § 1.04.220.); ACC 2.06.210 (1957 code §
1.04.230).]
SECTION 9 - VOTING9
9 The City Council cannot vote on items during a Study Session. At a Study Session, the Deputy Mayor or
the Chair of a Special Focus Area will look for “consensus.” For the purposes hereof and where consistent
with these Rules of Procedure, consensus shall mean a collective position of the City Council where a
majority of the members can support or “live with” (accept) the item or proposed discussion. Consensus of
the body will be gauged by the presiding officertake final.
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9.1 Voice vote - A generalized verbal indication by the Council as a whole of “yea or
nay” vote on a matter, the outcome of which vote shall be recorded in the official
minutes of the Council. Silence of a Councilmember during a voice vote shall be
recorded as a “no” vote with the prevailing side, except where such a
Councilmember abstains because of a stated conflict of interest or appearance of
fairness issue.
9.2 Roll call vote - A roll call vote may be requested by the presiding officer or by any
Councilmember.
9.3 Abstentions - It is the responsibility of each Councilmember to vote when
requested on a matter before the full Council. However, a A Councilmember may
only abstain from discussion and voting on a question because of a stated conflict
of interest or appearance of fairness.
9.4 Votes by Mayor - Except where prohibited by law, the Mayor, as presiding official,
shall be allowed to vote to break a tie vote.
[See former ACC 2.06.150 (1957 code § 1.04.150).]
SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL
10.1 Persons addressing the Council, who are not specifically scheduled on the
agenda, will be requested to step up to the podium, give their name and address
for the record, and limit their remarks to three (3) minutes, in addition to filling out
the speaker sign-in sheet available at the City Clerk’s desk. No person may
“donate” their time to another speaker. All remarks will be addressed to the Council
as a whole. The City Clerk shall serve as timekeeper. The presiding officer may
make exceptions to the time restrictions of persons addressing the Council when
warranted, in the discretion of the presiding officer.
10.2 Any person making personal, impertinent or slanderous remarks while addressing
the Council shall be barred from further audience participation by the presiding
officer, unless permission to continue is granted by a majority vote of the Council.
OPTION 1: Members of the public who actually disrupt the meeting, or threaten physical
violence may be ordered to leave; Alternatively, the meeting room may be cleared, or the
Council can adjourn the meeting and reconvene in a different place, without the presence
of the public but with the presence of the media.
Disruptions include but are not limited to the following:
a. Failure of a speaker to comply with the allotted time established for the individual
speaker's public comment;
Commented [SG11]: Parking Lot
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b. Outbursts from members of the public who have not been recognized by the presiding
officer for public comment;
c. Holding or placement of a banner or sign in the Council Chamber in a way that
endangers others or obstructs the free flow of pedestrians or the view of others attending
a meeting;
(adapted from Seattle)
OPTION 2: Other Prohibited Remarks. Any person who causes actual disruption by
making personal attacks, using hate speech, making slanderous remarks or other
disruptive conduct while addressing the Council shall be barred from further participation
by the Presiding Officer, unless permission to continue is granted by a majority vote of
Councilmembers present.
(adapted from Black Diamond)
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 11 - PUBLIC HEARINGS AND APPEALS
11.1 Quasi-judicial hearings require a decision be made by the Council using a certain
process, which may include a record of evidence considered and specific findings
made. The following procedure shall apply:
A. The Department Director of the department (most) affected by the subject
matter of the hearing, or said that Director’s designee, will present the City’s
position and findings. Staff will be available to respond to Council questions.
B. The proponent spokesperson shall speak first and be allowed (10) minutes.
Council may ask questions.
C. The opponent spokesperson shall be allowed ten (10) minutes for
presentation and Council may ask questions.
D. Each side shall then be allowed five (5) minutes for rebuttal, with the
proponent spokesperson speaking first, followed by the opponent
spokesperson.
E. The City Clerk shall serve as timekeeper during these hearings.
F. After each proponent and opponent spokesperson have used their
speaking time, Council may ask further questions of the speakers, who shall
be entitled to respond but limit their response to the question asked.
11.2 Public hearings where a general audience is in attendance to present arguments
for or against a public issue:
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A. The Department Director or designee shall present the issue to the Council
and respond to questions.
B. A person may speak for three (3) minutes. No one may speak for a second
time until everyone who wishes to speak has had an opportunity to speak.
The presiding officer may make exceptions to the time restrictions of
persons speaking at a public hearing when warranted, in the discretion of
the presiding officer.
C. The City Clerk shall serve as timekeeper during these hearings.
D. After the speaker has used their allotted time, Council may ask questions
of the speaker and the speaker may respond, but may not engage in further
debate.
E. The hearing will then be closed to public participation and open for
discussion among Councilmembers.
F The presiding officer may exercise changes in the procedures at a particular
meeting or hearing, but the decision to do so may be overruled by a majority
vote of the Council.
SECTION 12 - DEPUTY MAYOR
12.1 Annually or more often as deemed appropriate, the members of the City Council,
by majority vote, shall designate one of their members as Deputy Mayor for a one
year time period, except as provided in Section 12.1, Paragraphs G and H herein.
A. Any member of the City Council may be nominated for the position of
Deputy Mayor by having that Councilmember’s name placed in nomination
by a Councilmember., provided that t The name of the most senior member
of the City Council who has not previously served as Deputy Mayor shall
automatically be placed in nomination for the position of Deputy Mayor. [The
nomination of a councilmember for the position of Deputy Mayor does not
require a second, and a councilmember may nominate him or herself.]
1. For the purposes hereofof these rules, the most senior member of
the City Council, seniority shall be determined by:
(a) The number of consecutive years, months and days served;
(b) If the number of consecutive years, months and days served
by two or more members of the City Council are equal, the
member of the City Council who received the greater/greatest
number of votes in the most recent general election in which
Commented [SG12]: PL item – timing of elections
Option 1 – No later than (or between 60 days before and) the last
meeting of the year
Option 2 – At the first meeting of the year.
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such those members were elected to the City Council shall be
deemed is the most senior.
2. If the most senior councilmember declined the automatic nomination,
the name of the next most senior member of the City Council shall
be automatically be placed in nomination for the position of Deputy
Mayor.
3. If all members of the City Council have previously served as Deputy
Mayor, there shall be no automatic seniority nomination.
4. Other than for the automatic nomination of the most senior
councilmember who has not previously served as deputy Mayor, all
other nominations for the position of Deputy Mayor shall be made by
members of the City Council on the dates of election for the Deputy
Mayor position.
5. In connection with the selection of Deputy Mayor, it is strongly
suggested that councilmembers approach the election in an open,
transparent and respectful manner, avoiding anything that
jeopardizes harmony among councilmembers.
B. The Councilmember receiving a majority of the votes cast by the members
of the City Council shall be elected Deputy Mayor. A Councilmember may
vote for him or herself.
C. The names of all nominees for the position of Deputy Mayor shall be
included in the vote.
D. If no single Councilmember received a majority of the votes cast, a second
vote/ballot, between the two nominees who received the largest number of
votes, would be needed. In the second vote/ballot, whichever of these two
nominees received the larger number of votes would be elected to the
position of Deputy Mayorwill be held.10
E. The Deputy Mayor shall serve at the pleasure of the Council.
A. In the event of the absence or unavailability of the Deputy Mayor, the
longest serving senior member of the City Council, other than the Deputy
Mayor, shall serve as interim Deputy Mayor until the return of the regular
Deputy Mayor.
10 It may be that if there were a larger number of nominees in the initial election, there would not be (only) two
councilmembers who received the largest number of votes. For instance, if one nominee received three votes a second
nominee received two votes and a third nominee also received two votes, it might be appropriate to have an initial run
off between the second and the third nominees to determine who would be included in the final run-off against the
first nominee.
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G. If the designated Deputy Mayor is unable to serve the full term of the
position of Deputy Mayor, the Council shall designate the next senior
member of the City Council as Deputy Mayor for the remainder of the term.
If the appointment is declined the process shall continue until a Deputy
Mayor is designated.
H. In the event that the councilmember selected as Deputy Mayor is unable to
perform the duties of the position of Deputy Mayor, or fails to act in
accordance with the City Council Rules of Procedure, the City Council may,
by a majority vote of the full City Council, remove the Deputy Mayor from
this position, in which case, the next senior councilmember shall assume
the position of Deputy Mayor for the balance of the year. If the next senior
councilmember is unwilling or unable to assume the position of Deputy
Mayor, the position of Deputy Mayor shall be filled by a majority vote of the
full City Council.
[See RCW 35A.12.065.]
12.2 The Deputy Mayor, as the head of the legislative branch of the City, shall perform
the following duties:
A. Intra-Council Relations:
1. Serve as the Chair of the Council Study Sessions;
2. Serve as an ex-officio member of all other ad hoc committees of the City
Council. If the Deputy Mayor’s attendance at an ad hoc committee meeting
brings the number of councilmembers attending to 4, the meeting , provided
that attendance by a quorum of the City Council at ad hoc committee
meetings shall comply with the Open Public Meetings Act (RCW 42.30),
unless expressly exempted.;
3. Assist in new councilmember training;
4. Support cooperative and interactive relationships among council
members;
5. Work with Administration to prepare agendas for Council Study
Sessions;
6. Preside over the Study Sessions of the City Council, and work with
the chairs of the Special Focus Areas on the portions of Study
Sessions over which the Special Focus Areas chairs preside
B. Mayor-Council Relations:
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1. Help maintain a positive and cooperative relationship between the
Mayor and the City Council;
2. Act as conduit between the Mayor and the City Council on issues or
concerns relating to their duties;
3. Preside over Regular Meetings of the City Council in the absence or
unavailability of the Mayor;
4. In the event of the a prolonged absence or incapacitation (a state of
disability that prohibits the function of duties) of the Mayor, the
Deputy Mayor shall perform the duties of the Mayor.
(a) A prolonged absence is defined as requiring a leave of
absence that prohibits the performance of the duties of the
office. Vacation leave for periods up to two weeks, illnesses
requiring an absence of less than two weeks, out of state or
out of country travel lasting not more than two weeks, or other
similar short-term absences shall not be considered
prolonged absences.
(b) In the event of a disaster, emergency, or other similar
circumstance, where the Mayor is out-of-town and unable to
carry out the duties of the office of Mayor, the Deputy Mayor,
in consultation with the Mayor, shall act as Mayor until the
return and availability of the Mayor;
5. The Deputy Mayor shall also stand in on behalf of the Mayor in other
situations as requested by the Mayor;
6. In the performance of the duties of the Mayor, the Deputy Mayor shall
not have authority to appoint, remove, replace, discipline or take
other similar action on any director or employee of the City;
7. The Deputy Mayor shall not have veto authority for actions that may
be taken by the City Council;
8. The Deputy Mayor shall be aware of City, regional and
intergovernmental policies and activities in order to properly execute
the role of Mayor.
C. Intergovernmental and Community Relations:
1. Act in absence of Mayor as requested and/or as required;
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2. Be aware of all City regional and intergovernmental policies and
activities in order to be prepared to step into the role of Mayor if
necessary;
3. Serve as the Chair of the City’s Emergency Management
Compensation Board.
D. Other Duties of the Deputy Mayor:
1. In cooperation with the Mayor and Special Focus Area group’s
chairpersons and with assistance from Administration, create and
establish agendas for all study sessions;
2. Preserve the decorum and order at all Council Study Sessions;
3.2. Serve as liaison to the Junior City Council, participating as a non-
voting member of the Junior City Council, encouraging, guiding and
counseling the members of the Junior City Council in connection with
its duties and assignments;
4. Assist in training new councilmembers;
4. Serve as the liaison between the City Council and the Mayor and be
a conduit between the City Council and the Mayor on issues or
concerns of the Council;
5.3. Facilitate any issue related to the conduct and/or actions of
councilmembers that may be inappropriate or that may be in violation
of the Council Rules of Procedure (Section 20.1);
6.4. Conduct regular and periodic meetings with individual
councilmembers to address councilmember issues, concerns,
legislative processes, councilmember proposals, councilmember
training, and other similar related items.
7.5. Conduct group meetings with councilmembers, provided that such
meetings shall not have more than two councilmembers at such
meetings. All such meetings at which a quorum of the City Council is
in attendance shall be in compliance with the Open Public Meetings
Act (RCW 42.30), unless expressly exempted.
[See former ACC 2.06.090 (1957 code § 1.04.100).]
SECTION 13 - COUNCIL POSITION VACANCY OR ABSENCE
Commented [SG13]: Already in 5.2.A
Commented [SG14]: Already in 12.2.A.1
Commented [SG15]: Already in 12.B.2
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13.1 In the event that If an unexpired Council position becomes vacant, the City Council
has ninety (90) days from the occurrence of the vacancy to appoint, by majority
vote of a quorum of the Council, a qualified person to fill the vacancy pursuant to
State law. The Council may make such appointment at its next regular meeting, or
at a special meeting called for that purpose. If the Council does not appoint a
person within the ninety (90) day period, the Mayor may make the appointment
from among the persons nominated by members of the Council.
13.2 In the event of If there is an extended excused absences or disability of a
Councilmember, the remaining members by majority vote may appoint a
Councilmember Pro Tempore to serve during the absence or disability.
SECTION 14 - COUNCIL MEETING STAFFING
14.1 Department Directors or designees shall attend all meetings of the Council unless
excused by the Mayor.
14.2 The City Attorney shall attend all meetings of the Council unless excused by the
Mayor, and shall upon request, give an opinion, either written or oral, on legal
questions. The City Attorney shall act as the Council’s parliamentarian. An
Assistant City Attorney shall attend meetings when the City Attorney has been
excused.
[See former ACC 2.06.060 (1957 code § 1.04.160).]
SECTION 15 - COUNCIL RELATIONS WITH STAFF
15.1 There will be mutual courtesy and respect from both City staff and
Councilmembers toward each other and of their respective roles and
responsibilities.
15.2 City staff will acknowledge the Council as policy makers, and the Councilmembers
will acknowledge City staff as administering the Council’s policies.
15.3 It is the intent of Council that all pertinent information asked for by individual
Council members shall be made available to the full Council.
15.4 Individual Councilmembers shall not attempt to coerce or influence City staff in the
selection of personnel, the awarding of contracts, the selection of consultants, the
processing of development applications or the granting of City licenses or permits.
Councilmembers may, at the request of the Mayor, participate in discussions and
decisions related to these matters.
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15.5 Other than through legislative action taken by the Council as a whole, individual
Councilmembers shall not interfere with the operating rules and practices of any
City department.
15.6 No individual Councilmember shall direct the Mayor to initiate any action or prepare
any report that is significant in nature, or initiate any project or study without the
consent of a majority of the Council. This provision, however, does not prohibit
individual Councilmembers from discussing issues with the Mayor or making
individual requests or suggestions to the Mayor. The Mayor shall endeavor to
advise and update the Councilmember(s) on the status or follow-up of such issues.
15.7 All councilmember requests for information, other than requests for legal advice
from the City Attorney’s Office, shall be directed through the Mayor in order to
assign the task to the proper staff. The Deputy Mayor may work with the Mayor’s
designated staff to prepare Study Session agendas and facilitate Study Session
work.
15.8 Any written communication with staff shall also include the Mayor as a recipient.
SECTION 16 - COUNCIL STUDY SESSIONS, COMMITTEES
AND CITIZEN ADVISORY BOARDS
16.1 In addition to the regularly scheduled City Council meetings (Regular Council
Meetings) scheduled on the first and third Mondays of the month, City Council shall
regularly schedule Council Study Sessions on the second, fourth and fifth Mondays
of the month for review of matters that would come back before the City Council at
Regular Council Meetings. Different than the format for Regular Council Meetings
(identified in Section 3 hereof), Study Sessions shall be less formal than Regular
Council Meetings and shall give the City Council the opportunity to discuss and
debate issues coming before it for action at Regular Council meetings. The format
for these meetings shall be as follows:
A. General Business Focus and Special Focus Areas
Study Sessions shall consist of two (2) Focus divisions per meeting; (1) a
General Business Focus and (2) a Special Focus Area. The General
Business Focus shall be scheduled first, and shall include agenda items
that relate to issues of general City concern, items that will be coming before
the City Council at upcoming meetings and presentations and reports to the
City Council. The Special Focus Area groups shall, on a rotating basis
described below, commence their portion of the Study Session following the
conclusion of the Study Session General Business Focus, The Special
Focus Area groups shall review matters of Council concern related to their
areas of oversight responsibility. The Special Focus Area groups shall
consist of the following: (1) Public Works & Community Development; (2)
Municipal Services; (3) Health & Human Services; and (4) Finance &
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Economic Development. These Special Focus Area groups shall be tasked
with oversight of Council considerations as follows:
1. Public Works & Community Development;
Utilities
Zoning Codes & Permits
Innovation & Technology
Transportation
Streets
Engineering
Capital Projects
Sustainability
Environmental Protection
Cultural Arts and Public Arts
Planning
2. Municipal Services
Police
SCORE Jail
District Court
Parks & Recreation
Animal Control
Solid Waste
Emergency Planning
Airport
Airport Businesses
Sister Cities
Multi Media
3. Health & Human Services
Human Services Funding
Public Wellness
Domestic Violence Services
Homelessness Services
Affordable Housing
Community Services
Human Resources
Medical Community Relations
4. Finance & Economic Development
City Budget & Amendments
Risk Management
Equipment Rental
Facilities
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City Real Property
Legal
Development Incentives
Business Development
Economic Development Strategies
Aside from the above Special Focus Area topics, there shall be a
Finance ad hoc Committee to review vouchers and payroll.
B. Scheduling of Special Focus Area.
1. The Special Focus Areas shall conduct their portion of the Study
Sessions on 2nd and 4th Mondays of the month on a rotating basis
such as follows: Public Works & Community Development, then
Municipal Services, then Health & Human Services, then Finance &
Economic Development, then Public Works & Community
Development, then Municipal Services, and so on.
2. On 5th Mondays of the Month, Study Sessions will not typically
include any of the above Special Focus Areas, but may include
special topics and issues of general concern to the City Council,
including Council operating arrangements and Council Rules of
Procedure. It is provided, however, that in order for the City Council
to address the matters coming before the City Council, the Mayor
and Deputy Mayor may, as they deem appropriate, insert into any
Study Session any matters calling for City Council consideration and
discussion, regardless of Special Focus Areas.
3. Topics for Special Focus Area consideration (for inclusion in the
Special Focus Area portion of the Study Session agenda) shall be
determined by the Chair of each Special Focus Area along with the
Mayor and the Deputy Mayor, taking into account matters within the
topics of the Special Focus Area calling for action or consideration,
and suggestions by other Councilmembers of such topics.
C. Meeting Times:
:
Study Sessions shall be scheduled as set forth in Section 2.3, above.
D. Study Sessions should conform to the following:
Meeting facilitation - the Deputy Mayor shall preside over/conduct General
Business Focus portions of Study Sessions. The Councilmember selected to chair the
Special Focus Area for the study sessions for which his or her Special Focus Area is
scheduled shall preside over/conduct the Special Focus Area of the Study Session.
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Four or more Councilmembers shall constitute a quorum for Study Sessions.
1. Three to four hours maximum timeframe (goal).
2. Agenda items should relate to future policy-making, strategic
planning or key state or federal issues affecting current or future city
operations.
3. Agenda items should be substantive only (e.g., traffic impact fee
increase proposals, comprehensive plan updates, rather than day-
to-day operational issues. [Non-substantive items (e.g., accepting a
grant, authorizing contract bidding, etc.) should go directly to the
Regular City Council meeting.
E. Study Session Meeting Format11
1. Call to Order
The Deputy Mayor shall call the meeting to order.
5.2. Roll call
The City Clerk will call the roll. Councilmembers may request to be
excused from a meeting by requesting the same of the Mayor or City
Clerk in advance of the meeting. The reason for the request shall be
given at the time of the request.
9.3. Announcements, Reports and Presentations
The Deputy Mayor shall provide any announcements, reports or
presentations that need to be shared with the City Council in advance
of the agenda discussion items. After that these announcements,
reports or presentations, City Council members may have questions
or wish to discuss the issues at this time or request that they be put
on a future Study Session agenda for further discussion.
Study Sessions are an opportunity for the members of the City
Council to discuss among themselves issues coming before the City
Council. Study Sessions do not include a place on the agenda for
public audience participation. However at the request of the
presiding officer, individuals may be asked to give a report on topics
appearing on the Study Session agenda.
11 It is the intention of the City Council that Study Sessions shall be televised on the City’s public access
channel if reasonably possible.
Commented [SG16]: Deleted sections are covered earlier in
the rules
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15.4. Agenda items for Council Discussion.
The Deputy Mayor shall announce each of the various items that are
on the agenda for Council discussion, and, as warranted, request a
preliminary report from staff or a consultant or other individual(s)
involved in the issue. The Deputy Mayor shall endeavor to call upon
the members of the City Council in the order of their requests to
discuss the Agenda Item.
After such report(s), if any, the Deputy Mayor shall open the floor for
Council discussion on the agenda items in their order on the agenda,
unless a different order is approved by a majority of the
Councilmembers present.
Council discussion shall be in conformity with the provisions of
Section 7 of these rules, other than the requirement that there be a
motion before Council discussion.
At the conclusion of the discussion, or at the point the Council feels
its questions have been answered and discussion vetted, the Deputy
Mayor shall move the attention of the Council to the next discussion
item on the agenda; provided that if, after a lengthy discussion on a
particular agenda item, the presiding officer concludes that
discussion should be continued to a later date, the Deputy Mayor
may conclude discussion on that agenda item and schedule the
matter for a later Study Session.
With the support of a consensus of Councilmembers, the Deputy
Mayor shall call for Study Session agenda items requiring formal
Council action to be included in agendas for upcoming Regular
Council Meetings.
27.5. Ordinances
Prior to an ordinance being included for adoption on the agenda of a
Regular or Special Meeting of the City Council, the ordinance shall
be included on the agenda of a Study Session for Council review and
discussion.
a. The Study Session ordinance review requirement shall be met
even if the version to be considered at an upcoming City
Council Meeting is amended from the version included on the
Study session agenda following review and discussion at the
Study Session.
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b. If, after City Council review and discussion of an ordinance at
a Study Session, the City Council is not ready to vote on a
proposed ordinance, the ordinance may be included on
another Study session agenda for further review and
discussion. If there is not agreement among members of the
City Council as to whether the ordinance should next come
before the City Council at a regular or Special Meeting of the
City Council for consideration of adoption or whether it should
return for further review and discussion at a Study Session,
the matter shall be presented for a vote at the Study Session,
and decided by majority vote of the members of the City
Council at the Study Session.
35.6. Other Discussion Items
The presiding officer and/or members of the City Council may bring
up other discussion items to be discussed at this time or to be
scheduled for discussion at a future Study Session; provided that if
the presiding officer concludes that there is not sufficient time to
discuss or continue discussing the topic, the presiding officer may
defer discussion or continued discussion to a future Study Session.
39.7. New Business
While Councilmembers are encouraged to coordinate Aagenda
topics for future Study Sessions with the Deputy Mayor in advance,
they may be proposed by any Councilmember during New Business.
Councilmembers will identify: a) the subject of the proposed topic; b)
whether they’ve discussed the topic with the appropriate Special
Focus Area Chair and/or Mayor or affected Department head to
determine whether the subject is already proposed to come before
Council; c) the specific information the Councilmember wants to
discuss.
At Council discretion, production and delivery of a “white paper” in
lieu of a future agenda item may be considered.. If there is a
consensus among the Councilmembersa majority of
Councilmembers agree, the Deputy Mayor and the Mayor will meet
to place the topic on the Matrix for a future Study Session Agenda.
Council may also ask staff to provide a written report instead of
having discussion.. At Council discretion, production and delivery of
a “white paper” in lieu of a future agenda item may be considered.
39. Special Focus Area (
39.
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c.a. Tthe Chair of the Special Focus Area scheduled for the Study
Session, on a rotating basis as described above, shall preside
over this portion of the study session.)
c. The Chair of the Special Focus Area shall call the various
items included in the agenda for this portion of the Study
Session
c. The Chair of the Special Focus Area shall also review the
Matrix with respect to items related to the Special Focus Area.
44.8. Matrix Review/Update (the Deputy Mayor shall preside over this
portion of the Study Session)
. Following the conclusion of City Council consideration of the
topics of the Special Focus Area, the City Council shall review
the Matric of upcoming topics.
. The Matrix shall consist of topics from all areas of city
concern, general concern as well as topics of each of the
Special Focus Areas
50.9. Adjournment
The Deputy mayor shall adjourn the Study Session after conclusion
of discussion on the above agenda items.
16.2 A. The Mayor, the Deputy Mayor or a majority of the City Council
may establish such ad hoc committees as may be appropriate to
consider special matters that require special approach or emphasis.
B. Such aAd hoc committees may be established and matters
referred to them at study sessions, without the requirement that such
establishment or referral take place at a regular City Council meeting.
C. The Deputy Mayor shall appoint Councilmembers to Council ad
hoc committees, provided that the Mayor shall appoint members to
Council ad hoc committees if the Deputy Mayor is disabled or
precluded from acting in that capacity
D. The Mayor shall appoint Council representatives to
intergovernmental councils, boards and committees, and the Deputy
Mayor shall appoint Councilmembers to Council ad hoc committees,
provided that the Mayor shall appoint members to Council ad hoc
committees if the Deputy Mayor is disabled or precluded from acting
in that capacity.
E. Councilmember appointments to intergovernmental councils,
boards and committees, including ad hoc committees, shall be
periodically reviewed to determine which councilmembers could best
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be able to represent the City on such councils, boards and
committees.
16.3 Ad hoc council committees shall consider all matters referred to them. The chair
of such ad hoc committee shall report to the City Council the findings of the
committee. Committees may refer items to the Council with a committee
recommendation or with no committee recommendation.
16.4 Advisory Boards, Committees and Commissions established by ordinance,
consisting of citizens appointed pursuant to the establishing Ordinance and serving
in the capacity and for the purposes indicated in the Ordinance, shall act as an
advisory committee to the City Council.
16.5 Committee Chairpersons shall have broad discretion in conducting their meetings.
They will generally follow Roberts Rules of Order, Newly Revised.
16.6 Unless otherwise expressly provided for an when forming an ad hoc committee, it
is the intention of the City Council that such ad hoc committees function informally
and not in any way that takes action in lieu of or on behalf of the full City Council.
The purpose and function of such ad hoc committees shall be to review matters in
advance of their consideration by the full City Council, and perhaps record and
make recommendations to the full City Council. They are not “committees of a
governing body” subject to the requirements of With that, it is the intention that
these committees operate informally, without the need for compliance with the
Open Public Meetings Act (Chapter 42.30. RCW). Ad hoc committees of the City
Council, such committees shall not receive public testimony or allow audience
participation in connection with or related to the agenda item being discussed by
the Committee,. Unless otherwise expressly provided for such ad hoc committee,
it is the intention of the City Council that such ad hoc committees function informally
and not in any way that takes action in lieu of or on behalf of the full City Council.
The purpose and function of such ad hoc committees shall be to review matters in
advance of their consideration by the full City Council, and perhaps record and
make recommendations to the full City Council. With that, it is the intention that
these committees operate informally, without the need for compliance with the
Open Public Meetings Act (Chapter 42.30. RCW).
16.7 Committee Chairpersons shall approve all agenda items and may, at their
discretion, remove or add agenda items during the course of the meeting.
SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION
17.1 If a Councilmember meets with, attends a meeting or otherwise appears before
individuals, another governmental agency, a community organization, or a private
entity or organization, including individuals, agencies, or organizations with whom
or with which the City has a business relationship, and makes statements directly
or through the media, commenting on an issue that does or could affect the City,
the Councilmember shall state the majority position of the City Council, if known,
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on such that issue. Personal opinions and comments which differ from those of the
Council majority may be expressed if the Councilmember clarifies that these
statements do not represent the City Council’s position, and the statements are
those of the Councilmember as an individual. Additionally, before a
Councilmember discusses anything that does or could relate to City liability, the
Councilmember should talk to the City Attorney or the City’s Risk Manager, so that
the Councilmember would have a better understanding of what may be said or
how the discussion should go to control or minimize the City’s liability risk and
exposure.
17.2 Councilmembers need to have other Councilmember’s concurrence before
representing another Councilmember’s view or position with the media, another
government agency or community organization.
17.3 Councilmembers shall not knowingly communicate with an opposing party or with
an opposing attorney in connection with any pending or threatened litigation in
which the City is a party or in connection with any disputed claim involving the City
without the prior approval of the City Attorney, unless the Councilmember is
individually a party to the litigation or is involved in the disputed claim separate
from the Councilmember’s role as a City official.
17.4 Communication among Councilmembers shall conform to the following
parameters:
A. Except in connection with Council members meeting, informally, in
committees not subject to the Open Public Meetings Act, to assure that
communication on agenda items occurs to the greatest extent possible at
the public meetings, and to avoid even the perception that email is being
used in a way that could constitute a public meeting, e.g., successive
communications on City Council topics that involve a quorum of the
Councilmembers. Councilmembers should refrain from emailing
Councilmembers about such agenda items. Councilmembers should be
prepared to communicate about matters that are on upcoming Council
agendas at the public meetings. If Councilmembers wish to share
information with other councilmembers about matters that are on upcoming
agendas, the councilmembers should forward that information to the Mayor
for distribution in the council meeting packets.
B. Councilmembers may communicate via email to other Councilmembers,
including to a quorum of the full City Council about matters within the scope
of the City Council’s authority or related to City business, but not yet
scheduled on upcoming Council agendas, to indicate a desire that certain
items be included on upcoming meeting agendas; provided that
Councilmembers shall never ask for responses from the other
Councilmembers in that communication.
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C. Email communication among Councilmembers relating to City operations
should also include the Mayor as a recipient/addressee.
D. Councilmembers may email the Mayor about City business without
limitations or restrictions.
17.5 Internet & Electronic Resources/Equipment and Facility Use.
A. Policy. It is the policy of the City Council that Internet and electronic
resources equipment use shall conform to and be consistent with the
requirements of City of Auburn Administrative Policy and Procedure 500-
03, “Internet & Electronic Resources/Equipment Use – Elected Officials.”
adopted hereby and incorporated herein by this reference.
It is important to note that aAll letters, memoranda, and interactive computer
communication involving City Councilmembers and members of advisory
boards and commissions, the subject of which relates to the conduct of
government or the performance of any governmental function, with
exceptions stated by the Public Records Act (RCW 42.56), are public
records.
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B. Electronic Communications.
1. Informal messages with no retention value and that do not relate to
the functional responsibility of the recipient or sender as a public
official, such as meeting notices, reminders, telephone messages
and informal notes, do not constitute a public record. Users should
delete these messages once their administrative purpose is served.
2. All other messages that relate to the functional responsibility of the
recipient or sender as a public official constitute a public record. Such
Those records are subject to public inspection and copying.
3. Electronic communications that are intended to be shared among a
quorum of the City Council or of an ad hoc Council Committee,
whether concurrently or serially, must be considered in light of the
Open Public Meetings Act, if applicable. If the intended purpose of
the electronic communication is to have a discussion that should be
held at an open meeting, the electronic discussion shall not occur.
Further, the use of electronic communication to form a collective
decision of the Council shall not occur.
4. Electronic communication should be used cautiously when seeking
legal advice or to discuss matters of pending litigation or other
confidential City business. In general, electronic communication is
discoverable in litigation, and even deleted electronic communication
is not necessarily removed from the system. Confidential electronic
communications should not be shared with individuals other than the
intended recipients, or the attorney-client privilege protecting the
document from disclosure may be waived.
5. Electronic communication between Councilmembers and between
Councilmembers and staff shall not be transmitted to the public or
news media without the filing of a public disclosure request with the
City Clerk.
6. As a cautionary note, if an elected public official uEven if a ses his or
her Councilmember uses their personal electronic devices all home
computer to send electronic communications dealing with City
business, the electronic communications and documents related to
City business will and electronic records may be subject to discovery
demands and public disclosure requests. That possibility amplifies
the need for caution in how one uses electronic communication for
City business.
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C. Use of City Equipment and Facilities.
1. City Councilmembers are provided various tools to assist them in
handling the business of the City in the role as members of the City
Council. These tools include, but are not limited to: (1) an individual
office assigned to each Councilmember in which there is (a) office
furniture; (b) a computer accommodating access to the City’s
computer network and (c) a telephone tied to the City’s telephone
system; (2) and I-Pad or comparable equipment also tied to the City’s
computer system that can be used remotely (not just in the
Councilmember’s office); (3) , an I-Phone or comparable equipment
accommodating mobile communication needs for (a) telephone calls,
(b) emails, and (c) texting; (4) a City badge accommodating physical
access to City Hall facilities and Council Offices; and (5) Council
mailboxes.
2. In order to assure transmittal of information necessary to conduct
business of the City and to avoid Public Records Act liability for the
City and Councilmembers for improper or private equipment use,
Councilmembers shall use the tools identified above to assist them
in being able to receive and work with information related to duties
as councilmembers.
17.6 Council Relations with City Boards and Commissions.
A Council Liaisons.
Different thanIn addition to where a City Councilmember is appointed by the
City Council or the Mayor to serve as a member of a board, commission,
committee, task force or any other advisory body, the City Council may, on
limited occasions or under unusual circumstances, appoint a
Councilmember to serve as a non-member Liaison to a board, commission,
committee, task force or any other advisory body. Anytime a
Councilmember is appointed as such a Liaison, the position or role of
Liaison is subordinate to that of Councilmember, and the Councilmember’s
responsibility is first and foremost to the City and to the City Council. The
role and responsibility of the Councilmember-Liaison is to keep the City
Council apprised of the activities, positions and actions of the entity or
organization to which the Councilmember has been appointed Liaison, and
not to communicate to the board, commission, committee, task force or
other advisory body a statement as the position of the City Council, except
as authorized or directed by the City Council. Insofar as a Council Liaison
position does not give all councilmembers equal access to the activities,
functions and information of or about a board, commission, committee, task
force or any other advisory body, appointments to Council Liaison positions
should be reserved to those instances where a Report to the Council by the
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board, commission, committee, task force or any other advisory body would
not be convenient or practical.
B. Reports to the Council.
Each board, commission, committee, task force or any other advisory body
of the City shall be requested to present a report to the City Council at a
Regular Meeting or a Study Session of the City Council, as scheduled by
the Mayor or Deputy Mayor. Such reports shall be scheduled for a Regular
Council Meeting or a Council Study Session, and shall be delivered by the
chair of the board, commission, committee, task force or any other advisory
body or designee. The reports shall inform the City Council of the activities,
functions and information with which the board, commission, committee,
task force or any other advisory body has been involved since the previous
report, and shall include the opportunity for questions by Councilmembers.
17.7 Whenever a member of the City Council attends any meeting of any other entity or
organization, he or she should endeavor to be prudent in what he or she says or
does at such meeting. Further, the Councilmember should avoid attending such
meeting if that attendance would impose an interference with the meeting or the
operations of the other entity or organization, or of the operations of the City.
SECTION 18 - TRAVEL AUTHORIZATION
18.1
A. Value of Council Travel.
The Auburn City Council recognizes the need of its members to attend conferences,
trainings, and meetings to broaden their knowledge of and familiarity with a diverse
collection of City-related issues, including, but not limited to Public Works,
Communications, Transportation, Economic Development, Public Safety and Energy.
These conferences also provide valuable opportunities to network with other city elected
officials. Comparing Auburn's specific issues with those of other cities often provides the
City Council with established policies already in place in other cities that can be adapted
to meet the specific needs of the City of Auburn, as well as expediently and efficiently
acquainting Auburn City Councilmembers with ideas of how to address Auburn issues and
solve Auburn problems.
B. Annual Budget Amounts for Council Travel
To accommodate Council travel, the Auburn City Council shall allocate an identified
amount of money each year in the CtyCity budget process, whereby to each
Councilmember shall have an identified amount of money earmarked for his/her City-
related travel costs, including transportation, lodging, meals and registration costs.
C. Adjustment of Council Travel Allocations.
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In the event that If a councilmember needs more than the amount of travel related funds
allocated for his or her their use, the councilmember shall (1) see if there are unused funds
available from any other councilmember(s) who are willing to transfer funds from their
account to the councilmember needing additional travel funds. If so,, whereby, with the
consent of the Deputy Mayor and the other transferring councilmember(s), funds will be
transferred to the requesting councilmember’s allotment; or (2) shall request a net
adjustments to the budget adding additional funds to his or her their allotment, which
adjustment shall be approved by a majority of the whole City Council.
D. Receipts and Travel Documentation
Each City Councilmember shall be responsible for providing to the Mayor or
Finance Director, within ten (10) business days of returning from City travel, any
and all City travel related receipts and documentation. Quarterly reports of the
travel costs incurred by each councilmember shall be provided by the Finance
Department.
SECTION 19 - CONFIDENTIALITY
19.1 Councilmembers shall keep confidential all written materials and verbal
information provided to them during Executive or Closed Sessions and as provided
in RCW 42.23.070, to ensure that the City’s position is not compromised.
Confidentiality also includes information provided to Councilmembers outside of
Executive Sessions when the information is considered by the exempt from
disclosure under exemptions set forth in the Revised Code of Washington.
SECTION 20 – ENFORCEMENT OF RULES OF PROCEDURE
20.1 Councilmembers shall conform their conduct to the requirements, standards and
expectations set forth in these Rules of Procedure. In addition to and
notwithstanding whatever other enforcement mechanisms may exist for legal,
ethical or practical obligations on Councilmember performance or conduct,
violations of these Rules of Procedure by Councilmembers may be enforced by
action of the City Council through sanctions such as votes of censure or letters of
reprimand, and such other action as may be permitted by law.
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City Council Rules of Procedure:
Adopted: February 2, 2004
Ordinance No. 5802
Amended by Resolution No. 4282, December 17, 2007
Amended by Resolution No. 4429, December 15, 2008
Amended by Resolution No. 4467, April 6, 2009
Amended by Resolution No. 4615, July 6, 2010
Amended by Resolution No. 4686, February 22, 2011
Amended by Resolution No. 4740, August 15, 2011
Amended by Resolution No. 4813, May 21, 2012
Amended by Resolution No 4909, February 19, 2013
Amended by Resolution No. 5105, November 3, 2014
Amended by Resolution No. 5112, December 1, 2014
Amended by Resolution No. 5115, December 15, 2014
Amended by Resolution No. 5217, May 2, 2016
Amended by Resolution No. 5240, July 5, 2016
Amended by Resolution No. 5283, February 21, 2017
Amended by Resolution No. 5308, August 7, 2017
Amended by Resolution No. 5367, May 7, 2018
Page 48 of 217
AGENDA BILL APPROVAL FORM
Agenda Subject:
Potential Assumption of Auburn Transportation Benefit District
(Gaub) (10 Minutes)
Date:
October 22, 2019
Department:
Public Works
Attachments:
Draft Res olution No. 5462
Draft Ordinance No. 6739
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background Summary:
The City created the Auburn Transportation Benefit District (TBD) on September 12, 2011. In
2015, the legislature changed the law to allow that a City with the same boundaries as the
TBD may assume the rights, powers, functions, and obligations of that TBD.
In order to consider this assumption, the City Council must conduct a public hearing and if it
desires to proceed with the assumption, pass an ordinance assuming the TBD and modifying
the Auburn City Code Chapter 3.23. There is no requirement that the TBD take any formal
action to complete the assumption.
Since the legislature provided for the creation of Transportation Benefit Districts,
approximately 109 municipalities have created a TBD. Of these, approximately 81 have
assumed the powers and obligations of the TBD.
The differences that would occur if the City assumed the TBD are as follows:
1. The TBD would cease to exist as a separate legal entity
2. The financial reporting would be incorporated into the City’s annual report
3. The issuance of debt for projects would be limited to the City’s existing unused debt
capacity.
At this time, the Auburn TBD has enacted no funding revenue options and has not collected
or spent any funds, it does not have any contracts, it has not committed to any projects, and
does not have any assets.
By taking advantage of the 2015 legislative change, the City’s financial reporting obligations
would be streamlined. Total debt capacity for the TBD would be limited to the City’s debt
Page 49 of 217
capacity, but neither the City nor the TBD has the funding capacity to leverage the full debt
capacity allowed by law.
Resolution No. 5462 establishes a hearing date for the City Council to consider Ordinance
6739 authorizing the City to assume the right, powers, functions, and obligations of the
Auburn Transportation Benefit District (TBD) and is scheduled for Council consideration on
November 4, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:October 28, 2019 Item Number:
Page 50 of 217
--------------------------------
Resolution No. 5462
October 11, 2019
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5462
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING A HEARING
DATE TO CONSIDER AN ORDINANCE AUTHORIZING THE
CITY TO ASSUME THE RIGHTS, POWERS, FUNCTIONS,
AND OBLIGATIONS OF THE AUBURN TRANSPORTATION
BENEFIT DISTRICT
WHEREAS, on September 12, 2011, the City enacted Ordinance 6377, creating
the Auburn Transportation Benefit District (“District”), with the City Council and Mayor
sitting ex-officio as the Board of the District; and,
WHEREAS, Chapter 36.74 of the Revised Code of Washington authorizes a city
to assume the rights, powers, functions, and obligations of the District; and,
WHEREAS, in order to assume the District’s powers and obligations the City must
conduct a public hearing, notice of which must be public at least two times during the two
weeks preceding the schedule hearing date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The City Council will hold a public hearing on November 18, 2019, at
7:00 p.m. or as soon after as practical, in the City Council Chambers at 25 W. Main St.,
Auburn, Washington, to consider and take public testimony on a proposed ordinance to
authorize the City to assume the rights, powers, functions, and obligations of the District.
Section 2. The City Clerk is authorized and directed to publish notice of the
meeting.
Page 51 of 217
--------------------------------
Resolution No. 5462
October 11, 2019
Page 2 of 2 Rev. 2018
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2019.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 52 of 217
--------------------------------
Ordinance No. 6739
October 18, 2019
Page 1 of 4 Rev. 2019
ORDINANCE NO. 6739
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ASSUMING THE RIGHTS,
POWERS, FUNCTIONS, IMMUNITIES, AND OBLIGATIONS
OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT
WHEREAS, on September 19, 2011, the City Council adopted Ordinance No. 6377
creating the Auburn Transportation Benefit District ("Auburn TBD") with geographical
boundaries comprised of the corporate limits of the City, all in accordance with chapter
36.73 RCW; and
WHEREAS, on July 1, 2015, the Washington State Legislature enacted Second
Engrossed Substitute Senate Bill 5987 (SESSB 5987) codified in Chapter 36.74 RCW,
which, in Section 36.74.030, authorizes the City to assume the rights, powers, functions,
and obligations of the existing Auburn TBD; and
WHEREAS, the Auburn Transportation District does has not collected or spent any
funds, does not have any contracts, has not committed to any projects, and does not have
any assets; and
WHEREAS, on November 4, 2019, the City Council adopted Resolution No. 5462,
the City declared its intent to conduct a public hearing to consider the proposed
assumption of the rights, powers, functions, and obligations of the existing Auburn TBD;
and
WHEREAS, on November 18, 2019, the City Council conducted the public hearing
allowing all persons interested in the proposed assumption the opportunity to be heard;
and
Page 53 of 217
--------------------------------
Ordinance No. 6739
October 18, 2019
Page 2 of 4 Rev. 2019
WHEREAS, the City Council has determined that the public interest and welfare
will be satisfied by the City assuming the rights, powers, immunities, functions, and
obligations of the existing Auburn TBD;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Assumption of Auburn Transportation Benefit District. Pursuant
to RCW 36.74.020, the City of Auburn hereby assumes all of the rights, powers,
immunities, functions, and obligations of the Auburn TBD. The City is hereby vested with
each and every right, power, immunity, function, and obligation currently granted to or
possessed by the Auburn TBD as of the effective date of this Ordinance. The rights,
powers, functions, and obligations previously exercised and/or performed by the
governing body of the Auburn TBD are hereby assumed by and transferred to the Auburn
City Council.
Section 2. Amendment to Auburn City Code. Chapter 3.23 of the Auburn City
Code is amended to read as set forth in Exhibit A.
Section 3. Rules, Regulations, Pending Business, and Contracts. Pursuant
to RCW 36.74.050, all rules and regulations and all pending business before the board of
the Auburn TBD shall be continued and acted upon by the City Council. In addition,
pursuant to Section 305(2), all existing contracts and obligations of the Auburn TBD
remain in full force and effect and must be performed by the City. The assumption does
not affect the validity of any official act performed by any official or employee prior to the
assumption authorized under the law.
Page 54 of 217
--------------------------------
Ordinance No. 6739
October 18, 2019
Page 3 of 4 Rev. 2019
Section 4. Records of the Auburn TBD. Pursuant to RCW 36.74.060, all
reports, documents, surveys, books, records, files, papers, or other writings relating to
the administration of the powers, duties, and functions available to the Auburn TBD must
be made available to the City.
Section 5. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 6. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 7. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 55 of 217
--------------------------------
Ordinance No. 6739
October 18, 2019
Page 4 of 4 Rev. 2019
Published: ____________________
Page 56 of 217
ORD 6739 EXH. A
Ch. 3.23 Transportation Benefit District | Auburn City Code Page 1 of 3
The Auburn City Code is current through Ordinance 6719, and legislation passed through June 17, 201…
Chapter 3.23
TRANSPORTATION BENEFIT DISTRICT
Sections:
3.23.010 Assumption of powers and functions of Transportation Bbenefit dDistrict established.
3.23.020 Governing board.
3.23.030 Authority of the district.
3.23.040 Use of funds.
3.23.050 Dissolution of district.
3.23.060 Liberal construction.
3.23.010 Assumption of powers and functions of Ttransportation benefit district
established.
As authorized by Chapter 36.74.030 of the Revised Code of Washington, the City of Auburn assumes all
rights, powers, immunities, functions, and obligations that were possessed and exercised by the There is
created a transportation benefit district to be known as the Auburn tTransportation bBenefit dDistrict .or
“district” with geographical boundaries comprised of the corporate limits of the city as they currently exist or
as they may exist following future annexations. All actions of the city taken under the authority conferred on a
transportation benefit district will be specifically identified. (Ord. 6377 § 3, 2011.)
3.23.020 Governing board.
A. The governing board of the transportation benefit district shall be the Auburn city council acting in an ex
officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in
Chapter 36.73 RCW.
B. Meetings of the TBD board shall be governed by the procedural rules applicable to meetings of the city
council, as these rules may be amended by the city council from time to time. TBD board actions shall be
taken in the same manner and follow the same procedure as for the adoption of city council resolutions.
Meetings of the TBD board shall, whenever possible, take place on the same dates scheduled for city council
meetings.
Page 57 of 217
ORD 6739 EXH. A
Ch. 3.23 Transportation Benefit District | Auburn City Code Page 2 of 3
The Auburn City Code is current through Ordinance 6719, and legislation passed through June 17, 201…
C. The mayor shall serve as the chair of the TBD board and shall preside over all meetings of the TBD board.
D. Auburn city attorney will serve as legal advisor to the TBD board, except where separate counsel is
engaged by the TBD or the city attorney has a conflict of interest.
E. The treasurer of the transportation benefit district shall be the city finance director.
F. The board shall develop a material change policy to address major plan changes that affect project delivery
or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1).
G. The board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2).
H. The board may authorize an advisory committee, consisting of up to seven city residents who are
stakeholders in the city’s arterial system, to advise the board as requested on matters relating to project
priorities and material changes. Advisory member candidates shall be nominated by the mayor and confirmed
by the board. (Ord. 6377 § 3, 2011.)
3.23.030 Authority of the district.
The board city shall have and may exercise any powers provided by law to fulfill the purpose of the district.
(Ord. 6377 § 3, 2011.)
3.23.040 Use of funds.
The funds generated under the authority granted to a by the transportation benefit district may be used for any
purpose allowed by law including to operate the district and to making e transportation improvements that are
consistent with existing state, regional, and local transportation plans and necessitated by existing or
reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The transportation improvements
funded by under the authority of a district shall be made in an effort to protect the city’s long-term investments
in its infrastructure, to reduce the risk of transportation facility failure, to improve safety, to continue optimal
performance of the infrastructure over time, to avoid more expensive infrastructure replacements in the future
and to improve modal connectivity within the city of Auburn. Additional transportation improvement projects
of the district may be funded only after compliance with the provisions of RCW 36.73.050(2). (Ord. 6377 § 3,
2011.)
Page 58 of 217
ORD 6739 EXH. A
Ch. 3.23 Transportation Benefit District | Auburn City Code Page 3 of 3
The Auburn City Code is current through Ordinance 6719, and legislation passed through June 17, 201…
3.23.050 Dissolution of district.
The transportation benefit district shall be automatically dissolved, pursuant to the procedures set forth in
Chapter 36.73 RCW, when all indebtedness of the district has been retired and when all of
the district’s anticipated responsibilities have been satisfied. (Ord. 6377 § 3, 2011.)
3.23.0650 Liberal construction.
As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally construed to permit the
accomplishment of its purposes. (Ord. 6377 § 3, 2011.)
The Auburn City Code is current through Ordinance 6719, and legislation passed through June 17,
2019.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the
city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Code Publishing Company
Page 59 of 217
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6733 Shoreline Master Program (SMP) Periodic
Update and Associated Updates to the Critical Areas Ordinance
(CAO) (Tate) (15 Minutes)
Date:
October 21, 2019
Department:
Community Development
Attachments:
Ordinance No. 6733
Exhibit A - SMP
Exhibit B - CAO
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Schedule Ordinance No. 6733, proposed updates to the Citys Shoreline Master Program
(SMP) and associated updates to the Critical Areas Ordinance (CAO), for action by City
Council on November 5, 2019.
Background Summary:
The City’s Shoreline Master Program (commonly referred to as the “SMP”) was last updated
in 2009 and initially adopted in 1974. Per RCW 90.58.080, the City is required to periodically
update its SMP every eight years in response to changes in State laws and rules since 2009.
The SMP governs development that is within 200 ft. of the “ordinary high water mark” of the
Green and White Rivers (termed “Shorelines of the State”) along with other contiguous areas.
Regulation and administration of the SMP is a shared jurisdictional responsibility between the
City and the WA State Department of Ecology (Ecology). Upon approval of this Ordinance by
the City Council, the SMP would then be forwarded to Ecology for their final approval.
The complete strikeout-underline version of the proposed changes are included as Exhibit
A. In summary, the proposed amendments to the SMP include updates to the following areas
of the document (page location within the exhibit is listed in parentheses):
Corrections, fixing references, and other minor items (throughout).
Definitions (Pages 9-24).
Removal of the Critical Areas regulations from the SMP and instead making reference
to the Critical Areas Ordinance, Chapter 16.10 ACC (Pages 43-48).
Regulations for nonconforming structures, uses, and lots (Pages 54-55).
Add a “modest home” provision that other jurisdictions have had luck with implementing.
Essentially it allows flexible development standards on nonconforming lots if the
footprint of the home, driveway, etc. are minimized and the buffers are enhanced or
maintained between the improvements and the river. (Pages 55-57).
Removing the duplicative administrative and permitting procedures from City Code
(Chapter 18.06 ACC) and retaining them within the SMP (Pages 85-93).
A copy of the final SMP document will be provided to the City Council after approval
from Ecology and final formatting.
Page 60 of 217
In addition to the required SMP updates, the City was also notified by Ecology and the
Dept. of Health (DOH) that changes to the City’s Critical Areas Ordinance, Chapter
16.10 ACC (sometimes referred to as the “CAO”) were needed. The complete
strikeout-underline version of the proposed changes are included as Exhibit B. In
summary, the proposed changes to the CAO are as follows (page location in
parenthesis):
Corrections, fixing references, and other minor items (throughout).
Updating the methodology used for wetland ratings/classifications from the 2004
Ecology guidance to the 2014 guidance, which is the most current (page 14).
Update the wetland and stream buffer width standards to reflect current Best Available
Science (BAS) based on Ecology studies (pages 18-20).
Update the stream classification system to the one developed by Washington State
Dept. of Natural Resources (DNR) (pages 20-21).
Add new exemption criteria for filling small, low-functioning, wetlands (page 24).
Update wetland replacement ratios to reflect current BAS (pages 27-29).
Update regulations for Critical Aquifer Recharge Areas; the current regulations only
offer specific protection to City wells, the proposed changes would then also apply to
the 16 other water purveyors that provide potable water to Auburn residents (pages 16-
17 & 32). The City’s GIS mapping layer would also be updated (note this map is only a
guide and each project requires a site-specific study to be completed, per ACC
16.10.050).
Planning Commission Review:
Beginning in July of 2018, the Planning Commission (PC) has participated in
discussions with City Staff on the proposed updates on ten separate occasions. The
documentation from these meetings have been available on the City’s dedicated SMP
update webpage at www.auburnwa.gov/smp as well as within the PC agenda packets. A
listing of dates and subjects for these meetings are as follows:
July 17, 2018 – Initial discussion of the proposed timeline for review of the SMP
updates.
September 5, 2018 – Introduction to the SMP and the required updates.
October 2, 2018 – Introduction to the SMP Environment Designations maps .
October 16, 2018 – Discussion on Ecology Update Checklist items and Public
Participation Plan.
April 2, 2019 – Discussion of required updates to the CAO that were identified by
Ecology and DOH.
May 7, 2019 – Review of Chapters 1-3 of the SMP, continued discussion of CAO
updates, and a presentation on wetlands and buffers by Ecology.
June 4, 2019 – Review of the first half of Chapter 4 of the SMP and CAO updates to
wetland and streams.
July 16, 2019 – Review of the second half of Chapter 4 and Chapters 5 & 6 of the SMP
and continued discussion of CAO updates.
August 7, 2019 – Review of CAO changes to Critical Aquifer Recharge Areas (CARA’s)
September 4, 2019 – Continued discussion of CAO changes to CARA’s.
October 8, 2019 – The public hearing for the changes is held and ends with the PC
Page 61 of 217
recommending approval to the City Council ,as presented.
Public Participation:
An early notice of updates to the SMP was distributed to stakeholders as identified in
the Public Participation Plan (dated 10/10/2018), no comments were received. A
combined SEPA Determination of Non-Significance (DNS), joint State (Ecology) and
local request for public comments, and notice of public hearing was distributed on
August 13, 2019 (City File No. SEP18-0026), with no comments received. In addition,
the public notice was posted on the City’s website as well as on the City’s Facebook
page.
Rev iewed by Council Committees:
Councilmember:DaCorsi Staff:Tate
Meeting Date:October 28, 2019 Item Number:
Page 62 of 217
--------------------------------
Ordinance No. 6733
October 14, 2019
Page 1 of 4 Rev. 2019
ORDINANCE NO. 6733
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATED TO THE SHORELINE
MASTER PROGRAM; AND AMENDING CHAPTER 16.10
ACC, AND REPEALING AND REENACTING 16.08 ACC.
WHEREAS, the Washington State Legislature has mandated that the City
periodically review its Shoreline Master Program (SMP) and update it as necessary
pursuant to the Shoreline Management Act (SMA), Chapter 90.58 RCW, and the
Shoreline Master Program Guidelines, WAC 173-26; and
WHEREAS, the Department of Ecology (Ecology) reviewed the City’s proposed
SMP changes and notified the City that changes to the Critical Areas Ordinance (CAO),
Chapter 16.10 ACC, were also needed for consistency with current Best Available
Science (BAS) for streams, wetlands, and their buffers. In addition the Department of
Health (DOH) recommended that the City’s Critical Aquifer Recharge Areas regulations
be updated to reflect current State rules and regulations; and
WHEREAS, a SEPA Determination of Nonsignificance (DNS) was issued on
August 13, 2019 for the proposed SMP and CAO updates; and
WHEREAS, the SMP and CAO updates have consisted of a joint review process
with Ecology pursuant to WAC 173-26-104. The process involved outreach to and
consultation with other agencies, tribes, and other interested groups. A joint public
comment period was also held with Ecology from August 13, 2019 through September
12, 2019. No comments were received; and
Page 63 of 217
--------------------------------
Ordinance No. 6733
October 14, 2019
Page 2 of 4 Rev. 2019
WHEREAS, the City notified the Washington State Department of Commerce of
the proposed amendments, per RCW 36.70A.106, on July 25, 2019 (for the SMP) and
July 22, 2019 (for the CAO). No comments were received; and
WHEREAS, the Planning Commission held a joint public hearing with Ecology on
October 8, 2019 and recommended adoption of the proposed updates to the City Council.
WHEREAS, the Growth Management Act in RCW 36.70A.480 provides that the
goals and policies of a local SMP shall be considered an element of a local government’s
comprehensive plan; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment of the Shoreline Master Program. The City’s
Shoreline Master Program (SMP) is amended to read as shown in Exhibit 1 of this
Ordinance, and an amended copy shall be on file with the office of the City Clerk.
Section 2. Amendment to City Code. Chapter 16.08 of the Auburn City Code,
Shoreline Management Administrative and Permitting Procedures, is repealed in its entity
and replaced with the following section:
“16.08.010 The Shoreline Management Administrative and Permitting Procedures are
uncodified and can be found in City’s Shoreline Master Program, Ordinance 6733, and
on file in the office of the City Clerk”.
Section 3. Amendment to City Code. Chapter 16.10 of the Auburn City Code,
Critical Areas, is amended to read as shown in Exhibit 2 of this Ordinance.
Section 4. Submission to Department of Ecology. The Director of
Community Development shall submit, according to RCW 90.58, the amended Shoreline
Page 64 of 217
--------------------------------
Ordinance No. 6733
October 14, 2019
Page 3 of 4 Rev. 2019
Master Program and associated documents to the Department of Ecology for its review
and approval prior to formal adoption.
Section 5. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 6. Severability. The provisions of this Ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this Ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this Ordinance, or the
validity of its application to other persons or circumstances.
Section 7. Effective date. Sections 1 and 2 of this Ordinance shall be effective
and in force 14 days after the notice date of the Department of Ecology final action, as
provided by RCW 90.58.090(7). Section 3 shall be effective and in force five days from
and after the passage, approval, and publication of this Ordinance as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
APPROVED AS TO FORM:
____________________________
Page 65 of 217
--------------------------------
Ordinance No. 6733
October 14, 2019
Page 4 of 4 Rev. 2019
Shawn Campbell, MMC, City Clerk Steven L. Gross, City Attorney
Published: ____________________
Page 66 of 217
Auburn Shoreline Master Program
Notice: The Auburn City Council adopted the updated Auburn Shoreline Master Program (SMP) on June
2, 2008, Ordinance number 6095. The SMP update was completed with the assistance of SMA Grant No.
G060103. In accordance with RCW 90.58, the State Shoreline Management Act, the City Council
adopted SMP must be forwarded to the Washington State Department of Ecology for final review and
approval prior to becoming effective. The 1974 City of Auburn Shoreline Management Master Program
remains in effect until such time that Department of Ecology approval of the Auburn SMP update is
issued.
Exhibit A - Ordinance No. 6733 Page 1 of 106
Page 67 of 217
Exhibit A - Ordinance No. 6733 Page 2 of 106
Page 68 of 217
Auburn Shoreline Master Program
i Draft August 5, 2019
TABLE OF CONTENTS
PREFACE ......................................................................................................................................... P-1
CHAPTER 1.0 DEFINITIONS ..................................................................................................... 1-1
1.1 Interpretation. ........................................................................................................ 1-1
1.2 Definitions. ............................................................................................................. 1-1
CHAPTER 2.0 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
2.2.1 Goals: ............................................................................................................................... 2-1
2.3 Circulation Element ................................................................................................. 2-1
2.3.1 Goal: ................................................................................................................................. 2-1
2.4 Recreation Element ................................................................................................. 2-1
2.4.1 Goals: ............................................................................................................................... 2-2
2.5 Shoreline Use Element ............................................................................................ 2-2
2.5.1 Goals: ............................................................................................................................... 2-2
2.6 Conservation Element ............................................................................................. 2-2
2.6.1 Goals: ............................................................................................................................... 2-2
2.7 Historical/Cultural Element ..................................................................................... 2-3
2.7.1 Goals: ............................................................................................................................... 2-3
2.8 Flood Prevention/Critical Areas Element: ................................................................ 2-3
2.8.1 Goals: ............................................................................................................................... 2-3
CHAPTER 3.0 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
3.3.1 Purpose: ........................................................................................................................... 3-2
3.3.2 Designation Criteria: ........................................................................................................ 3-2
3.3.3 Management Policies: ..................................................................................................... 3-2
3.4 Natural ................................................................................................................... 3-3
3.4.1 Purpose: ........................................................................................................................... 3-3
3.4.2 Designation Criteria: ........................................................................................................ 3-3
3.4.3 Management Policies: ..................................................................................................... 3-3
3.5 Shoreline environment descriptions, map, and boundaries. ..................................... 3-4
CHAPTER 4.0 SHORELINE MASTER PROGRAM POLICIES, DEVELOPMENT STANDARDS AND USE
REGULATIONS .............................................................................................. 4-64-1
4.1 Scope. ............................................................................................................... 4-64-1
4.2 Applicability. ...................................................................................................... 4-64-1
Exhibit A - Ordinance No. 6733Exhibit A - Ordinance No. 6733 Page 3 of 106
Page 69 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 ii
4.3 Interpretation. ................................................................................................... 4-74-2
4.3.1 Adoption Incorporation of additional regulations. ..................................................... 4-84-3
4.4 General Policies and Regulations ........................................................................ 4-84-3
4.4.1 Conservation and Restoration .................................................................................... 4-84-3
4.4.2 Shoreline Vegetation Conservation ............................................................................ 4-94-4
4.4.3 Environmental Impact Mitigation ............................................................................. 4-124-7
4.4.4 Critical Areas ............................................................................................................. 4-134-8
4.4.5 Critical Area Regulations Table ............................................................................... 4-154-10
4.4.6 Public Access (including views) ............................................................................... 4-214-16
4.4.7 Flood Hazard Reduction .......................................................................................... 4-224-17
4.4.8 Water Quality, Storm water and Non-Point Pollution ............................................ 4-234-18
4.4.9 Educational and Archeological Areas and Historic Sites ......................................... 4-244-19
4.4.10 Nonconforming Use and Development Standards ................................................. 4-264-21
4.5 Permitted Use Table ...................................................................................... 4-294-24
4.6 Shoreline Modification ................................................................................... 4-364-31
4.6.1 Prohibited Modifications ........................................................................................ 4-364-31
4.6.2 Dredging and Dredge Material Disposal ................................................................. 4-364-31
4.6.3 Piers and Docks ....................................................................................................... 4-374-32
4.6.4 Shoreline Stabilization (bulkheads and revetments) .............................................. 4-374-32
4.6.5 Clearing and Grading .............................................................................................. 4-394-34
4.6.6 Fill ............................................................................................................................ 4-404-35
4.6.7 Shoreline Habitat and Natural Systems Enhancement Projects ............................. 4-414-36
4.7 Shoreline Uses ............................................................................................... 4-414-36
4.7.1 Prohibited Uses ....................................................................................................... 4-414-36
4.7.2 Agriculture .............................................................................................................. 4-424-37
4.7.3 Aquaculture ............................................................................................................ 4-434-38
4.7.4 Boating Facilities ..................................................................................................... 4-444-39
4.7.5 In-Stream Structural Uses ....................................................................................... 4-444-39
4.7.6 Mining ..................................................................................................................... 4-454-40
4.7.7 Recreation ............................................................................................................... 4-454-40
4.7.8 Residential Development ........................................................................................ 4-474-42
4.7.9 Signs ........................................................................................................................ 4-494-44
4.7.10 Transportation ........................................................................................................ 4-504-45
4.7.11 Utilities .................................................................................................................... 4-524-47
CHAPTER 5.0 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 commissionPlanning Commission. ........................ 5-1
5.1.7 Burden of proof. .............................................................................................................. 5-1
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 6.0 SHORELINE MANAGEMENT ADMINISTRATIVE AND PERMITTING PROCEDURES .. 6-1
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16.08.010 Chapter purpose and intent............................................................................................. 6-1
16.08.015 Adoption of shoreline management procedures. ........................................................... 6-2
16.08.020 Definitions. ....................................................................................................................... 6-2
16.08.030 Administration and enforcement. ................................................................................... 6-2
16.08.040 Application – Generally. ................................................................................................... 6-3
16.08.050 Application – Notices. ...................................................................................................... 6-4
16.08.052 Statement of Exemption. ................................................................................................. 6-4
16.08.054 Application – Shoreline sSubstantial dDevelopment pPermit – Review criteria. ............ 6-5
16.08.056 Application – Shoreline cConditional uUse pPermit – Review criteria. .......................... 6-5
16.08.058 Application – Shoreline vVariance – Review criteria. ...................................................... 6-5
16.08.060 Application – Review criteria – Additional information. ................................................. 6-6
16.08.070 Development conformance burden of proof. ................................................................. 6-7
16.08.080 Application – Hearing – Required. ................................................................................... 6-7
16.08.090 Application – Hearing – Official conducting. ................................................................... 6-7
16.08.100 Application – Hearing – Continuance. ............................................................................. 6-7
16.08.110 Application – Hearing – Decision. .................................................................................... 6-7
16.08.120 Application – Hearing – Rules of conduct. ....................................................................... 6-7
16.08.130 Application – Decision final.............................................................................................. 6-7
16.08.140 Grant or denial decision – Notifications. ......................................................................... 6-8
16.08.150 Development commencement time. ............................................................................... 6-8
16.08.160 Termination or review and extension for nondevelopment. .......................................... 6-8
16.08.170 Conditions or restrictions authorized. ............................................................................. 6-8
16.08.180 Issuance limitations. ........................................................................................................ 6-8
16.08.190 Decision appeals. ............................................................................................................. 6-9
16.08.200 Rescission or modification. .............................................................................................. 6-9
16.08.210 Violation – Penalty. .......................................................................................................... 6-9
16.08.220 Administration rules promulgation. ................................................................................ 6-9
LIST OF FIGURES
Figure 1. Common-Line Setback . ........................................................................................................... 4-29
LIST OF TABLES
Table 1. Critical Area Regulations ................................................................................................... 4-164-11
Table 21. Permitted Use .................................................................................................................. 4-314-26
EXHIBIT A
Shoreline Environment Designation Maps
1. Overview Map (cityCity-wide)
2. Green River 1
3. Green River 2
4. Green River 3
5. Green River 4
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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. Critical Area Provisions in Shoreline Jurisdiction (Applicable Sections of ACC Chapter )
Appendix B. ACC Chapter Nonconforming Structures, Land and Uses
Appendix C. Geologic Hazard Report Submittal Requirements
Appendix D. Permit Data Sheet
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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 enjoy the physical and aesthetic qualities
of natural sShorelines of the sState 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 “sShorelines of sStatewide sSignificance”
or “sShorelines of the sState” 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 “sShorelines of sStatewide sSignificance.”
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 its first Shoreline Management Master Program on January 21, 1974. The
SMP provides both policies and regulations to govern development and other activities in the City’s
shorelines. The City’s municipal cCode also regulates shoreline development by requiring shoreline
substantial development permits. Chapter 16.08 of the city codeCity Code provides guidelines for
issuance of shoreline permits that implement the sState SMA.
In 2003, the sState lLegislature 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 hwas been prepared consistent with the SMA and its implementing guidelines.
The City’s SMP provides goals, policies, development regulations, and permitting procedures for
“sShorelines of the sState” in the cityCity of Auburn.
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Consistent with state guidelines (WAC 173-26-201, Comprehensive Process to Prepare or Amend
Shoreline Master Programs) athe first step in the comprehensive Master Program update process iwas
development of a shoreline inventory and characterization. The inventory and characterization
documentsed current shoreline conditions and providesd a basis for updating the City’s Master Program
goals, policies, and regulations. The characterization identifiesd existing conditions, evaluatesd existing
functions and values of shoreline resources, and exploresd opportunities for conservation and
restoration of ecological functions.
State guidelines also required 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.
During the development of the SMP update, which was adopted by the City Council on April 20, 2009
(Ordinance No. 6235), the City worked with a Citizen’s Advisory Committee for several months. Special
thanks gowent out to Committee members Don Payne, Terry Bonini, Planning Commissioner Judy
Roland, Mark Hancock, Ex-Councilmember Fred Poe, Sandra Lange, and Julie Herren.
RCW 90.58.080 and WAC 173-26-090 require the City to do a periodic update of the SMP every eight
years with the first update due in 2019 and then every eight years thereafter. The update directs the
City to review, and, if necessary, revise the SMP based on changes in local circumstances, new
information or improved data.
The City received a grant administered by the Washington State Department of Ecology (SMA Grant No.
SEASMP-1719-ACDPWD-00027) for up to $25,000 to assist with this update. The City used those funds
to hire The Watershed Company to assist with this update. City Staff worked with the Planning
Commission beginning in July of 2018 until a recommendation was made to the City Council on October,
8, 2019. The City Council adopted the SMP on November, 5, 2019 (Ordinance No. 6733) and final
approval from the Department of Ecology was received on xxx, xx, 2019.
A special thanks goes out to those who helped and participated in the 2019 periodic update of the SMP:
Mayor: Nancy Backus
City Council: Largo Wales Planning Commission: Judy Roland
Claude DaCorsi Joan Mason
Bill Peloza Roger Lee
Yolanda Trout-Manuel Dimitri Moutzouris
John Holman Phillip Stephens
Larry Brown Sunil Khanal
Bob Baggett Daniel Shin
City Staff: Jeff Tate, Director of Community Development
Jeff Dixon, Planning Services Manager
Thaniel Gouk, Senior Planner
Dustin Lawrence, Senior Planner
Alexandria Teague, Planner II
Consultant: The Watershed Company
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1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
CHAPTER 1.0 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 , Shoreline
Management Act); 3. Auburn City Code (definition appears elsewhere in ACC); 4. Auburn’s 1973 SMP;
and 5. Definition included as part of 2006-2009 SMP Update.
1.2 Definitions.
“Accessory Structure5” 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.
“Agriculture1”
A. "Agricultural aActivities1" means agricultural uses and practices including, but not limited to:
producing, breeding, or increasing agricultural products; rotating and changing agricultural crops;
allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left
unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse
agricultural market conditions; allowing land used for agricultural activities to lie dormant because
the land is enrolled in a local, state, or federal conservation program, or the land is subject to a
conservation easement; conducting agricultural operations; maintaining, repairing, and replacing
agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the
replacement facility is no closer to the shoreline than the original facility; and maintaining
agricultural lands under production or cultivation;
B. "Agricultural pProducts1" includes, but is not limited to, horticultural, viticultural, floricultural,
vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage
for livestock; Christmas holiday trees; hybrid cottonwood and similar hardwood trees grown as
crops and harvested within twenty years of planting; and livestock including both the animals
themselves and animal products including, but not limited to, meat, upland finfish, poultry and
poultry products, and dairy products;
C. "Agricultural eEquipment1" and "aAgricultural fFacilities1" includes, but is not limited to:
1. The following used in agricultural operations: Eequipment; machinery; constructed shelters,
buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal,
conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes,
canals, ditches, and drains;
2. Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within
agricultural lands;
3. Farm residences and associated equipment, lands, and facilities; and
4. Roadside stands and on-farm markets for marketing fruit or vegetables; and
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1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
D. "Agricultural lLand1, 5" means those specific land areas on which agricultural activities have been in
existence as of July 1, 1990 (the effective date of the Growth Management Act) as evidenced by
aerial photography or other documentation.
“Agricultural aActivities, eExisting and oOngoing5” means those activities conducted on agricultural
lands, and those activities involved in the production of crops and livestock. Such activity must have
been in existence as of July 1, 1990 (the effective date of the Growth Management Act). The definition
includes, but is not limited to, operation and maintenance of farm and stock ponds or drainage ditches,
irrigation systems, changes between agricultural activities or crops, and normal operation, maintenance
or repair of existing serviceable structures, facilities, or improved areas. Activities, which bring an area
into agricultural use from a previous nonagricultural use, are not considered part of an ongoing activity.
An operation ceases to be ongoing when the area on which it was conducted is proposed for conversion
to a nonagricultural use or has lain idle for a period of longer than five years, unless the idle land is
registered in a federal or state soils conservation program. Forest practices are not included in this
definition.
“Aquaculture5” is the farming or culturing of fishery resources in freshwater areas which may require
development of fish hatcheries, rearing pens, and structures, as well as use of natural spawning and
rearing areas. Activities include the hatching, cultivating, feeding, and raising of fisheries and the
maintenance and construction of necessary equipment, buildings and growing areas.
“Associated Wetlands1” 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.
"Best Management Practices5" means conservation practices or systems of practices and management
measures that:
1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins,
and sediment;
2. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to
the chemical, physical, and biological characteristics of waters, wetlands, and other fish and
wildlife habitats;
3. Control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw material.
"Bioengineering1" means project 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 Ramps5” are areas developed for boating ingress and egress.
“Boat hHouse5” 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.
“Breakwater5” means an offshore structure that is generally built parallel to shore that may or may not
be connected to land, and may be floating or stationary. Their primary purpose is to protect harbors,
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1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
moorages and navigation activity from wave and wind action by creating stillwater areas along shore. A
secondary purpose is to protect shorelines from wave caused erosion.
“Buffer Strip5” 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.
“Bulkhead5” means vertical structures erected parallel to and near the ordinary high water markOHWM
for the purpose of protecting adjacent uplands from erosion, other than newly created residential land,
from the action of waves or currents.
"Channel mMigration zZone (CMZ) 1" 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.
“Channelization5” means the straightening, deepening, or widening of a stream channel for the purpose
of increasing the stream’s carrying capacity.
“City5” means the City of Auburn.
“Commercial dDevelopments5” are means those uses involved in wholesale, and retail, service, trade or
business activities, including professional officestrade.
“Community Pier or Dock5" 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, Shoreline1” means a use, development, or substantial development which is classified
as a conditional use or is not classified within the mMaster pProgram.
“Critical Areas5" 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
Chapter 16.10 ACC, Ordinance No.5894).
“Critical Freshwater Habitats5” mean habitat areas associated with sShorelines of the sState 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.
“Dedication5” 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.
“Department1” means the Washington State Department of Ecology.
“Development1” 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 subject to this chapter at any state of water level.
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1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
“Development” does not include dismantling or removing structures if there is no other associated
development or redevelopment.
“Director5” means the Community Development Director of Planning, Building, and Community
Department for the City of Auburn or his/her assigned designee.
“Dock1, 5” 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.
“Dry Well5” means a pit filled with coarse rock or lined with crushed rock or gravel for use as a storm
disposal method.
“Dune mModification1” means the removal or addition of material to a dune, the reforming or
reconfiguration of a dune, or the removal or addition of vegetation that will alter the dune’s shape or
sediment migration.
“Educational and aArcheological sSites and hHistorical aAreas5” 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 rRemediation5" 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.
"Fill1" 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.
“Float5” 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 hHazard rReduction1” 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 Zone5” means an area inundated by the 100-year flood.
"Floodplain1" 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
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1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
area shall be based upon flood ordinance regulation maps or a reasonable method which meets the
objectives of the act.
“Floodway Fringe5” means the area outside the floodway but still in the flood hazard zone.
“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 floodway being identified, under normal
condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover
conditionthat has been established in effective Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Maps (FIRM) or floodway maps. The floodway shall does 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.
“Forest Land1, 5” means all land that is capable of supporting a merchantable stand of timber and is not
being actively used, developed, or converted in a manner that is incompatible with timber production.
“Forest Practices1, 5” means any activity conducted on or directly pertaining to forest land and relating to
growing, harvesting, or processing of timber; including, but not limited to: (1) road and trail
construction, (2) fertilization, (3) prevention and suppression of diseases and insects; or other activities
that qualify as a use or development subject to the Act. A forest practice that only involves timber
cutting is not a development under the act and does not require a shoreline substantial development
permit or a shoreline exemption. A forest practice that includes activities other than timber cutting may
be a development under the act and may require a substantial development permit, as required by WAC
222-50-020.
Excluded from this definition is preparatory work such as tree marking, surveying and removal of
incidental vegetation such as berries, greenery, or other natural products whose removal cannot
normally be expected to result in damage to shoreline natural features. Also excluded from this
definition is preparatory work associated with the conversion of land for non-forestry uses and
developments. Log storage away from forest land is considered Industrial.
“Gangway5” means a sloping structure that provides access from a pier to a float.
"Grading1" 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.
“Groin5” means a barrier type structure extending from back shore into the water, the purpose of which
is to interrupt sediment movement along the shore.
“Guidelines5” means those guidelines adopted pursuant to the Shorelines Management Act of 1971.
“Habitat iImprovement5” 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.
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1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
“Hazardous Substances1” means those wastes designated by WAC 173-340-200, and regulated as
hazardous substances by the Department of Ecology.
“Hearing Examiner5” 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 Board2” means the shorelines hearings board established by the Shoreline Management Act
of 1971.
"Height1" 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 mMaster pProgram specifically requires that such
appurtenances be included: provided further, that temporary construction equipment is excluded in this
calculation.
“Home- bBased dDaycare3 “ means a licensed daycare that regularly provides daycare for not more than
12 children or adults in the provider’s home in the family living quarters, for periods of less than 24
hours.
“Impervious Surface5” means those surfaces that do not allow the downward passage of water.
“Industrial dDevelopment3, 5” means facilities for manufacturing, assembling, fabricating, processing,
and storage of finished or semi-finished goods, including but not limited to basic wood processing,
enameling, galvanizing and electroplating, heavy equipment and truck repair, lumber yards, motor
freight terminals and transportation, warehousing and distribution facilities, construction contractors
services and material/equipment storage yards, wholesale trade, and log storage, together with
necessary accessory uses such as parking and loading. Excluded from this definition are mining, including
on-site processing of raw materials, solid waste storage and transfer facilities, primary utilities, and road
or railway development.
“In-sStream Structural Uses1” 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 supply, flood control, transportation, utility service
transmission, fish habitat enhancement, or other purpose.
“Interpretive Center5” means a facility containing artifacts, history and information about a site in the
immediate area.
“Jetties5” means structures that are generally perpendicular to shore extending through or past the
intertidal zone. They are built singly or in pairs at harbor entrances or river mouths mainly to prevent
shoaling or accretion from littoral drift in entrance channels, which may or may not be dredged. Jetties
also serve to protect channels from storm waves or cross currents, and stabilize inlets through barrier
beaches.
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1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
“Joint Use Pier or Dock5" 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.
“Landfill1, 5” is the creation of dry upland area by filling or depositing of sand, soil or gravel into a
shoreland/shoreline area.
“Launching Ramps5” means areas solely developed for boating ingress and egress.
“Levee, Dike5” means a broad embankment of earth built parallel with the river channel to contain flow
within the channel.
“Linear Access5” 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 Dredging1, 5” means dredging for the purpose of maintaining a prescribed minimum depth
of any specific waterway project.
“Master Program4” means the comprehensive sShoreline mMaster pProgram for the City of Auburn,
including the use regulations together with maps, diagrams, charts or other descriptive material and
text.
“May1” means the action is acceptable, provided it conforms to the provisions of WAC 173-26 and this
SMP.
“Mineral Resource Lands1” means lands primarily devoted to the extraction of minerals or that have
known or potential long-term commercial significance for the extraction of minerals.
“Mining5” 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 Loss5” 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 compliance with the provisions of this mMaster pProgram. In cases where
unavoidable loss results from allowed uses or developments, the standard is met through appropriate
mitigation, consistent with the provisions of this mMaster pProgram.
“Nonconforming Use and Development1” means an existing shoreline use or development which that
was lawfully constructed or established prior to the effective date of the act or the applicable master
program or amendments thereto, but which does not confiorm to present use regulations or standards
due to subsequent changes toof the master program.
“Nonconforming Development” or “Nonconforming Structure” means an existing structure that was
lawfully constructed at the time it was built but is no longer fully consistent with present regulations
such as setbacks, buffers or yards; area; bulk; height or density standards due to subsequent changes to
the master program.
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Page 81 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 1-8
1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
“Nonconforming Lot” means a lot that met dimensional requirements of the applicable master program
at the time of its establishment but now contains less than the required width, depth or area due to
subsequent changes to the master program.
“Non-water Related Uses5” 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 Maintenance1” means those usual acts to prevent a decline, lapse, or cessation from a lawfully
established condition. (See also, “Normal repair”.)
“Normal Repair1, 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 Plain5” means lowlands adjoining 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 Flood5” 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 markOHWM cannot be found, the ordinary high water markOHWM 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.
“Permit1” means a Substantial Development Permit, sShoreline cConditional uUse pPermit, or sShoreline
vVariance issued in compliance with the Shoreline Management Act of 1971 and the Shoreline Master
Program for City of Auburn.
“Person5” means an individual, partnership, corporation, association, organization, cooperative, public
or Municipal Corporation, or agency of the state or local governmental unit however designated.
“Pier5” 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 Access5” 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.
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1-9 Draft August 5, 2019
1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
“Private Recreational Pier or Dock5" 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 Habitat1" 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 eelgrass 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 Species1" 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 uUse5” 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 aAccess5” 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 Dock5" 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.
“Qualified consultant,” for purposes of these regulations, shall mean a person who has attained a
degree from an accredited college or university in the subject matter necessary to evaluate the critical
area in question (e.g., biology, ecology, or horticulture/arboriculture for wetlands, streams, wildlife
habitat, and geology and/or civil engineering for geologic hazards, and hydrogeologist for ground water
protection areas), and/or who is professionally trained and/or certified or licensed by the state of
Washington to practice in the scientific disciplines necessary to identify, evaluate, manage, and mitigate
impacts to the critical area in question. In addition, a qualified consultant for wetlands and streams must
be a professional wetland scientist with at least two years of full-time work experience as a wetlands
professional, including delineating wetlands using the federal manual and supplements, preparing
wetland reports, conducting function assessments, and development and implementing mitigation
plans.
“Railroad5” means a linear passageway for the movement of train passengers or freight.
“Recreation5” 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
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1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
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, multi-family 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 includes the creation of new residential lots through land division.
Residential development shall not include hotels, motels, or other transient housing or camping
facilities.
"Restoration1" means 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.
“Revetments5” 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 layers of smaller rock or filter cloth and “toe” protection.
A revetment typically slopes waterward and has rough or jagged 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.
“Road5” means a linear passageway, usually for motor vehicles. Bridges are roads which cross over
water.
“Shall1” means a mandate; the action must be done.
“Shorelands" or "Shoreland Areas2" means those lands extending landward for two hundred feet in all
directions as measured on a horizontal plane from the ordinary high water markOHWM; floodways and
contiguous floodplain areas landward two hundred feet from such floodways; 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 cityCity
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 extending landward
two hundred feet there from;
"Shoreline Areas" and "Shoreline Jurisdiction1" means all "sShorelines of the sState" and "shorelands" as
defined in this mMaster pProgram and RCW 90.58.030.
“Shoreline Habitat and Natural Systems Enhancement Projects1” means projects which include those
activities proposed and conducted specifically for the purpose of establishing, restoring, or enhancing
habitat for priority species in shorelines.
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Auburn Shoreline Master Program
1-11 Draft August 5, 2019
1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
"Shoreline Modifications1" 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 Significance2” means those shorelines described in RCW 90.58.030(2)(f).
“Shorelines2" 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 (iii) shorelines on
lakes less than twenty acres in size and wetlands associated with such small lakes.
“Shoreline Stabilization5” 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, logs, and/or rock is used to address erosion control and/or slope stability.
“Shoreline Stabilization, new1, 5” means the construction of hard or soft shoreline stabilization measures
along a property abutting the shoreline that does not have an existing shoreline stabilization measure.
Adding to an existing shoreline stabilization structure or increasing the size of an existing shoreline
stabilization structure are also considered new shoreline stabilization structures.
“Shoreline Stabilization, replacement1” means the construction of a new structure to perform a
shoreline stabilization function of an existing structure which can no longer adequately serve its
purpose. Additions to or increases in size of existing shoreline stabilization measures shall be considered
new structures.
“Should1” 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, Warning5” means a sign designed to warn pedestrians or vehicles of some imminent danger.
“Sign3, 5” means any device, structure, fixture or placard that is visible from 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.
“Signs5” are public displays whose purpose is to provide information, direction, or advertising.
“Single Use Pier or Dock5" means a dock or pier including a gangway and/or float intended for the
private noncommercial use of one individual or family.
“Single-family Residence1" 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 markOHWM and the perimeter of a
wetland. On a state-wide basis, normal appurtenances include a garage; deck; driveway; utilities; fences;
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Auburn Shoreline Master Program
Draft August 5, 2019 1-12
1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
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 markOHWM. 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 markOHWM.
“Solid wWaste dDisposal5” is the disposal of garbage, refuse and solid waste materials resulting from
domestic, agricultural and industrial activities, construction and demolition debris.
“Streamway5” 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 Development2" shall mean any development of which the total cost or fair market value
exceeds five seven thousand seven hundred and eighteen forty-seven dollars ($7,047) (or the value as
amended or adjusted for inflation per WAC 173-27-040(2)(a) / RCW 90.58.030 (3) (e)) or any
development which materially interferes with the normal public use of the water or sShorelines of the
sState; 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;
D. 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;
E. 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;
F.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
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Page 86 of 217
Auburn Shoreline Master Program
1-13 Draft August 5, 2019
1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
purpose of making use of system waters, including return flow and artificially stored ground water
for the irrigation of lands;
G.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;
H.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 system;
I.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.
J.I. The process of removing or controlling an aquatic noxious weed, as defined in 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 statement published by the department of
agriculture or the department jointly with other state agencies under Chapter 43.21C RCW.
K.J. Watershed restoration projects as defined herein. The City shall review the projects for consistency
with the sShoreline mMaster pProgram 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.
“Supportive hHousing3 “ means a multiple-family dwelling owned or sponsored by a nonprofit
corporation or government entity, designed for occupancy by individual adults that are either (A)
homeless or at risk of homelessness; (B) are experiencing a disability that presents barriers to
employment and housing stability; or (C) generally require structured supportive services to be
successful living in the community; is permitted at a greater unit density than otherwise allowed within
a particular zone; and is intended to provide long-term, rather than transitional, housing. Long-term
housing is approximately longer than two years, whereas transitional housing is no more than 18
months.
“Utilities, Primary5” are facilities which produce, store, collect, treat, carry, discharge, or transmit
electric power, water, storm drainage, gas, sewage, reclaimed water, communications, or other public
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Auburn Shoreline Master Program
Draft August 5, 2019 1-14
1 = WAC; 2 = RCW; 3 = ACC; 4 = 1973 SMP; 5 = 2009 SMP
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, Shoreline1” 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 cConservation1” 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 Uses1, 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 projects.
“Water Enjoyment Use1” 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 enjoyment 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 enjoy the physical and
aesthetic qualities of the shoreline. To qualify as water enjoyment, 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-enjoyment uses include viewing towers, parks, and educational/scientific reserves.
“Water Oriented Uses1” means any water dependent, water-related, or water enjoyment use.
“Water Related Uses1” 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 rRestoration pPlan1" means a plan, developed or sponsored by the department of fish and
wildlife, the department of ecology, the department of natural resources, the department of
transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a cityCity,
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 cChapter 43.21C 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:
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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 cChapter 757.2055 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
cChapter 70.105D RCW or to the dDepartment of eEcology when it conducts a remedial action
under cChapter 70.105D RCW. The department shall, in consultation with the appropriate local
government, assure that such projects comply with the substantive requirements of cChapter 90.58
RCW, cChapter 173-26 WAC and the local master program.
“Watershed rRestoration pProject1" 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 project 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;
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 markOHWM of the stream.
“Weirs5” means a structure in a stream or river for measuring or regulating stream flow.
“Wetlands1” 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, bogs, 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 created to mitigate the
conversion of wetlands.
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“Width5” 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 cityCity 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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Auburn Shoreline Master Program
2-1 Draft August 5, 2019
CHAPTER 2.0 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.
2.2.1 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.
2.3.1 Goal:
1. 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.
2.4 Recreation Element
The Recreation element addresses the preservation and expansion of recreational opportunities by
means of acquisition, development and by other means.
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2.4.1 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.
2.5.1 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 sStatewide 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.
2.6.1 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.
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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.
2.7.1 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.
2.8.1 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 cCritical aAreas oOrdinance.
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Exhibit A - Ordinance No. 6733 Page 28 of 106
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Auburn Shoreline Master Program
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CHAPTER 3.0 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 cityCity’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 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:
1. 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 multi-family residential development or are
planned and platted for residential development.
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3.2.3 Management Policies:
The following management policies should apply to all shorelines in the Shoreline Residential
Environment:
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.
Multi-family and multi-lot residential and recreational developments should provide public access
and joint use for community recreational facilities where appropriate.
Access, utilities, and public services should be available and adequate to serve existing needs and/or
planned future development.
3.3 Urban Conservancy
3.3.1 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 consistent with the Comprehensive Plan.
3.3.2 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.
3.3.3 Management Policies:
The following management policies should apply to all shorelines in the Urban Conservancy
Environment:
1. Primary allowed uses and their associated development standards should 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. 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 conservancy" designation. These
standards 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.
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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
3.4.1 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.
3.4.2 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.
3.4.3 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:
a. Commercial uses.
b. Industrial uses.
c. Non-water-oriented recreation.
d. Roads, utility corridors, and parking areas that can be reasonably located outside of
"Natural" designated shorelines.
3. Single-family residential use may be allowed on properties designated as "Natural" if the density
and lot configuration can accommodate such use by maintaining portions of the property in
shoreline jurisdiction in a natural condition, 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.
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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 eEnvironment dDescriptions, mMap, and bBoundaries.
A. The following “Shoreline Environment Descriptions” shall constitute the official descriptions of the
limits of all cityCity 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 cityCity. The use of “left bank” and “right bank” refers
to facing downstream. Uses or activities (i.e. utility lines, boating facilities, aquaculture, in-stream
structures, and transportation facilities) that extend waterward of the OHWM would be governed
by the associated upland shoreline environment designation. 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 cityCity 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 cityCity limits in the SE quarter, Section
17, Township 21 N, Range 5 E, Willamette Meridian.
2. Urban Conservancy.
a. Left bank, limits of shoreline jurisdiction within the cityCity 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 cityCity limits in the NW quarter,
Section 17, Township 21 N, Range 5 E, Willamette Meridian to the northern cityCity limits.
c. Left bank, from 26th Street NE to the northern cityCity limits.
3. Shoreline Residential.
a. Left bank, from 2nd Street SE to 26th Street NE.
White River
1. Natural.
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a. Left bank, limits of shoreline jurisdiction from southern cityCity 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 cityCity 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
cityCity limits.
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 cityCity 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.
1. 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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CHAPTER 4.0 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, as 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 and this SMP, 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 seven thousand seven hundred and eighteen forty-seven dollars
($57,718047), or the value as amended or adjusted for inflation per WAC 173-27-040(2)(a) / RCW
90.58.030 (3) (e), or any development which materially interferes with the normal public use of the
water of the sShorelines of the sState 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 markOHWM; 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.
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 sShoreline mMaster pProgram.
C. Developments not required to obtain shoreline permits or local reviews.
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Requirements to obtain a substantial development permit, conditional use permit, variance, letter
of exemption, or other review to implement the Shoreline Management Act do not apply to the
following:
1. Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a
facility pursuant to a consent decree, order, or agreed order issued pursuant to Chapter 70.105D
RCW, or to the Ddepartment of Eecology when it conducts a remedial action under Chapter
70.105D RCW.
2. Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, any
person installing site improvements for storm water treatment in an existing boatyard facility to
meet requirements of a Nnational Ppollutant Ddischarge Eelimination Ssystem storm water
general permit.
3. WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356, Washington
State Department of Transportation projects and activities meeting the conditions of RCW
90.58.356 are not required to obtain a substantial development permit, conditional use permit,
variance, letter of exemption, or other local review.
4. Projects consistent with an environmental excellence program agreement pursuant to RCW
90.58.045.
5. Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to
Chapter 80.50 RCW.
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 cityCity, 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. The word “should” means that the particular action is
required unless there is a demonstrated, compelling reason, based on policy of the Shoreline
Management Act, WAC 173-26, and this SMP, against taking the action. The word “may” means
the action is acceptable; provided it conforms to the provisions of WAC 173-26 and this SMP.
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
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determine that a proposed use is unclassified per the Master Program (neither prohibited nor included
in a particular shoreline environment). The 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 cConditional uUse pPermit (CUP) process described in WAC 173-27-160.
4.3.1 Adoption Incorporation of additional regulations.
A. Applicable provisions of ACC Chapter 16.10 ACC (per Ordinance No. 6733 – 2019 adoption),
Critical Areas are herein incorporated into this mMaster pProgram and included in Appendix A.
B. The regulations of ACC Chapter 18.54 ACC, Nonconforming Structures, Land and Uses are herein
incorporated into this mMaster pProgram and included in Appendix B.
4.4 General Policies and Regulations
The following general policies and regulations apply to all sShorelines of the sState that are located in
Auburn, regardless of the specific shoreline environment designation in any one location.
4.4.1 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 King County Flood
Control Zone District, Pierce County 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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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.
4.4.2 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 per the regulations established in 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. Improvements that are part of an approved enhancement, restoration or mitigation plan
b. New public roads and bridges, where no feasible alternative location exists
c. Utilities and accessory structures, where no feasible alternative location exists
d. Foot trails constructed according to the following criteria:
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
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iv. Located within the outer half of the shoreline buffer, i.e. the portion of the
buffer that is farther away from the stream.
e. Footbridges
f. Education facilities, such as viewing platforms and informational signs
g. Water-oriented uses
h. Replacement or rehabilitation of existing levees
i. Under residential development regulations, approved docks, floats, buoys, bulkheads,
launching ramps and similar structures are exempt from the setback.
3. Pursuant to ACC 18.50.06045, “General landscape requirementsPreservation of significant
trees”, all significant trees shall be retained and made part of the landscape plan, as applicable.
Pursuant to ACC 18.50.03045, “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. Any pruning of trees or shrubs shall be for the purpose of maintaining the tree or shrub in a
healthy growing condition and/or to enhance its natural growing form. Excessive pruning of
trees or shrubs that adversely affects the healthy living condition of the plant or excessively
damages the natural growing form of the plant shall be prohibited; unless such pruning is done
to alleviate documented public health and safety concerns.
5. 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.
6. 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”.
7. 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.”
8. 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.
9. 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,
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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
cityCity Engineering Ddesign and Cconstruction sStandards.
10. Should a development create unavoidable impacts adverse to shoreline vegetation located
within the shoreline jurisdiction, mitigation shall be required. Mitigation shall ensure that there
will be 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 #45 of this section 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 4.4.3., “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.
11. 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.
12. 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.
13. For lawns and other vegetation maintained within shoreline jurisdiction, the use of 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,
“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.
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4.4.3 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 ACC 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.
Regulations
1. To the extent Washington's State Environmental Policy Act of 1971 (SEPA), cChapter 43.21C
RCW, is applicable, the analysis of environmental impacts from proposed shoreline uses or
developments shall be conducted consistent with the rules implementing SEPA (ACC Chapter
16.06 ACC 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;
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. 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
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Auburn Shoreline Master Program
4-13 Draft August 5, 2019
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.
4.4.4 Critical Areas
Policies
1. 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.
2. Allow activities in critical areas that protect and, where possible, restore the ecological functions
and ecosystem-wide processes of the City’s shorelines.
3. Preserve, protect, restore and/or mitigate wetlands critical areas within and associated with the
City’s shorelines to achieve no net loss of wetland area and wetlandshoreline ecological
functions.
4. Developments in shoreline areas that are identified as geologically hazardous areas, or pose a
foreseeable risk to people and improvements during the life of the development, should not be
allowed.
Regulations
1. Provisions of the City of Auburn Critical Areas Ordinance, as codified in Chapter 16.10 ACC (per
Ordinance No. 6733) are herein incorporated into this master program except as noted below:
a. If there are any conflicts or unclear distinctions between the Shoreline Master Program and
the Critical Areas standards as part of the Master Program, the requirements that are the
most consistent with the SMA or its WAC provisions shall apply, as determined by the
DirectorCity and Section 4.3 of this SMP.
b. Provisions of the Critical Areas standards that are not consistent with the Shoreline
Management Act (Chapter, 90.858 RCW), and supporting Washington Administrative Code
chapters shall not apply in shoreline jurisdiction.
c. The provisions of Auburn’s Critical Areas standards do not extend shoreline jurisdiction
beyond the limits specified in this SMP. For regulations addressing critical area buffer areas
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Auburn Shoreline Master Program
Draft August 5, 2019 4-14
that are outside shoreline jurisdiction, see Auburn’s Critical Areas OrdinanceChapter 16.10
ACC.
d. When definitions per ACC 16.10.020 “Definitions” conflict with SMP definitions per Chapter
1, SMP definitions shall apply.
e. ACC 16.10.030 “Applicability – Regulated activities” shall not apply within the shoreline
jurisdiction. Determining which activities are regulated shall be governed by this Master
Program.
f. Activities that are exempt from the provisions of Auburn’s Critical Areas Ordinance per ACC
16.10.040 “Exemptions and nonconforming uses” shall not apply within the shoreline
jurisdiction. Determining which activities are exempt shall be be governed by this Master
Program and WAC 173-27-040.
g. Provisions of Auburn’s Critical Area Ordinance that include a “reasonable use
determination” shall not apply within shoreline jurisdiction. Specifically,
i. References to reasonable use in Section ACC 16.10.100 “Alteration or
development of critical areas – Standards and criteria” shall not apply; and
ii. Section ACC 16.10.150 “Reasonable use provision” shall not apply.
In the event an applicant wishes to adjust standards and provisions for designated critical
areas per the Reasonable Use Exception under ACC 16.10.150, such application shall be
processed as a Shoreline Variance Permit process, per the provisions of this SMP and WAC
173-27, Shoreline Management Permit and Enforcement Procedures.
h. Provisions of Auburn’s Critical Areas Ordinance relating to variance procedures and criteria
do not apply within the shoreline jurisdiction. Within the shoreline jurisdiction, the purpose
of a variance permit is strictly limited to granting relief from specific bulk, dimensional or
performance standards set forth in the applicable Shoreline mMaster pProgram where
there are extraordinary circumstances relating to the physical character or configuration of
property such that the strict implementation of the Shoreline mMaster pProgram will
impose unnecessary hardships on the applicant or thwart the policies set forth in RCW
90.58.020. Specifically,
i. References to variances in Section ACC 16.10.090 “Buffer areas and setbacks”
shall not apply; and
ii. ACC section 16.10.160 “Variances” shall not apply. Variance procedures and
criteria shall be established in this SMP, Chapter 6, and in WAC 173-27-170.
i. ACC 16.10.170 “Special exception for public agencies and utilities” shall not 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
AreasAquifer Recharge Areas, Geologically Hazardous 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.
3. Proponents of development in shoreline areas that may impact Ggeologically Hhazardous areas,
as defined and designated in the Critical Areas Ordinance (Chapter 16.10 ACC), critical areas
must submit a gGeologictechnical hazard rReport that complies that is prepared consistent with
Exhibit A - Ordinance No. 6733 Page 42 of 106
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Auburn Shoreline Master Program
4-15 Draft August 5, 2019
Chapter 16.10 ACC and the City of Auburn Engineering Design Standardsthe submittal
requirements provided in Appendix C.
4.4.5 Critical Area Regulations Table
The following table provides a summary of standards and provisions per ACC “Critical Areas.” The table
is only meant to serve as a reference; applicable provisions ACC (included as Appendix A) should be
consulted directly to determine the full extent of the regulation. Per ACC , 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.
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Auburn Shoreline Master Program
Draft 4-16
Table 1. Critical Area Regulations
Critical Area Minimum Buffer
Width
Maximum Buffer
Width
How to Measure Buffer
Width Buffer Composition
Buffer
Averaging/Width
Reduction
Class I Streams
100 feet (Urban
Conservancy and
Shoreline Residential)
200 feet (Natural)
Buffer width may be
increased by the
Director by up to a
maximum of 50%
pursuant to ACC
(E)(2)(b)
The buffer shall be
measured from the
ordinary high water
mark.
Buffers shall typically
consist of an
undisturbed area of
native vegetation
retained or established
to achieve the purpose
of the buffer. No
buildings or structures
shall be allowed within
the buffer unless as
otherwise permitted by
ACC or the Master
Program. If the site has
previously been
disturbed, the buffer
area shall be
revegetated pursuant
to an approved
enhancement plan.
Buffer averaging is not
permitted
Buffer widths may be
reduced by up to 35%
provided the applicant
demonstrates that a
reduction will not result
in any adverse impact
to the stream.
Enhancement of the
buffer may be required.
Buffer width reduction
must comply with ACC
(E)(1).
Wetlands The buffer shall be
measured perpendicular
from the wetland edge as
delineated and marked in
the field using the 1997
Washington State
Wetlands Identification
Manual.
Buffer width averaging
may be allowed
provided the total area
contained within the
buffer after averaging is
no less in area than
contained within the
standard buffer prior to
averaging, where such
reduction shall not
result in greater than a
Category I 100 feet 200 feet
Category II 50 feet 100 feet
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Auburn Shoreline Master Program
4-17 Draft
Critical Area Minimum Buffer
Width
Maximum Buffer
Width
How to Measure Buffer
Width Buffer Composition
Buffer
Averaging/Width
Reduction
Category III 25 feet 50 feet
35 percent reduction in
the buffer width and
the applicant
demonstrates
compliance with ACC
(E)(1) Buffer Areas and
Setbacks.
Buffer width can be
reduced by up to 35%
provided the applicant
enhances or restores
the buffer. The
restoration or
enhancement would
have to meet
requirements per ACC
(E)(1) Buffer Areas and
Setbacks.
Category IV 25 feet 30 feet
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Auburn Shoreline Master Program
Draft 4-18
Critical Area Minimum Buffer
Width
Maximum Buffer
Width
How to Measure Buffer
Width Buffer Composition
Buffer
Averaging/Width
Reduction
Wildlife Habitat
Areas
Buffer widths shall be
determined by the
director based on the
following factors:
• species
recommendations of
the Department of Fish
and Wildlife;
• recommendations
contained in the
wildlife report and the
nature and intensity of
land uses and activities
occurring on the site
and on adjacent sites.
N/A N/A
Buffers shall typically
consist of an
undisturbed area of
native vegetation
retained or established
to achieve the purpose
of the buffer. No
buildings or structures
shall be allowed within
the buffer unless as
otherwise permitted by
ACC or the Master
Program. If the site has
previously been
disturbed, the buffer
area shall be
revegetated pursuant
to an approved
enhancement plan.
Buffer widths for critical
habitat areas may be
modified by averaging
buffer widths or by
enhancing or restoring
buffer quality.
Geologic Hazard
Areas
Required buffers may
vary in width. The
widths of the buffer
shall reflect the
sensitivity of the
geologic hazard area in
question and the types
and density of uses
proposed on or
adjacent to the
geologic hazard.
N/A
Geologic hazard area
buffers shall be
measured from the top
and toe and along the
sides of the slope.
Not permitted
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Auburn Shoreline Master Program
4-19 Draft
Critical Area Minimum Buffer
Width
Maximum Buffer
Width
How to Measure Buffer
Width Buffer Composition
Buffer
Averaging/Width
Reduction
Buffers shall typically
consist of an
undisturbed area of
native vegetation
retained or established
to achieve the purpose
of the buffer. No
buildings or structures
shall be allowed within
the buffer unless as
otherwise permitted by
ACC 16.10 or the
Master Program. If the
site has previously
been disturbed, the
buffer area shall be
revegetated pursuant
to an approved
enhancement plan.
Buffers shall typically
consist of an
undisturbed area of
Exhibit A - Ordinance No. 6733 Page 47 of 106
Page 113 of 217
Auburn Shoreline Master Program
Draft 4-20
Critical Area Minimum Buffer
Width
Maximum Buffer
Width
How to Measure Buffer
Width Buffer Composition
Buffer
Averaging/Width
Reduction
native vegetation
retained or established
to achieve the purpose
of the buffer. No
buildings or structures
shall be allowed within
the buffer unless as
otherwise permitted by
ACC 16.10 or the
Master Program. If the
site has previously
been disturbed, the
buffer area shall be
revegetated pursuant
to an approved
enhancement plan.
Exhibit A - Ordinance No. 6733 Page 48 of 106
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Auburn Shoreline Master Program
4-21 Draft August 5, 2019
4.4.64.4.5 Public Access (including views)
Policies
1. 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
1. 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;
d. Where a new multi-unit family residential development or land subdivision for more than
four parcels is proposed
e. Where a non-water-dependent use (including water-enjoyment and water-related use) is
proposed or,
f. 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. Environmental harm will result from the public access that cannot be mitigated; or,
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Auburn Shoreline Master Program
Draft August 5, 2019 4-22
e. 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).
4.4.74.4.6 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 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:
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Auburn Shoreline Master Program
4-23 Draft August 5, 2019
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 4.4.2 “Shoreline Vegetation Conservation” of the Master
Program and ACCChapter 16.10 ACC, “Critical Areas”.
5. Permanent structures placed within the 100-year floodplain shall be designed and constructed
in accordance with the requirements of ACC Chapter 15.68 ACC, “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.
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.
4.4.84.4.7 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.
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Auburn Shoreline Master Program
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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 4.4.2, “Shoreline Vegetation Conservation” and ACCChapter 16.10 ACC, “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.
5. Use of pesticides and fertilizers in or near shoreline jurisdiction shall conform to the following:
a. Pesticides applied using aerial spraying techniques within the shoreline jurisdiction,
including over water bodies or wetlands, shall be prohibited unless specifically permitted
under the Washington Departments of Agriculture or Ecology.
b. Pesticides, organic or mineral derived fertilizers, or other hazardous substances, if necessary
shall be restricted in accordance with: the state Department of Fish and Wildlife
Management Recommendations; the regulations of the state Department of Ecology as the
Environmental Protection Agency’s delegated authority and permitting body for the
application of pesticides and herbicides to the waters of Washington State; and pesticide
labels as per the authority of the state Department of Agriculture.
c. Pesticides shall be used, handled, and be disposed of in accordance with provisions of the
Washington State Pesticide Application Act (RCW 17.21) and the Washington State Pesticide
Act (RCW 15.587) to prevent contamination and sanitation problems.
4.4.94.4.8 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.
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Auburn Shoreline Master Program
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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.
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Auburn Shoreline Master Program
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4.4.104.4.9 Nonconforming Use and Development Standards
Policies
1. 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
1. Nonconforming structures.
a. 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.
a.b. Nonconforming structures and may be enlarged or expanded provided that said
enlargement meets the applicable provisions of the SMP. The proposed expansion shalldoes
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
usesstructures, unless a Shoreline Variance is obtained.
b.c. 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 nNonconforming single-family
residences that are located landward of the ordinary high water markOHWM 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.
2. 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.
a.d. 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.
b.e. In the absence of other more specific regulations, Aa 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:
i. No reasonable alternative conforming use is practical; and
ii. 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
iii. Meets WAC conditional use permit review criteria.
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 and the
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Shoreline Management Act and to assure that the use will not become a nuisance or a
hazard.
c.f. A nonconforming structure which is moved any distance must be brought as closely as
practicable into conformance with the Shoreline Master Program.
d.g. If a nonconforming development structure is damaged to an extent not exceeding seventy-
five percent of the replacement cost of the original developmentstructure, it may be
reconstructed to those configurations existing immediately prior to the time the
development structure was damaged, provided that application is made for the permits
necessary to restore the development structure within six monthstwo years of the date the
damage occurred, all permits are obtained and the restoration is completed within two
years of permit issuance.
2. Nonconforming uses.
a. Uses that were legally established and are nonconforming with regard to the use regulations
of the master program may continue as legal nonconforming uses.
b. In the absence of other more specific regulations in the master program, such uses shall not
be enlarged or expanded, except upon approval of a Shoreline Conditional Use Permit.
c. 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 unless re-establishment of the use is authorized through a
Shoreline Conditional Use Permit which must be applied for within the two-year period.
Water-dependent uses should not be considered discontinued when they are inactive due
to dormancy, or where the use includes phased or rotational operations as part of typical
operations. A use authorized pursuant to subsection (61)(e) of this section shall be
considered an allowed nonconforming use for purposes of this section.
3. Nonconforming lots.
a. 10. An nonconforming 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 City and so long as such development conforms to all other requirements
of the applicable master program and the Shoreline Management Act. New single-family
development on nonconforming lots shall meet the development standards established
in Section 4.7.8 of this SMP, except as provided in the following subsections (b-c).
b. Nonconforming lots – Modest Home Provision (development allowed without a variance).
New single-family development on a vacant legal lot within the shoreline jurisdiction that is
significantly encumbered by the shoreline buffer may be allowed without a Shoreline
Variance when:
i. There is no opportunity to consolidate lots under common ownership that will
alleviate the nonconformity; and
ii. The building area lying within the shoreline buffer and interior to the required side
yard and front yard setbacks is not more than 2,500 square feet for a single-family
residence, otherwise all the provisions of the SMP apply. Building area means the
Exhibit A - Ordinance No. 6733 Page 55 of 106
Page 121 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-28
entire area utilized to construct a single-family residence (including all appurtenances,
except driveways). A driveway shall not be more than 600 square feet and must be
located entirely on the landward side of all structures; and
iii. The residence is located in the least environmentally damaging location relative to the
shoreline and any critical areas, as determined by the Director after recommendation
by a qualified consultant; and
iv. The lot does not contain any critical geologic hazard areas as defined in Chapter 16.10
ACC; and
v. All structures are as far landward as possible and not closer than 30 feet from the
OHWM; and
vi. At least 80 percent of the buffer area between the structures and the shoreline
and/or critical area is maintained or enhanced to a naturally vegetated condition; and
vii. All single-family residences approved under this section shall not extend waterward of
the common-line setback/buffer (see the following and Figure 1 below), as
determined by the Director. The setback can be determined as follows:
1. Where there are existing legally established nonconforming residences that
encroach on the established setback within 200 feet of either side of the proposed
building footprint, the Director may reduce the required setback/buffer for the
single-family residence (see Figure 1 below). In such cases, the proposed
residence may be set back from the OHWM to a common line drawn between the
nearest corners of each adjacent residence closest to the lot (measured to the
residence’s foundation). The common line buffer does not include measurements
from appurtenant or accessory structure.
2. In those instances where only one existing non-conforming single-family residence
is within 200 feet of the proposed building footprint, the Director may reduce the
setback/buffer of the proposed structure to a line drawn between the nearest
corner of the existing adjacent residence and the nearest applicable setback for
the adjacent vacant parcel as measured at the intersection of the setback line and
the property line, as shown in Figure 1 below.
3. In no case shall the reduced setback/buffer applied be less than 30 feet landward
of the OHWM. In all cases, buffers shall meet the requirements of 4.4.9(3)(b)(vi),
above.
4. Any further setback/buffer reduction for non-conforming lots beyond what is
allowed in this section shall require approval of a Shoreline Variance.
Figure 1. Common-Line Setback.
Exhibit A - Ordinance No. 6733 Page 56 of 106
Page 122 of 217
Auburn Shoreline Master Program
4-29 Draft August 5, 2019
4.5 Permitted Use Table
The following table illustrates which shoreline modifications and shoreline uses are allowed or
prohibited in each shoreline environment. This table is intended for reference purposes only. Refer to
text sections of the SMP for all applicable provisions related to specific uses and modifications. If
information in the table conflicts with provisions in other parts of the SMP conflict, the provisions
contained in text sections of the SMP shall apply.
Exhibit A - Ordinance No. 6733 Page 57 of 106
Page 123 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-30
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
Exhibit A - Ordinance No. 6733 Page 58 of 106
Page 124 of 217
Auburn Shoreline Master Program
4-31 Draft August 5, 2019
Table 1. Permitted Use
Shoreline Modification or Use
Shoreline Environment Designations
Natural Urban Conservancy Shoreline Residential
Minimum Setbacks from OHWM 200-feet 100-feet 100-feet
Shoreline Modification
Breakwaters, jetties, groins, and
weirs
X X X
Dredging and Dredge Material
Disposal
P: For maintaining location,
depth, and width previously
authorized under this
program.
C: For habitat maintenance and
improvement and flood
protection in consultation
with the WDFW.
X: All other dredging and
disposal.
P: For maintaining location,
depth, and width previously
authorized under this program.
C: For habitat maintenance and
improvement and flood
protection in consultation with
the WDFW.
X: All other dredging activities.
P: For maintaining location, depth,
and width previously authorized
under this program.
C: For habitat maintenance and
improvement and flood
protection in consultation with
the WDFW.
X: All other dredging activities.
Dune modification X X X
Piers and Docks X X X
Structural flood hazard reduction
(dikes and levees)
C: Replacement or rehabilitation
of existing levees or dikes.
X: New levees or dikes.
P: Replacement or rehabilitation of
existing levees.
X: New levees or dikes.
P: Replacement or rehabilitation of
existing levees.
X: New levees or dikes.
Exhibit A - Ordinance No. 6733 Page 59 of 106
Page 125 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-32
Shoreline Modification or Use
Shoreline Environment Designations
Natural Urban Conservancy Shoreline Residential
Shoreline Stabilization
(Bulkheads and Revetments)
X P: If accessory to single-family
residence.
C: If not accessory to a single-
family residence.
P: If accessory to single-family
residence.
C: If not accessory to a single-family
residence.
Clearing and Grading P: If associated with allowed
shoreline development.
P: If associated with allowed
shoreline development.
P: If associated with allowed
shoreline development.
Fill C: For activities associated with
habitat restoration.
X: All other fills.
P: Fills at or above the OHWM or
the natural bank, whichever is
less if associated with allowed
shoreline development.
Fills extending waterward of
OHWM for restoration projects
only.
C: Fills extending waterward of
OHWM for water dependent
uses only..
P: Fills at or above the OHWM or
the natural bank, whichever is
less if associated with allowed
shoreline development.
Fills extending waterward of
OHWM for restoration projects
only.
C: Fills extending waterward of
OHWM for water dependent
uses only..
Shoreline Habitat and Natural
Systems Enhancement Projects
P P P
Shoreline Use
Exhibit A - Ordinance No. 6733 Page 60 of 106
Page 126 of 217
Auburn Shoreline Master Program
4-33 Draft August 5, 2019
Shoreline Modification or Use
Shoreline Environment Designations
Natural Urban Conservancy Shoreline Residential
Agriculture P: Existing and ongoing
agricultural activities.
X: All other agricultural activities.
P: Existing and ongoing agricultural
activities.
X: All other agricultural activities.
P: Existing and ongoing agricultural
activities.
X: All other agricultural activities.
Aquaculture C: Fish hatcheries and
associated facilities.
X: All other aquaculture activities
and uses .
C: Fish hatcheries and associated
facilities.
X: All other aquaculture activities
and uses .
X
Boating Facilities X P: Boat launching ramps open to
the public otherwise
prohibited.
P: Boat launching ramps open to
the public otherwise prohibited.
Commercial Development X X X
Forest Practices X X X
Industrial Development X X X
In-stream Structures C: Fish Hatcheries and
associated facilities.
C C
Mining X: New or expanded mining. X: New or expanded mining
C: Existing mining and related
activities.
X: New or expanded mining.
Exhibit A - Ordinance No. 6733 Page 61 of 106
Page 127 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-34
Shoreline Modification or Use
Shoreline Environment Designations
Natural Urban Conservancy Shoreline Residential
Recreation P: Unpaved bridle, bicycling and
hiking trails, including over
water pedestrian bridges;
viewpoints, including
interpretative viewpoints;
fishing access areas not
requiring structural facilities;
and pedestrian boardwalks.
X: Golf courses; ORV trails and
areas; resorts; high intensity
parks; walk-in campgrounds.
P: Paved and unpaved
bridle/bicycling/ walking trails,
interpretive viewpoints,
pedestrian boardwalks and
piers, pedestrian bridges, over
water, water-enjoyment uses,
golf courses, and incidental
retail activity in conjunction
with a public access pier.
C: Non-water related uses.
X: Walk in campgrounds, resorts,
off road vehicles (ORV) trails
P: Paved and unpaved
bridle/bicycling/walking trails,
interpretive viewpoints,
pedestrian boardwalks,
pedestrian bridges, over water.
C: Non-water related accessory
uses and water-enjoyment uses.
X: Golf courses, incidental retail
activity associated with a
recreational use, walk in
campgrounds, resorts, and off
road vehicles (ORV) trails.
Residential Developments P: Residential development and
land divisions are permitted
provided no improvements
are located within the
required buffer.
P: Uses commonly accessory to
single family residences.
C: New single-family residence1;
C: rResidential subdivisions;
multi-family residential
development.
P: New a single-family residence;
residential subdivisions; and uses
accessory to single family
residences.
C: Multi-family development.
Signs P: Warning signs, navigational
signs, and informational
signs.
X: Commercial signs.
P P
Permanent Solid Waste Storage
or Transfer Facilities
X X X
Transportation Facilities (Roads
and Bridges)
P P P
Exhibit A - Ordinance No. 6733 Page 62 of 106
Page 128 of 217
Auburn Shoreline Master Program
4-35 Draft August 5, 2019
Shoreline Modification or Use
Shoreline Environment Designations
Natural Urban Conservancy Shoreline Residential
Transportation Facilities
(Railroads)
X P: Pedestrian overpasses and
underpasses.
C: Relocation of existing tracks
landward of an existing right-
of-way with no expansion in
the number of tracks or
expansion of railroads within
the existing right-of-way.
X: Expansion of existing railroad
into new right of way and new
railroads.
P: Pedestrian overpasses and
underpasses.
C: Relocation of existing tracks
landward of an existing right-of-
way with no expansion in the
number of tracks or expansion of
railroads within the existing
right-of-way.
X: Expansion of existing railroad
into new right of way and new
railroads.
Utilities C: Underground linear utility
facilities and primary
conveyance facilities (pump
stations and pipelines), but
only when unavoidably
necessary to cross a body of
water; Storm drain outfalls.
X: Site-specific utility facilities
(i.e. sewage treatment plant,
water reclamation, electrical
substations); Linear utility
facilities except as listed
above.
P: Storm drain outfalls; primary
conveyance and distribution
facilities such as pipes and
pump stations; accessory utility
facilities to serve allowed
development.
C: Primary utilities such as
transmission facilities;
reclaimed water facilities;
potable water production;
wastewater treatment plant,;
and storm water storage or
treatment ponds.
X : Reclaimed water
discharge/application facilities.
P: Storm drain outfalls; primary
conveyance and distribution
facilities such as pipes and pump
stations; accessory utility
facilities to serve allowed
development.
C: Primary utilities such as
transmission facilities and storm
water storage and treatment
ponds.
X: Wastewater treatment plants;
reclaimed water facilities;
potable water production
facilities.
Unclassified Uses C C C
Exhibit A - Ordinance No. 6733 Page 63 of 106
Page 129 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-36
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.
4.6.1 Prohibited Modifications
The following shoreline modifications are prohibited in all shoreline environments unless addressed
separately in this sShoreline mMaster pProgram under another use:
1. Breakwaters, jetties, groins, and weirs;
2. Dune modifications; and
3. Piers and docks.
4.6.2 Dredging and Dredge Material Disposal
Policies
1. 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
1. 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 sShoreline cConditional uUse pPermit, 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.
Exhibit A - Ordinance No. 6733 Page 64 of 106
Page 130 of 217
Auburn Shoreline Master Program
4-37 Draft August 5, 2019
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 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 cConditional uUse pPermit and must show that the site will be suitable for uses
permitted for that shoreline environment.
4.6.3 Piers and Docks
Policies
1. 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 habitat 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.
4.6.4 Shoreline Stabilization (bulkheads and revetments)
Policies
1. 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 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.
Exhibit A - Ordinance No. 6733 Page 65 of 106
Page 131 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-38
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. 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.
3. 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.
4. 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.
5. Repair and maintenance shall maintain the aesthetic integrity of the existing structure.
6. 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.
7. 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.
The report 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.
8. 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.
9. Provided that regulation #8 has been met, the 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 to install
“soft” shoreline protection measures or bioengineering erosion control designs.
b. Second priority. The second priority for replacement of existing bulkheads or revetments
shall be to install “hard” shoreline protection measures only when “soft” measures would
Exhibit A - Ordinance No. 6733 Page 66 of 106
Page 132 of 217
Auburn Shoreline Master Program
4-39 Draft August 5, 2019
not provide adequate upland protection of existing structures or would pose a threat or risk
to adjacent property.
c. Third priority. The third priority for replacement of bulkheads or revetments shall be
landward of the existing bulkhead.
d. Fourth Priority. The fourth priority for replacement of existing bulkheads or revetments shall
be to replace in place (at the bulkhead’s existing location).
e. Fifth Priority. The fifth 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
fifth 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.
10. 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.
11. 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.
12. Bank protection material shall be clean and shall be of a sufficient size to prevent its being
washed away by high water.
13. 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.
14. Whenever feasible, trees and vegetation shading streams and rivers shall be retained when
riprap is placed.
4.6.5 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.
Exhibit A - Ordinance No. 6733 Page 67 of 106
Page 133 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-40
2. 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. 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 cityCity Engineering dDesign and cConstruction sStandards.
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.
5. Clearing invasive non-native shoreline vegetation listed on the King or Pierce 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.
4.6.6 Fill
Policies
1. Fill placed waterward of the OHWM should be prohibited and only allowed to facilitate water-
dependaent uses or restoration projects.
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. Fill placed waterward of the OHWM for restoration purposes, such as nourishment of shoreline
areas, shall be permitted.
4. Perimeters of cuts and fills shall be provided with vegetation, riprap, retaining walls, or other
approved means for slope protection.
Exhibit A - Ordinance No. 6733 Page 68 of 106
Page 134 of 217
Auburn Shoreline Master Program
4-41 Draft August 5, 2019
5. Fill materials shall not cause violation of water quality standards or otherwise be toxic to
humans or to fish and wildlife.
4.6.7 Shoreline Habitat and Natural Systems Enhancement Projects
Policies
1. 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
1. A shoreline habitat or natural systems enhancement project involving environmental
remediation activities shall not harm human health or the environment. Cleanup methods shall
not have significant negative impacts on 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 cityCity 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 use an ecosystem or landscape approach, integrate projects into
their surrounding shoreline environments and include greenbelts for species movement and
use.
3.4. The City may grant relief from shoreline master program development standards and use
regulations resulting from shoreline restoration projects within urban growth areas consistent
with criteria and procedures in WAC 173-27-215. “Shoreline restoration project" means a
project designed to restore impaired ecological function of a shoreline.
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 aeffects 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 goals and policies, the SMA, and the SMP. Even uses and activities that are
exempt from the requirements for a sShoreline sSubstantial dDevelopment pPermit must be consistent
with the policies and regulations of the SMP, the SMA, and its provisions.
4.7.1 Prohibited Uses
The following uses are prohibited in all shoreline environments unless addressed separately in this
sShoreline mMaster pProgram under another use:
Exhibit A - Ordinance No. 6733 Page 69 of 106
Page 135 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-42
1. Boat houses;
2. Commercial development;
3. Forest practices;
4. Industrial development;
5. New or expanded mining; and
6. Permanent solid waste storage or transfer facilities.
4.7.2 Agriculture
Policies
1. This Program allows for existing, ongoing agricultural activities while also maintaining shoreline
ecological functions and processes.
2. Agricultural activities that do not meet the definition for existing and ongoing agricultural
activities should not be allowed in the shoreline.
3. Appropriate farm management techniques and new development construction should be
encouraged to prevent contamination of nearby water bodies and adverse effects on valuable
plant, fish, and animal life from fertilizer, herbicides and pesticide use and application.
4. A vegetative buffer should be encouraged to be placed and maintained between agricultural
lands and water bodies or wetlands in order to reduce harmful bank erosion and resulting
sedimentation, enhance water quality, provide shade, reduce flood hazard, and maintain habitat
for fish and wildlife.
5. Public access to the shoreline should be encouraged where it does not conflict with agricultural
activities.
6. Proposals to convert agricultural uses to other uses should comply with all policies and
regulations established by the Comprehensive Plan and this Master Program for said uses and
should not result in a net loss of ecological functions.
Regulations
1. Existing and ongoing agricultural activities shall be permitted in all shoreline environment
designations. All other agricultural activities shall be prohibited.
2. Existing and ongoing agricultural activities are encouraged to provide a buffer of natural or
planted permanent native vegetation between areas of crops, grazing, or other agricultural
activity and adjacent waters, channel migration zones, and wetlands.
3. Farming of fin fish, shellfish and management of other aquatic products are subject to the
policies and regulations for Aquaculture under Section 4.7.3.
4. Erosion control measures shall conform to guidelines and standards established by the U.S. Soil
Conservation Service and the U.S. Department of Agriculture.
5. The application of agricultural chemicals shall prevent the direct runoff of chemical-laden waters
into water bodies. Adequate provision shall be made to minimize their entry into any body of
water. Shoreline waters shall not be used for livestock watering.
Exhibit A - Ordinance No. 6733 Page 70 of 106
Page 136 of 217
Auburn Shoreline Master Program
4-43 Draft August 5, 2019
6. Livestock waste shall be disposed in a manner that will prevent surface or ground water
contamination.
7. Conversion of agricultural uses to other uses shall comply with the provisions of ACC Chapter
16.10 ACC, Critical Areas and this Program for the proposed use.
4.7.3 Aquaculture
Policies
1. Aquaculture is a water-dependent use, and when consistent with control of pollution and
avoidance of adverse impacts to the environment and preservation of habitat for resident native
species, is an accepted use of the shoreline.
2. Development of aquaculture facilities and associated activities, such as hatcheries and fish
counting stations should assure no net loss to shoreline ecological functions or processes.
Aquacultural facilities should be designed and located so as not to spread disease to native
aquatic life, establish new non-native species which cause significant ecological impacts, or
significantly impact the aesthetic qualities of the shoreline.
3. Since locations for aquaculture activities are somewhat limited and require specific water
quality, temperature, oxygen content, and adjacent land use conditions, and because the
technology associated with some forms of aquaculture is still experimental, some latitude
should be given when implementing the regulations of this section, provided that potential
impacts on existing uses and shoreline ecological functions and processes are given due
consideration. Experimental aquaculture projects should be monitored and adaptively managed
to maintain shoreline ecological functions and processes.
Regulations
1. Development of aquaculture facilities shall be permitted as a conditional use in the Urban
Conservancy and Natural shoreline environments.
2. New upland aquaculture developments shall be screened from view from adjacent residential or
recreational areas by fences, berms, and/or vegetative buffers.
3. Reflected glare or direct light generated by aquaculture developments shall be minimized to the
greatest extent possible. Lighting fixtures shall be designed and hooded to prevent the light
source from being directly visible from outside the boundaries of the property.
4. The operators of aquaculture developments shall control odor through the proper storage and
disposal of feed and other organic materials and by maintaining a clean operation. A specific
plan for identifying and controlling odors shall be developed and approved as part of the permit
approval process.
5. Aquaculture that involves significant risk of cumulative adverse effects on water quality,
sediment quality, benthic and pelagic organisms, and/or wild fish populations through potential
contribution of antibiotic resistant bacteria, or escapement of nonnative species, or other
adverse effects on ESA-listed species shall not be permitted.
6. Aquaculture wastes shall be disposed of in a manner that will ensure strict compliance with all
applicable governmental waste disposal standards, including but not limited to the Federal
Exhibit A - Ordinance No. 6733 Page 71 of 106
Page 137 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-44
Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (RCW
90.48).
4.7.4 Boating Facilities
Policies
1. Boating facilities should not be allowed unless they are accessible to the general public or serve
a community.
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
1. Public boat launching ramps shall be permitted in the Urban Conservancy and Shoreline
Residential Environments. Other types of boating facilities shall be prohibited in Natural, 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 CodeChapter 18.50 ACC, “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”.
g. The boat launch shall be designed so that structures are aesthetically compatible with, or
enhance, existing shoreline features and uses.
4.7.5 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.
Exhibit A - Ordinance No. 6733 Page 72 of 106
Page 138 of 217
Auburn Shoreline Master Program
4-45 Draft August 5, 2019
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 cConditional uUse 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.
4.7.6 Mining
Policies
1. Limit mining activities near the shoreline to existing mining uses.
Regulations
1. New or expanded mining activities shall be prohibited.
2. Impacts to shorelines and water bodies due to existing mining operations upland of the
shoreline jurisdiction shall be minimized.
4.7.7 Recreation
Policies
1. 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.
Exhibit A - Ordinance No. 6733 Page 73 of 106
Page 139 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-46
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 markOHWM unless accessory use facilities are essentially water-oriented. These
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. At a minimum, plans shall meet the following:
a. Native vegetation zone strips and, if practical, shade trees shall be included in the
development. The City shall determine the maximum width necessary for buffer strips,
but in no case shall the buffer strip be less than 50 feet.
b. A chemical-free swath of at least 100 feet in width shall be established next to water
bodies and wetlands except that spot spraying for weed control is allowed on golf
courses.
c. Slow release fertilizers and herbicides are permitted outside the required chemical-free
swath. Liquid or concentrate application shall only be allowed for weed control spot
spraying.
d. Plans shall be consistent with Section 4.4.2., “Shoreline Vegetation Conservation” and
Section 4.4.8, “Water Quality, Storm water and non-point pollution” regulations of the
Master Program.
3. 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.
4. 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 dimensions, location of project components
on the site, intensity of use, screening, parking requirements, and setbacks, as deemed
appropriate to achieve this intent.
5. 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.
Exhibit A - Ordinance No. 6733 Page 74 of 106
Page 140 of 217
Auburn Shoreline Master Program
4-47 Draft August 5, 2019
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 sShoreline mMaster pProgram.
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.
4.7.8 Residential Development
Policies
1. New over-water residences, including floating homes, are not a preferred use and should be
prohibited.
2. New multi-unit family 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.
4. New residential developments and land divisions 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 ACC). In case of a discrepancy between the requirements of this Master Program and
the Zoning Code, or other regulations, consistency with the SMP, the SMA, and its provisions
shall prevail.
2. The creation of new lots shall be prohibited unless all of the following can be demonstrated.
a. A primary residence can be built on each new lot without any of the following being
necessary:
Exhibit A - Ordinance No. 6733 Page 75 of 106
Page 141 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-48
i. New structural shoreline stabilization;
ii. New improvements in the required shoreline buffer or required critical area
buffer;
iii. Causing significant vegetation removal that adversely impacts ecological
functions;
iv. Causing significant erosion or reduction in slope stability; and
v. Causing increased flood hazard or erosion in the new development or to other
properties.
b. Adequate sewer, water, access, and utilities can be provided.
c. The intensity and type of development is consistent with the City’s cComprehensive pPlan
and development regulations.
d. Potential significant adverse environmental impacts (including significant ecological impacts)
can be avoided or mitigated to achieve no net loss of ecological functions, taking into
consideration temporal loss due to development and potential adverse impacts to the
environment.
3. Channel mMigration zZones and floodplain areas should be avoided if possible when new
residential lots are being created.
4. 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 Program including the following 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. Adequate methods of erosion control will be utilized during and
after project construction.
b. Disturbance of established, native shoreline vegetation will be minimized.
c. 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.
5. Residential development over water including garages, accessory buildings, and boathouses
shall not be permitted unless otherwise specified in this chapter.
6. New multi-unit -family residential development, including the subdivision of land for more than
four parcels, shall include public access in conformance to with Section 4.4.6 “Public Access” and
the City’s public access planning.
7. The following lot coverage, setback and height limitations shall be applicable to residential
development in all shoreline environments:
a. 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.
b. Setbacks. All setbacks, with the exception of the setbacks from the ordinary high water
markOHWM, shall be as required by the City of Auburn Zoning Code or other City
regulations.
Exhibit A - Ordinance No. 6733 Page 76 of 106
Page 142 of 217
Auburn Shoreline Master Program
4-49 Draft August 5, 2019
c. The required Ssetbacks for buildings and structures on Shoreline Sites from the Ordinary
High Water MarkOHWM in the Urban Conservancy and Shoreline Residential environment
designations. The required setback for buildings and structures from the ordinary high water
shall be measured from the OHWM mark or lawfully constructed bulkhead or revetment,
whichever is further upland, shall be 100 feet except that the shoreline setback shall not
apply to approved docks, floats, buoys, bulkheads, launching ramps, and similar structures.
d. The required Ssetbacks for Shoreline Sites from the OHWM Ordinary High Water Mark in
the Natural environment designation. The required setback for buildings and structures
from the ordinary high water mark shall be 200 feet. Residential development is allowed on
property with a Natural designation, provided the lot size and configuration can
accommodate such use without locating buildings, structures, impervious surface, or other
improvements within the 200-foot setback.
8. 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 may limit the extent of
grading and clearing to the extent deemed necessary for the reasonable and necessary use of
the site or tract.
9. Height Limitations. The maximum height above average grade level of any residential building or
structure shall be 35 feet.
10. 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.
c. Fences shall not be constructed in the floodway.
i. For instances where a floodway boundary changes, existing legally permitted
established fences may be maintained and repaired in place. Replacement fences shall
be relocated outside of the floodway.
11. The following uses shall be permitted provided they are accommodated by residential facilities
and are allowed by the underlying zoning as a permitted use (i.e., does not require a
cConditional uUse Permit per the applicable zoning regulations):
a. Home based daycare; and
b. Supportive housing.
4.7.9 Signs
Policies
1. 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 Chapter 18.56 ACC,
(“Signs)”ity of Auburn Sign Code.
Exhibit A - Ordinance No. 6733 Page 77 of 106
Page 143 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-50
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.
4.7.10 Transportation
Policies
1. 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 Sshoreline 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.
Regulations
Roads & Bridges
1. 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 the water body.
e. That proposed bridges will be built high enough to allow the passage of debris and
anticipated high water flows.
f. 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:
Exhibit A - Ordinance No. 6733 Page 78 of 106
Page 144 of 217
Auburn Shoreline Master Program
4-51 Draft August 5, 2019
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 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.
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.
Exhibit A - Ordinance No. 6733 Page 79 of 106
Page 145 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-52
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.
4.7.11 Utilities
Policies
1. Utility facilities should be designed and located to assure no net loss of shoreline ecological
functions, preserve the natural landscape and vistas, preserve and 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
1. 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; including alternate
methods of crossing such as directional boring;
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;
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Page 146 of 217
Auburn Shoreline Master Program
4-53 Draft August 5, 2019
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 or diversions of water from any body of water
under shoreline management jurisdiction.
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 markOHWM 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;
Exhibit A - Ordinance No. 6733 Page 81 of 106
Page 147 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 4-54
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;
c. The storm water facility is designed to mimic and resemble natural wetlands and meets
applicable CountyCity 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.
Exhibit A - Ordinance No. 6733 Page 82 of 106
Page 148 of 217
Auburn Shoreline Master Program
5-1 Draft August 5, 2019
CHAPTER 5.0 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 sShoreline mMaster pProgram, i.e., the
shoreline use regulations and maps made a part thereof.
5.1.2 Amendments authorized.
The provisions of the sShoreline mMaster pProgram 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 cityCity council by ordinance
after a public hearing and report by the planning commissionPlanning 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 cityCity council requesting the planning commissionPlanning
Commission to set a matter for hearing and recommendation.
B. The adoption of a motion by the planning commissionPlanning Commission.
C. Application of one or more owners of property affected by the proposal.
D. A department or agency of the cityCity or governmental entity.
5.1.5 Applications required.
The Director shall prescribe the form(s) on which applications are made for amendments to the master
program use regulations and/or shoreline environment designation map.
Applications for amendments to the master program must satisfy the requirements of the State
Environmental Policy Act (Chapter 413.21C RCW and Chapter 197-11 WAC).
5.1.6 Public hearing required by planning commissionPlanning Commission.
Whenever an amendment to the use regulations and/or shoreline environment designation map is
initiated under Section 5.1.4 of this Master Program, the Planning Commission shall hold at least one
public hearing thereon, and notice of such hearing shall be given.
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
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Auburn Shoreline Master Program
Draft August 5, 2019 5-2
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 cCouncil.
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 City Ccouncil.
5.1.10 Transmittal to the Department of Ecology.
Subsequent to final action by the cCouncil 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 14 days after written notice of approval by the Department of Ecology is
obtained per WAC 173-26-110.
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Page 150 of 217
Auburn Shoreline Master Program
6-1 Draft August 5, 2019
CHAPTER 6.0 Shoreline Management Administrative and Permitting Procedures
The purpose of this chapter is to provide the administrative and permitting procedures for the SMP.
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 goals and policies, the SMA, and the SMP. Even uses and activities that are
exempt from the requirements for a shoreline substantial development permit must be consistent with
the policies and regulations of the SMP, the SMA, and its provisions.
The following provisions are codified in Chapter 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 Statement of Exemption.
16.08.054 Application – Shoreline substantial development permit – Review criteria.
16.08.056 Application – Shoreline conditional use permit – Review criteria.
16.08.058 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.
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.
16.081.010 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, Chapter 90.58 RCW; the State Department of Ecology
regulations and guidelines adopted as Chapters 173-26 and 173-27 WAC; the Auburn shoreline master
program attached to the ordinance codified in this chapter, together with amendments and/or additions
thereto, and to provide for the implementation of the policy and standards as set forth in the aforesaid
Exhibit A - Ordinance No. 6733 Page 85 of 106
Page 151 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 6-2
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. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987;
1957 code § 11.94.010.)
16.081.0152 Adoption of shoreline management procedures.
The city of Auburn hereby adopts by reference the following sections or subsections of Chapter 173-27
WAC, as amended, 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
(Ord. 6095 § 1, 2008.)
16.081.0203 Definitions.
As used in this chapter:
A. “Act” means the Shoreline Management Act of 1971 (Chapter 90.58 RCW) and state departmental
regulations pursuant thereto, including any amendments thereto.
B. “Committee” means the planning and community development committee of the city council.
CB. “Definitions by reference” means the definitions and concepts set forth in Chapter 6 of the
Auburn shoreline master program attached to the ordinance codified in this chapter, the Act (RCW
90.58.030), and state departmental definitions (WAC 173-27-030 and 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.
DC. “Director” means the director of the department of planning and community development of the
city, or his duly authorized designee. (Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987;
Ord. 4047 § 71, 1985; 1957 code § 11.94.020.)
16.081.0304 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 ensure 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 program, rules or regulations adopted pursuant thereto, and to otherwise enforce the
Exhibit A - Ordinance No. 6733 Page 86 of 106
Page 152 of 217
Auburn Shoreline Master Program
6-3 Draft August 5, 2019
provisions of this chapter and the Act. (Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4504 § 14, 1991;
Ord. 4225 § 1, 1987; 1957 code § 11.94.030.)
16.081.0405 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 173-27-180 including the following information:
A. Completed Joint Aquatic Resource Permit Application (JARPA) form.
B. Completed intake form from WAC 173-27-990, Appendix A – Shoreline Management Act Permit
Data Sheet and Transmittal Letter.
C. The name, address, phone number and e-mail address of the applicant. The applicant should be
the owner of the property or the primary proponent of the project and not the representative of the
owner or primary proponent.
D. The name, address, phone number and e-mail address of the applicant’s representative, if other
than the applicant.
E. The name, address, phone number and e-mail address of the property owner, if other than the
applicant.
F. 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.
G. 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.g.,
Puget Sound).
H. A general description of the proposed project that includes the proposed use or uses and the
activities necessary to accomplish the project.
I. A general description of the property as it now exists including its physical characteristics and
improvements and structures.
J. 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.
K. 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:
1. The boundary of the parcel(s) of land upon which the development is proposed.
2. 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.
3. 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.
4. A delineation of all wetland areas that will be altered or used as a part of the development.
5. A general indication of the character of vegetation found on the site.
Exhibit A - Ordinance No. 6733 Page 87 of 106
Page 153 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 6-4
6. 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.
7. Where applicable, a landscaping plan for the project.
8. 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.
9. Quantity, source and composition of any fill material that is placed on the site whether
temporary or permanent.
10. Quantity, composition and destination of any excavated or dredged material.
11. A vicinity map showing the relationship of the property and proposed development or use to
roads, utilities, existing developments and uses on adjacent properties.
12. Where applicable, a depiction of the impacts to views from existing residential uses and
public areas.
L. Copy of completed SEPA environmental checklist, declaration of nonsignificance 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.
M. The names, addresses and legal description for each parcel of property within 300 feet of the
exterior boundary of the subject property as shown by the records of the King County or Pierce County
assessor.
N. 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. 6095 § 1, 2008; Ord.
4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 72, 1985; 1957 code § 11.94.040(a).)
16.081.0506 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.
6095 § 1, 2008; 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).)
16.081.0526 Statement of Exemption.
Where development proposals in shoreline jurisdiction are subject to review, approval, and permitting
by a federal or state agency, the Director shall prepare a statement of exemption, addressed to the
applicant, the federal or state permitting agency, and Ecology. The letter shall indicate the specific
exemption provision from WAC 173-27-040 that is being applied to the development and provide a
summary of the analysis demonstrating consistency of the project with the Auburn SMP and the SMA.
Exhibit A - Ordinance No. 6733 Page 88 of 106
Page 154 of 217
Auburn Shoreline Master Program
6-5 Draft August 5, 2019
16.081.0547 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 (Chapter 90.58 RCW; Chapters 173-26
and 173-27 WAC).
B. The director may attach conditions to the approval of permits as necessary to assure consistency of
the proposal with the above criteria. (Ord. 6095 § 1, 2008.)
16.081.0568 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 project 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;
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;
6. That the proposed use is in the best interest of the public health, safety, morals or welfare;
and
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. (Ord. 6095 § 1, 2008.)
16.081.0589 Application – Shoreline vVariance – 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 ACC 16.08.080.
Exhibit A - Ordinance No. 6733 Page 89 of 106
Page 155 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 6-6
B. Pursuant to WAC 173-27-210, the criteria below shall constitute the minimum criteria for review
and approval of a sShoreline vVariance 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 Chapter 173-22 WAC, 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 enjoyed 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 Chapter 173-22 WAC, 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
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 Chapter 90.58 RCW 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 sShoreline vVariance consistent with WAC 173-27-200.
(Ord. 6095 § 1, 2008.)
16.081.0610 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. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1,
1987; 1957 code § 11.94.040(c).)
Exhibit A - Ordinance No. 6733 Page 90 of 106
Page 156 of 217
Auburn Shoreline Master Program
6-7 Draft August 5, 2019
16.081.07011 Development conformance burden of proof.
The burden of proving that the proposed development is consistent with the criteria set forth in this
chapter and the master plan for the city shall be on the applicant, plus the requirements pursuant to
Section 14(6) of the Act. (Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code §
11.94.040 (d).)
16.081.08012 Application – Hearing – Required.
A. The hearing examiner shall hold at least one public hearing on each application for a shoreline
substantial development permit, shoreline conditional use permit, or sShoreline vVariance 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.
6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.050(a).)
16.081.09013 Application – Hearing – Official conducting.
The public hearing required by ACC 16.08.080 shall be conducted by the hearing examiner. (Ord. 6095
§ 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.050(b).)
16.081.1400 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. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 §
74, 1985; 1957 code § 11.94.050(c).)
16.081.1510 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 Act and departmental regulations. (Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987;
Ord. 4047 § 75, 1985; 1957 code § 11.94.050(d).)
16.081.1620 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. 6095 § 1, 2008;
Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 76, 1985; 1957 code § 11.94.050 (e).)
16.081.1730 Application – Decision final.
The decision of the hearing examiner shall be the final decision of the city, unless appealed to the State
Shorelines Hearings Board, pursuant to ACC 16.08.190. On all applications the hearing examiner shall
render a written decision and transmit copies of such decision to persons who are required to receive
Exhibit A - Ordinance No. 6733 Page 91 of 106
Page 157 of 217
Auburn Shoreline Master Program
Draft August 5, 2019 6-8
copies of the decision pursuant to ACC 16.08.140. (Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 §
1, 1987; Ord. 4047 § 77, 1985; 1957 code § 11.94.050 (f).)
16.081.1840 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, shoreline conditional use
permit, or sShoreline vVariance aApplication 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. 6095 § 1, 2008; Ord. 4840 §
1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 78, 1985; 1957 code § 11.94.060(a).)
16.081.1509 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 have been terminated. (Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord.
4225 § 1, 1987; Ord. 4047 § 79, 1985; 1957 code § 11.94.060(b).)
16.081.1620 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. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code §
11.94.060(c).)
16.081.2170 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. 6095 § 1, 2008; Ord.
4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.060(d).)
16.081.18022 Issuance limitations.
Issuance of a substantial development permit does not obviate requirements for other federal, state
and county permits, procedures and regulations. (Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 §
1, 1987; 1957 code § 11.94.060(e).)
Exhibit A - Ordinance No. 6733 Page 92 of 106
Page 158 of 217
Auburn Shoreline Master Program
6-9 Draft August 5, 2019
16.081.19023 Decision appeals.
Any person aggrieved by the granting, denying or rescission of a substantial development permit by the
hearing 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
council’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. 6186 § 3, 2008; Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996;
Ord. 4225 § 1, 1987; Ord. 4047 § 80, 1985; 1957 code § 11.94.070.)
16.081.2400 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.
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.
6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 81, 1985; 1957 code § 11.94.080.)
16.081.2510 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. 6095 § 1, 2008; Ord. 4840 § 1,
1996; Ord. 4504 § 15, 1991; Ord. 4225 § 1, 1987; 1957 code § 11.94.090.)
16.081.2620 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. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; 1957 code § 11.94.100.)
Exhibit A - Ordinance No. 6733 Page 93 of 106
Page 159 of 217
Exhibit A - Ordinance No. 6733 Page 94 of 106
Page 160 of 217
Auburn Shoreline Master Program
Exhibit A Draft August 5, 2019
Exhibit A.
Shoreline Environment Designation Maps
1. Overview Map (cityCity-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
Exhibit A - Ordinance No. 6733 Page 95 of 106
Page 161 of 217
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37th St NW
21st St SE
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17th St SE 108th Ave SESE 320th St
3rd Ave SE46th
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116th Ave SE144th Ave SES 296th St
Algona Blvd N37th St SE
12th St SE55th Ave SMain
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4th St SE 104th Ave SEButte Ave3rd Ave SW M St NEB St NWSE Green Valley RdS 298th St
S 321st St
Pacific Ave SS 331s t S t
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Algona Blvd SMilwaukee Blvd SR St NESE 267th St
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30th St NW
14th St NE
SE 272nd St
SE 281st St
Pacific Ave NValentine AveBoundary Blvd
37th St NE
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Bridget Ave SER St NER St SEFrontage RdMilwaukee Blvd SSE 304th St
File name: working_SMParea.pdf
Created/last edited by: DNE
Date last updated: 10/18/06
Map data are the property of the sources listed below.
Inaccuracies may exist, and Adolfson Associates, Inc. implies no
warranties or guarantees regarding any aspect of data depiction.
SOURCE: City of Auburn GIS, 2006; King County GIS, 2006
SHORELINE ENVIRONMENT DESIGNATIONS
AUBURN SMP
AUBURN / KING COUNTY, WASHINGTONL:\ENVIR IMPACTS\2006 Projects\26053_AuburnSMPUpdate\GIS\working_SMPrarea.mxd010.5
Miles
Streams and Rivers
Regulated Shorelines include
the Green and White Rivers
-
Shoreline jurisdiction boundaries depicted on this map are approximate.
They have not been formally delineated or surveyed and are intended
for planning purposes only. Additional site-specific evaluation may be
needed to confirm/verify information shown on this map.
k
Shoreline Environment Designations
From WAC 173-26-211
Auburn Shoreline Master Program
Shoreline Environment Designations
Natural
Urban Conservancy
Shoreline Residential
City of Auburn Parcels
Auburn City Limits
County Boundary
Exhibit A - Ordinance No. 6733 Page 96 of 106
Page 162 of 217
##############################################################################################
#######################################
#######################################urn
entist
demy
r
City of
Auburn
Gre
e
n
R
i
v
e
r
Neely Bridge Natural Area
Green River Natural Area
Cameron ParkAcademy Dr SE35th
W
a
y SEWyman Dr144th Ave SE37th St SE
32nd St SE
33rd St SE
SE 364th St
O
rch
ard
St S
ELemon T re e L n
148th Ave SEMaple Dr
37th Pl SE
36th St SEO rchard P l SE35th Pl SE137th Pl SE3 7 th Pl S E
Green Valley Rd
File name: working_SMParea.pdf
Created/last edited by: DNE
Date last updated: 10/18/06
Map data are the property of the sources listed below.
Inaccuracies may exist, and Adolfson Associates, Inc. implies no
warranties or guarantees regarding any aspect of data depiction.
SOURCE: City of Auburn GIS, 2006; King County GIS, 2006; USGS Ortho Image, 2002
Green River 1
SHORELINE ENVIRONMENT DESIGNATIONS
AUBURN SMP
AUBURN / KING COUNTY, WASHINGTONL:\ENVIR IMPACTS\2006 Projects\26053_AuburnSMPUpdate\GIS\working_SMPrarea.mxd0 500 1,000250
Feet
Legend
Streams and Rivers
Regulated Shorelines include
the Green and White Rivers
-
Urban Conservancy
City Boundary
Parks
City of Kent
City of Auburn
Green
River 1
Green
River 2
Green
River 3
Green
River 4
White
River 1
White
River 2
White
River 3White
River 4
White
River 5
City of Kent
City of
PacificA ST SES
T
A
T
E
HW
Y
1
6
4STATE HWY 18124TH AVE SEAUBURN WAY N132ND AVE SER ST SESTATE HWY 516
M ST SEMAIN ST
SE 320TH ST
SE 312TH ST
C ST SWSE LAKE HOLM RDHARVEY
RDORAVETZ RD
SEHI
L
L
R
D
########Natural
Shoreline Residential
City of Auburn Parcels
City of Auburn Boundary
County Boundary
Shoreline jurisdiction boundaries depicted on this map are approximate.
They have not been formally delineated or surveyed and are intended
for planning purposes only. Additional site-specific evaluation may be
needed to confirm/verify information shown on this map.
k
Shoreline Environment Designations
From WAC 173-26-211
Auburn Shoreline Master Program Update
Shoreline Environment Designations
Exhibit A - Ordinance No. 6733 Page 97 of 106
Page 163 of 217
################################################################################################################################################
#
###################################################################
#
##
#####################################################################################################################################################################################################################################################################################################################
###########################################################################Green RiverCity of
Auburn
State Park - Auburn Narrows
Auburn Narrows Natural Area
Green River Trail Site
Auburndale Park
North Green River Park
Scootie Brown Park
Lea Hill Tennis Courts
Indian Tom Park
110th Ave SE108th Ave SEO St NE112th Ave SE4th St SEPike St NEE Main St
T St SERiverview Dr NE
111t
h Pl
S
E
4th St NE
V St SE104th
P
l
SE102nd Ave SEPike St SE107th Ave SE3rd St SE
5th St NE
SE 330th St
Henry
Rd
106th Ave SER Pl NE
U St NE106th Pl SE1st St NE
3rd St NE
112th Pl SE2nd St SE
2nd St NE
O St SEV St NESE 315th Pl
SE 313th St
Riverview Dr6th St NE
SE 315th St
SE 324th St
SE 3
2
0
t
h
St
SE
3
2
3
r
d
S
t
S St SESE 326th St109th Ave SESE 329th StPike Pl NE3rd Ct SE
V Pl SE
SE 325th PlT St NE7th St NE 110th Pl SEU St SESE 322nd St
SE 316th Pl
6th Pl NESE 32 7th St
SE 325th StR St NE12th St NE
108th Pl SESE 318th PlNE 12
th
P
l
Cedar Ln4th Pl SE1
0
7
t
h
P
l
S
E
Riv
e
r
v
i
ew
D
r
SE 318th Pl
T St SEU St SE107th Ave SE1st St NEO St NE112th Pl SE110th Pl SER St NE111th Pl SE6th St NE
SE 32 3rd St
T St NE4th St NE
104th Pl SEPike
S
t
NEPike Pl NE2nd St NE Riverv
iew
DrPike St NE4th St N E
T St NE104th Ave SE105th
P
l
SER St SER St NESE 320th St
E Main St 107th Pl SES
E
A
u
b
urn Black D
ia
m
ond R
dR St NEFile name: working_SMParea.pdf
Created/last edited by: DNE
Date last updated: 10/18/06
Map data are the property of the sources listed below.
Inaccuracies may exist, and Adolfson Associates, Inc. implies no
warranties or guarantees regarding any aspect of data depiction.
SOURCE: City of Auburn GIS, 2006; King County GIS, 2006; USGS Ortho Image, 2002
Green River 2
SHORELINE ENVIRONMENT DESIGNATIONS
AUBURN SMP
AUBURN / KING COUNTY, WASHINGTONL:\ENVIR IMPACTS\2006 Projects\26053_AuburnSMPUpdate\GIS\working_SMPrarea.mxd0 500 1,000250
Feet
Legend
Streams and Rivers
Regulated Shorelines include
the Green and White Rivers
-
Urban Conservancy
City Boundary
Parks
City of Kent
City of Auburn
Green
River 1
Green
River 2
Green
River 3
Green
River 4
White
River 1
White
River 2
White
River 3White
River 4
White
River 5
City of Kent
City of
PacificA ST SES
T
A
T
E
HW
Y
1
6
4STATE HWY 18124TH AVE SEAUBURN WAY N132ND AVE SER ST SESTATE HWY 516
M ST SEMAIN ST
SE 320TH ST
SE 312TH ST
C ST SWSE LAKE HOLM RDHARVEY
RDORAVETZ RD
SEHI
L
L
R
D
########Natural
Shoreline Residential
City of Auburn Parcels
City of Auburn Boundary
County Boundary
Shoreline jurisdiction boundaries depicted on this map are approximate.
They have not been formally delineated or surveyed and are intended
for planning purposes only. Additional site-specific evaluation may be
needed to confirm/verify information shown on this map.
k
Shoreline Environment Designations
From WAC 173-26-211
Auburn Shoreline Master Program Update
Shoreline Environment Designations
Exhibit A - Ordinance No. 6733 Page 98 of 106
Page 164 of 217
#####################################################################################################################################################################################################################################
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#
#
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################################
Auburn
Regional
Golf
Course
Auburn
Regional
Golf
Course
Green RiverCity of
Auburn
Brannan Park
Issac Evans Park
Green River Trail Site
North Green River Park
State Park - Auburn Narrows
Dykstra ParkI St NEJohn Reddington Rd22nd St NE
Riverv
ie
w Dr NEM St NE31st St NE
30th St NE
26th St NE
21st St
N
E
24th St NE
16th St NE
17th St NE
19th Dr NEPike St NEV S
t
NE20th St N
E
SE 304th St
L St NE18th St NE 104th Ave SEJ St NEK St NEN St NE22nd Way NE
28th St NE
106th Pl SE14th St NE
SE 304th Pl
O St NER St NE100th Ave SESE 300th St
SE 302nd St
Pike Pl NESE 301st StM Dr NESE 303rd Ct 106th Ave SEU St NE26th Pl NE18th Pl NEM Pl NE
Pike
Pl N
E
R St NEN St NEM St NE20th St NEM St NEM St NEI St NESE 304th St
21st St NEL St NEJ St NEK St
NE16th St NE
28th St NE
17th St NE
Pike
St
NE20th St NE 20th St NE
K St NE24th
S
t
N
EK St NEO St NEGr
e
e
n
R
i
ve
r
R
d
M St NE104th Ave SESE
30
7
t
h
P
l
22nd St NE SE 304th Way14th St NE
File name: working_SMParea.pdf
Created/last edited by: DNE
Date last updated: 10/18/06
Map data are the property of the sources listed below.
Inaccuracies may exist, and Adolfson Associates, Inc. implies no
warranties or guarantees regarding any aspect of data depiction.
SOURCE: City of Auburn GIS, 2006; King County GIS, 2006; USGS Ortho Image, 2002
Green River 3
SHORELINE ENVIRONMENT DESIGNATIONS
AUBURN SMP
AUBURN / KING COUNTY, WASHINGTONL:\ENVIR IMPACTS\2006 Projects\26053_AuburnSMPUpdate\GIS\working_SMPrarea.mxd0 500 1,000250
Feet
Legend
Streams and Rivers
Regulated Shorelines include
the Green and White Rivers
-
Urban Conservancy
City Boundary
Parks
City of Kent
City of Auburn
Green
River 1
Green
River 2
Green
River 3
Green
River 4
White
River 1
White
River 2
White
River 3White
River 4
White
River 5
City of Kent
City of
PacificA ST SES
T
A
T
E
HW
Y
1
6
4STATE HWY 18124TH AVE SEAUBURN WAY N132ND AVE SER ST SESTATE HWY 516
M ST SEMAIN ST
SE 320TH ST
SE 312TH ST
C ST SWSE LAKE HOLM RDHARVEY
RDORAVETZ RD
SEHI
L
L
R
D
########Natural
Shoreline Residential
City of Auburn Parcels
City of Auburn Boundary
County Boundary
Shoreline jurisdiction boundaries depicted on this map are approximate.
They have not been formally delineated or surveyed and are intended
for planning purposes only. Additional site-specific evaluation may be
needed to confirm/verify information shown on this map.
k
Shoreline Environment Designations
From WAC 173-26-211
Auburn Shoreline Master Program Update
Shoreline Environment Designations
Exhibit A - Ordinance No. 6733 Page 99 of 106
Page 165 of 217
#####################################################################################################################################################################################################################################################
#
#
#
#
#
#
#
####################################################################################################################################################################################################################################################################################################Auburn
Regional
Golf
Course Green RiverCity of
Auburn
Port Mitigation Site
Olsen
Creek
City of Kent
Olson Canyon
North Green River Park
Issac Evans Park Valentine RdJ ohn R
e
d
di
n
gt
o
n
R dS 277th St105th Ave SESE 281st St106th Ave SE45th St NE
SE 279th StGreen
R
ive
r
Rd
File name: working_SMParea.pdf
Created/last edited by: DNE
Date last updated: 10/18/06
Map data are the property of the sources listed below.
Inaccuracies may exist, and Adolfson Associates, Inc. implies no
warranties or guarantees regarding any aspect of data depiction.
SOURCE: City of Auburn GIS, 2006; King County GIS, 2006; USGS Ortho Image, 2002
Green River 4
SHORELINE ENVIRONMENT DESIGNATIONS
AUBURN SMP
AUBURN / KING COUNTY, WASHINGTONL:\ENVIR IMPACTS\2006 Projects\26053_AuburnSMPUpdate\GIS\working_SMPrarea.mxd0 500 1,000250
Feet
Legend
Streams and Rivers
Regulated Shorelines include
the Green and White Rivers
-
Urban Conservancy
City Boundary
Parks
City of Kent
City of Auburn
Green
River 1
Green
River 2
Green
River 3
Green
River 4
White
River 1
White
River 2
White
River 3White
River 4
White
River 5
City of Kent
City of
PacificA ST SES
T
A
T
E
HW
Y
1
6
4STATE HWY 18124TH AVE SEAUBURN WAY N132ND AVE SER ST SESTATE HWY 516
M ST SEMAIN ST
SE 320TH ST
SE 312TH ST
C ST SWSE LAKE HOLM RDHARVEY
RDORAVETZ RD
SEHI
L
L
R
D
########Natural
Shoreline Residential
City of Auburn Parcels
City of Auburn Boundary
County Boundary
Shoreline jurisdiction boundaries depicted on this map are approximate.
They have not been formally delineated or surveyed and are intended
for planning purposes only. Additional site-specific evaluation may be
needed to confirm/verify information shown on this map.
k
Shoreline Environment Designations
From WAC 173-26-211
Auburn Shoreline Master Program Update
Shoreline Environment Designations
Exhibit A - Ordinance No. 6733 Page 100 of 106
Page 166 of 217
White River
City of
Auburn
PIERCE COUNTY
KING COUNTY
SE 36
8th Pl
SE 368th St
148th Ave SE151st Ave SE55th St SE
Jordan Ave SESE 376th St
File name: working_SMParea.pdf
Created/last edited by: DNE
Date last updated: 10/18/06
Map data are the property of the sources listed below.
Inaccuracies may exist, and Adolfson Associates, Inc. implies no
warranties or guarantees regarding any aspect of data depiction.
SOURCE: City of Auburn GIS, 2006; King County GIS, 2006; USGS Ortho Image, 2002
White River 1
SHORELINE ENVIRONMENT DESIGNATIONS
AUBURN SMP
AUBURN / KING COUNTY, WASHINGTONL:\ENVIR IMPACTS\2006 Projects\26053_AuburnSMPUpdate\GIS\working_SMPrarea.mxd0 500 1,000250
Feet
Legend
Streams and Rivers
Regulated Shorelines include
the Green and White Rivers
-
Urban Conservancy
City Boundary
Parks
City of Kent
City of Auburn
Green
River 1
Green
River 2
Green
River 3
Green
River 4
White
River 1
White
River 2
White
River 3White
River 4
White
River 5
City of Kent
City of
PacificA ST SES
T
A
T
E
HW
Y
1
6
4STATE HWY 18124TH AVE SEAUBURN WAY N132ND AVE SER ST SESTATE HWY 516
M ST SEMAIN ST
SE 320TH ST
SE 312TH ST
C ST SWSE LAKE HOLM RDHARVEY
RDORAVETZ RD
SEHI
L
L
R
D
########Natural
Shoreline Residential
City of Auburn Parcels
City of Auburn Boundary
County Boundary
Shoreline jurisdiction boundaries depicted on this map are approximate.
They have not been formally delineated or surveyed and are intended
for planning purposes only. Additional site-specific evaluation may be
needed to confirm/verify information shown on this map.
k
Shoreline Environment Designations
From WAC 173-26-211
Muckleshoot Reservation
Auburn Shoreline Master Program Update
Shoreline Environment Designations
Exhibit A - Ordinance No. 6733 Page 101 of 106
Page 167 of 217
#######################Auburn
Adventist
Academy
Wh
i
t
e
R
i
v
e
r
W
City of
Auburn
Cameron Park
Stuck
R
ive
r
D
r
Maple Dr
Aca
d
e
m
y
Dr SE
32nd S t S E
47th St SE Wyman DrBridget Ave SEFoster Ave SE33rd St SE
137th Pl SEFile name: working_SMParea.pdf
Created/last edited by: DNE
Date last updated: 10/18/06
Map data are the property of the sources listed below.
Inaccuracies may exist, and Adolfson Associates, Inc. implies no
warranties or guarantees regarding any aspect of data depiction.
SOURCE: City of Auburn GIS, 2006; King County GIS, 2006; USGS Ortho Image, 2002
White River 2
SHORELINE ENVIRONMENT DESIGNATIONS
AUBURN SMP
AUBURN / KING COUNTY, WASHINGTONL:\ENVIR IMPACTS\2006 Projects\26053_AuburnSMPUpdate\GIS\working_SMPrarea.mxd0 500 1,000250
Feet
Legend
Streams and Rivers
Regulated Shorelines include
the Green and White Rivers
-
Urban Conservancy
City Boundary
Parks
City of Kent
City of Auburn
Green
River 1
Green
River 2
Green
River 3
Green
River 4
White
River 1
White
River 2
White
River 3White
River 4
White
River 5
City of Kent
City of
PacificA ST SES
T
A
T
E
HW
Y
1
6
4STATE HWY 18124TH AVE SEAUBURN WAY N132ND AVE SER ST SESTATE HWY 516
M ST SEMAIN ST
SE 320TH ST
SE 312TH ST
C ST SWSE LAKE HOLM RDHARVEY
RDORAVETZ RD
SEHI
L
L
R
D
########Natural
Shoreline Residential
City of Auburn Parcels
City of Auburn Boundary
County Boundary
Shoreline jurisdiction boundaries depicted on this map are approximate.
They have not been formally delineated or surveyed and are intended
for planning purposes only. Additional site-specific evaluation may be
needed to confirm/verify information shown on this map.
k
Shoreline Environment Designations
From WAC 173-26-211
Muckleshoot Reservation
Auburn Shoreline Master Program Update
Shoreline Environment Designations
Exhibit A - Ordinance No. 6733 Page 102 of 106
Page 168 of 217
#################################
#############################W
h
i
t
e
R
i
v
e
r
City of
Auburn
Shaughnessy Park
Game Farm Wilderness Park
Stuck River Dr Hemlock St SEFir St SE19th St SE
20th St SE
Dogwood St SEElm St SEGinko St SE22nd St SE
Noble Ct SE21st St SE Scenic DrDogwood Dr SE18th St SE
Poplar St SEForest Ridge Dr SE28th
St
S
E
19th Pl SE
Fir St SEElm St SEDogwood St SE19th St SE
21st St SE SE Green Valley RdFile name: working_SMParea.pdf
Created/last edited by: DNE
Date last updated: 10/18/06
Map data are the property of the sources listed below.
Inaccuracies may exist, and Adolfson Associates, Inc. implies no
warranties or guarantees regarding any aspect of data depiction.
SOURCE: City of Auburn GIS, 2006; King County GIS, 2006; USGS Ortho Image, 2002
White River 3
SHORELINE ENVIRONMENT DESIGNATIONS
AUBURN SMP
AUBURN / KING COUNTY, WASHINGTONL:\ENVIR IMPACTS\2006 Projects\26053_AuburnSMPUpdate\GIS\working_SMPrarea.mxd0 500 1,000250
Feet
Legend
Streams and Rivers
Regulated Shorelines include
the Green and White Rivers
-
Urban Conservancy
City Boundary
Parks
City of Kent
City of Auburn
Green
River 1
Green
River 2
Green
River 3
Green
River 4
White
River 1
White
River 2
White
River 3White
River 4
White
River 5
City of Kent
City of
PacificA ST SES
T
A
T
E
HW
Y
1
6
4STATE HWY 18124TH AVE SEAUBURN WAY N132ND AVE SER ST SESTATE HWY 516
M ST SEMAIN ST
SE 320TH ST
SE 312TH ST
C ST SWSE LAKE HOLM RDHARVEY
RDORAVETZ RD
SEHI
L
L
R
D
########Natural
Shoreline Residential
City of Auburn Parcels
City of Auburn Boundary
County Boundary
Shoreline jurisdiction boundaries depicted on this map are approximate.
They have not been formally delineated or surveyed and are intended
for planning purposes only. Additional site-specific evaluation may be
needed to confirm/verify information shown on this map.
k
Shoreline Environment Designations
From WAC 173-26-211
Muckleshoot Reservation
Auburn Shoreline Master Program Update
Shoreline Environment Designations
Exhibit A - Ordinance No. 6733 Page 103 of 106
Page 169 of 217
##################################################################################################################################################################
#
#
#
#
######################################################################################################################################################################################################################
#############White R
i
v
e
r
City of
Auburn
Auburn Game Farm Park
Game Farm Wilderness Park
Rotary Park - Auburn
Ballard Park
Stu ck Ri
v
er
D
r
33rd St SE
Or
a
v
e
t
z
R
d
36th St SE
35th St SE
Forest Ridge Dr SE
V St SET St SE27th St SE
25th St SE
31st St SE V Ct SEO St SE30th St S
E
37t
h
S
t
S
E
41st St SE Alpine St SERiverwalk Dr SEZ St SE37th Way SE
32nd St SE
29th St SE U St SEOlympic St SEHoward Rd
26th St SE
R Pl SEN St SE28th St SE
Alpi ne Dr
S
E Dogwood St SE4 9t h S t S E28th Pl SER iverw
alk D r28th
A
v
e
SE
34t h St SEPike St SES St SE37th Pl SE27th Pl SE33rd Pl SE26th Pl SEPike St SE26th St SE
U St SEPike St SE27 t h St SE
O St SEO St SE26t
h
St
S
E
28th St SE
25th St SE
O St SEPike St SER St SEKersey
Way
SE
29th St SE
File name: working_SMParea.pdf
Created/last edited by: DNE
Date last updated: 10/18/06
Map data are the property of the sources listed below.
Inaccuracies may exist, and Adolfson Associates, Inc. implies no
warranties or guarantees regarding any aspect of data depiction.
SOURCE: City of Auburn GIS, 2006; King County GIS, 2006; USGS Ortho Image, 2002
White River 4
SHORELINE ENVIRONMENT DESIGNATIONS
AUBURN SMP
AUBURN / KING COUNTY, WASHINGTONL:\ENVIR IMPACTS\2006 Projects\26053_AuburnSMPUpdate\GIS\working_SMPrarea.mxd0 500 1,000250
Feet
Legend
Streams and Rivers
Regulated Shorelines include
the Green and White Rivers
-
Urban Conservancy
City Boundary
Parks
City of Kent
City of Auburn
Green
River 1
Green
River 2
Green
River 3
Green
River 4
White
River 1
White
River 2
White
River 3White
River 4
White
River 5
City of Kent
City of
PacificA ST SES
T
A
T
E
HW
Y
1
6
4STATE HWY 18124TH AVE SEAUBURN WAY N132ND AVE SER ST SESTATE HWY 516
M ST SEMAIN ST
SE 320TH ST
SE 312TH ST
C ST SWSE LAKE HOLM RDHARVEY
RDORAVETZ RD SE
HI
L
L
R
D
########Natural
Shoreline Residential
City of Auburn Parcels
City of Auburn Boundary
County Boundary
Shoreline jurisdiction boundaries depicted on this map are approximate.
They have not been formally delineated or surveyed and are intended
for planning purposes only. Additional site-specific evaluation may be
needed to confirm/verify information shown on this map.
k
Shoreline Environment Designations
From WAC 173-26-211
Muckleshoot Reservation
Auburn Shoreline Master Program Update
Shoreline Environment Designations
Exhibit A - Ordinance No. 6733 Page 104 of 106
Page 170 of 217
##################################################
#
###################################################################
##############################################
####################
######################
#
####
#
##
Auburn Riverside
High School
White
River
City of
Auburn
City of Pacific
Roegner Park
Lakeland Hills Park
Mill Pond ParkOravetz Rd41st St SE D St SEK StMill Pond DrRiver DrLakeland Hills WayB St SENathan Ave SE47th St S
E
51st St SE42nd St SE
Mill
Po nd Loop43rd St SE
D Pl SE
Oravetz Pl SE
54th St SE
45th St SE
Kennedy Ave SEAuburn Manor Rd52nd St SE37th Pl SENathan Loop SEHighland Dr SE
53rd
St S
E
44th St SE
37th
S
t
S
E
50th
S
t SE
33rd St SE
I St SE49th St SE
32nd St SE
M Pl SE
48th C t SE
White River Jn AcRd
Stuck River Dr
James Ave SE35th Pl SE
31st Dr SE
Laurelwood Park AcRd52nd Pl SE
Pedestrian Walk
Marshall Ave SE1st Ave E M Pl SE37th Pl SE
41st St SE
53rd St SE52nd St SE37th Pl SE
H igh land
Dr
S
E
51st St SE
52nd St SE
44th St SE
33rd St SE
37th St SEC St SWSkinner RdM St SE3rd Ave SE
File name: working_SMParea.pdf
Created/last edited by: DNE
Date last updated: 10/18/06
Map data are the property of the sources listed below.
Inaccuracies may exist, and Adolfson Associates, Inc. implies no
warranties or guarantees regarding any aspect of data depiction.
SOURCE: City of Auburn GIS, 2006; King County GIS, 2006; USGS Ortho Image, 2002
White River 5
SHORELINE ENVIRONMENT DESIGNATIONS
AUBURN SMP
AUBURN / KING COUNTY, WASHINGTONL:\ENVIR IMPACTS\2006 Projects\26053_AuburnSMPUpdate\GIS\working_SMPrarea.mxd0 500 1,000250
Feet
Legend
Streams and Rivers
Regulated Shorelines include
the Green and White Rivers
-
Urban Conservancy
City Boundary
Parks
City of Kent
City of Auburn
Green
River 1
Green
River 2
Green
River 3
Green
River 4
White
River 1
White
River 2
White
River 3White
River 4
White
River 5
City of Kent
City of
PacificA ST SES
T
A
T
E
HW
Y
1
6
4STATE HWY 18124TH AVE SEAUBURN WAY N132ND AVE SER ST SESTATE HWY 516
M ST SEMAIN ST
SE 320TH ST
SE 312TH ST
C ST SWSE LAKE HOLM RDHARVEY
RDORAVETZ RD SE
HI
L
L
R
D
########Natural
Shoreline Residential
City of Auburn Parcels
City of Auburn Boundary
County Boundary
Shoreline jurisdiction boundaries depicted on this map are approximate.
They have not been formally delineated or surveyed and are intended
for planning purposes only. Additional site-specific evaluation may be
needed to confirm/verify information shown on this map.
k
Shoreline Environment Designations
From WAC 173-26-211
Muckleshoot Reservation
Auburn Shoreline Master Program Update
Shoreline Environment Designations
Exhibit A - Ordinance No. 6733 Page 105 of 106
Page 171 of 217
Auburn Shoreline Master Program
Appendix A Draft August 5, 2019
Appendices
A. Critical Area Provisions in Shoreline Jurisdiction (Applicable Sections of ACC Chapter )
B. ACC Chapter Nonconforming Structures, Land and Uses
C. Geologic Hazard Report Submittal Requirements
D. Permit Data Sheet
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Chapter 16.10
CRITICAL AREAS
Sections:
16.10.010 Purpose and intent.
16.10.020 Definitions.
16.10.030 Applicability – Regulated activities.
16.10.040 Exemptions and nonconforming uses.
16.10.050 Critical areas maps.
16.10.060 Relationship to other regulations.
16.10.070 Critical area review process and application requirements.
16.10.080 Classification and rating of critical areas.
16.10.090 Buffer areas and setbacks.
16.10.100 Alteration or development of critical areas – Standards and criteria.
16.10.110 Mitigation standards, criteria and plan requirements.
16.10.120 Performance standards for mitigation planning.
16.10.130 Monitoring program and contingency plan.
16.10.140 Procedural provisions.
16.10.150 Reasonable use provision.
16.10.160 Variances.
16.10.170 Special exception for public agencies and utilities.
16.10.180 Severability.
16.10.010 Purpose and intent.
A. The city of Auburn contains numerous areas that can be identified and characterized as critical or
environmentally sensitive. Such areas within the city include wetlands, streams, wildlife habitat, significant trees,
geologic hazards, ground water protectionaquifer recharge areas, and flood hazards.
B. The city finds that these critical areas perform a variety of valuable and beneficial biological and physical
functions that benefit the city and its residents. Alteration of certain critical areas may also pose a threat to public
safety or to public and private property or the environment. The city therefore finds that identification, regulation
and protection of critical areas are necessary to protect the public health, safety and general welfare. The city further
finds that the functions of critical areas and the purpose of these regulations include the following:
1. Wetlands. Wetlands perform a variety of functions that include maintaining water quality; storing and
conveying storm water and flood water; recharging ground water; providing important fish and wildlife habitat;
and serve as areas for recreation, education and scientific study, and aesthetic appreciation.
Wetland buffers serve to moderate runoff volume and flow rates; reduce sediment, che mical nutrient and toxic
pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; and protect
wetland resources from harmful intrusion.
The primary goals of wetland regulation are to avoid adverse effects to wetlands; to achieve no net loss of
wetland function and value – acreage may also be considered in achieving the overall goal; to provide levels of
protection that reflect the sensitivity of individual wetlands and the intensity of proposed land uses; and to
restore and/or enhance existing wetlands, where possible.
2. Streams. Streams and their associated riparian corridors provide important fish and wildlife habitat; help to
maintain water quality; store and convey storm water and flood water; recharge ground water; and serve as
areas for recreation, education and scientific study and aesthetic appreciation. Stream buffers serve to moderate
runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to
maintain desirable water temperatures; provide habitat for wildlife; and protect stream resources from harmful
intrusion.
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The primary goals of stream regulation are to avoid adverse effects to streams and associated riparian corridors;
to achieve no net loss of functions and values of the larger ecosystem in which the stream is located; to protect
fish and wildlife resources; to protect water quality through appropriate management techniques; and, where
possible, to provide for stream enhancement and rehabilitation.
3. Wildlife Habitat. Wildlife habitat provides opportunities for food, cover, nesting, breeding and movement for
fish and wildlife; maintains and promotes diversity of species and habitat; coordinates habitat protection with
elements of the open space system; helps to maintain air and water quality; helps control erosion; serves as
areas for recreation, education, scientific study, and aesthetic appreciation; and provides neighborhood
separation and visual diversity within urban areas.
The primary goals of wildlife habitat regulation are to avoid adverse effects to critical habitats for fish and
wildlife; to achieve no net loss of functions and values of the larger ecosystem in which the wildlife habitat is
located; to implement the goals of the Endangered Species Act; to promote connectivity between habitat areas
to allow for wildlife movement; to provide multi-purpose open space corridors; and where possible to provide
for fish and wildlife habitat enhancement and rehabilitation that reflect the sensitivity of t he species.
4. Ground Water ProtectionAquifer Recharge Areas. Ground water protection Aquifer recharge areas provide a
source of potable water and contribute to stream discharge/flow. Such areas contribute to the recharge of
aquifers, springs and/or wells and are susceptible to contamination of water supplies through infiltration of
pollutants through the soil.
The primary goals of ground wateraquifer recharge protection regulations are to protect ground water quality
by maintaining the quantity of recharge; avoiding or limiting land use activities that pose potential risk of
aquifer contamination; and to minimize or avoid adverse effects to ground water protection areas through the
application of performance standards, and to comply with the requirements of the Federal Safe Drinking Water
Act and Washington Administrative Code that require Group A public water systems to develop and implement
a wellhead protection program.
5. Geologically Hazardous Areas. Geologically hazardous areas means include lands or areas that because of
their susceptibility characterized by geologic, hydrologic and topographic conditions that render them
susceptible to varying degrees of risk of landslides,to erosion, sliding, seismic earthquake, or volcanic activity,
or other geological events, are not suited to the siting of commercial, residential, or industrial development
consistent with public health of safety concerns.
The primary goals of regulating geologic hazards are to avoid and minimize potential impacts to life and
property by regulating and/or limiting land uses where necessary, and to conduct appropriate levels of analysis
and ensure sound engineering and constr uction practices to address identified hazards.
6. Flood Hazard Areas. Floodplains help to store and convey storm water and flood water; recharge ground
water; provide important areas for riparian habitat; and serve as areas for recreation, education, and scientific
study. Development within floodplain areas can be hazardous to those inhabiting such development, and to
those living upstream and downstream. Floods also cause substantial damage to public and private property that
results in significant costs to the public and individuals.
The primary goals of flood hazard regulations are to limit or condition development within the regulatory
floodplain to avoid substantial risk of damage to public and private property and that results in significant costs
to the public and individuals; to avoid significant increases in peak storm water flows or loss of flood storage
capacity; to protect critical habitat for fish and wildlife, and to meet the purposes set forth in Chapter 15.68
ACC. Requirements for the identification, assessment, alteration, and mitigation of flood hazard areas are
contained in Chapter 15.68 ACC.
C. This chapter of the Auburn City Code and other sections as incorporated by reference contain standards,
procedures, criteria and requirements intended to identify, analyze, and mitigate potential impacts to the city’s
critical areas, and to enhance and restore degraded resources where possible. The general intent of these regulations
is to avoid impacts to critical areas. In appropriate circumstances, impacts to specified critical areas resulting from
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regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with the requirements
of this chapter.
D. It is the further intent of this chapter to:
1. Comply with the requirements of the Growth Management Act (Chapter 36.70A RCW) and implement rules
to identify and protect critical areas and to perform the review of development regulations required by RCW
36.70A.215;
2. Develop and implement a comprehensive, balanced and fair regulatory program that avoids impacts to
critical resources where possible, that requires that mitigation be performed by those affecting critical areas,
and that thereby protects the public from injury, loss of life, property or financial losses d ue to flooding,
erosion, landslide, seismic events, soil subsidence, or steep slope failure;
3. Implement the goals and policies of the Auburn comprehensive plan, including those pertaining to natural
features and environmental protection, as well as goals relating to land use, housing, economic development,
transportation, and adequate public facilities;
4. Serve as a basis for exercise of the city’s substantive authority under the State Environmental Policy Act
(SEPA) and the city’s environmental review procedures, where necessary to supplement these regulations,
while also reducing the city’s reliance on project-level SEPA review;
5. Provide consistent standards, criteria and procedures that will enable the city to effectively manage and
protect critical areas while accommodating the rights of property owners to use their property in a reasonable
manner;
6. Provide greater certainty to property owners regarding uses and activities that are permitted, prohibited,
and/or regulated due to the presence of critical areas;
7. Coordinate environmental review and permitting of proposals involving critical areas with existing
development review and approval processes to avoid duplication and delay pursuant to the Regulatory Reform
Act, Chapter 36.70B RCW;
8. Establish conservation and protection measures for threatened and endangered fish species in compliance
with the requirements of the Endangered Species Act and the Growth Management Act requirements to
preserve or enhance anadromous fisheries, WAC 365 -195-925;
9. Alert members of the public, including appraisers, assessors, owners, potential buyers or lessees, to the
development limitations of critical areas and their required buffers.
E. Best Available Science. The city has considered and included the best available science in developing these
regulations, consistent with RCW 36.70A.172 and WAC 365 -195-900, et seq. This has been achieved through
research and identification of relevant technical sources of information, consultation with experts in the disciplines
covered by this chapter, and consultation and requests for technical information regarding best avail able science
from state and federal resource agencies.
Preparation of this chapter has included the use of relevant nonscientific information, including consideration of
legal, social, policy, economic, and land use issues. This reflects the city’s respon sibilities under numerous laws and
programs, including other provisions of the Growth Management Act, and the need to weigh and balance various
factors as part of decision making to accomplish municipal objectives. This may result in some risk to the funct ions
and values of some critical areas, however, it is recognized that the Growth Management Act requires the City to
designate and protect critical areas. The city will also use its authority under the State Environmental Policy Act
(SEPA) to identify, consider and mitigate, where appropriate, significant adverse effects on critical resources not
otherwise addressed by the regulations of this chapter.
The city intends to review and monitor implementation of its critical areas regulations and to use an adaptive
management approach. It will make adjustments to the regulations, as appropriate, in response to changing
conditions, new information about best available science, or empirical data indicating the effectiveness of its
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regulatory program. This will occur in the context of the city’s ongoing review and revision of its comprehensive
plan and development regulations pursuant to the Growth Management Act.
Additional information, both scientific and nonscientific, regarding compliance with WAC 365 -195-915(c),
including identification of risks to resources and Washington State Department of Ecology guidance, is contained in
the findings and conclusions and the overall record supporting adoption of Auburn’s critical areas regulations. (Ord.
6295 § 3, 2010; Ord. 5894 § 1, 2005.)
16.10.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
“Anadromous fish” means fish that spawn and rear in freshwater and mature in the marine environment, such as
salmon, steelhead, sea-run cutthroat, and bull trout.
“Applicant” means the person, party, firm, corporation, or other entity that proposes or has performed any activity
that affects a critical area.
“Aquifer” means, generally, any water bearing soil or rock unit. Specifically, a body of soil or rock that contains
sufficient saturated permeable material to conduct ground water and yield economically significant quantities of
ground water to wells or springs.
“Artificially created wetlands” means wetlands created from nonwetland sites through purposeful, legally authorized
human action, such as irrigation and drainage ditches, grass -lined swales, canals, retention or detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities.
“Aquifer Recharge Area” means areas with a critical recharging effect on aquifers used for potable water, including
areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the
potability of the water, or is susceptible to reduced recharge.
“Best Available Science.” As defined in the Procedural Criteria for Adopting Comprehensive Plans and
Development Regulations for Best Available Science at WAC 365-195-900, et seq.
“Buffer or buffer area, critical area” means a naturally vegetated, undistu rbed, enhanced or revegetated zone
surrounding a critical area that protects the critical area from adverse impacts to its integrity and value, and is an
integral part of the resource’s ecosystem.
“City” means the city of Auburn.
“Clearing” means the removal of timber, brush, grass, ground cover or other vegetative matter from a site, which
exposes the earth’s surface of the site, or any actions, which disturb the existing ground surface.
“Comprehensive plan” means the city of Auburn comprehensive plan as now adopted or hereafter amended.
“Critical areas” or “environmentally sensitive areas” means areas that possess important natural functions and
embody a variety of important natural and community values. Such areas include wetlands, streams, fish and
wildlife habitat, geologically hazardous areas, ground water protection areas aquifer recharge areas, and flood
hazard areas. If not conducted properly, development or alteration of such areas may cause significant impacts to the
valuable functions and values of these areas and/or may generate risks to the public health and general welfare,
and/or to public and private property.
“Critical area report” means a report prepared by a qualified consultant to determine the presence, type, class, size,
function and/or value of an area subject to these regulations. Also see “Stream and/or Wetland reconnaissance
report,” “Wetland impact assessment report” and “Wildlife report.”
“Critical erosion hazard areas” means lands or areas underlain by soils identified by the U.S. Department of
Agriculture Soil Conservation Service (SCS) (now known as the Natural Resource Conservation Service) as having
“severe” or “very severe” erosion hazards. This includes, but is not limited to, the following group of soils when
they occur on slopes of 15 percent or greater: Alderwood -Kitsap (AkF), Alderwood gravelly sandy loam (AgD),
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Kitsap silt loam (KpD), Everett (EvD), and Indianola (InD). Additional soil groups may be identified through site -
specific analysis.
“Critical geologic hazard areas” means lands or areas subject to high or severe risks of geologic hazard, including
critical erosion hazard areas, critical landslide hazard areas, critical volcanic hazard areas, and critical seismic
hazard areas.
“Critical habitat” or “critical wildlife habitat” means habitat areas associated with threatened, endangered, or
sensitive species of plants or wildlife (pursuant to WAC 232 -12-297(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.
“Critical landslide hazard areas” means lands or areas where there is a high (Class III) or very high (Class IV) risk of
landslide due to a combination of slope, soil permeability, and water.
“Critical seismic hazard areas” means lands or areas where there is a high risk of seismic events and damage.
“Delineation manual,” “wetland delineation manual,” or “wetland delineation methodology” means the manual and
methodology used for to identify wetlands in the field, as described in the Washington State Wetlands Identification
and Delineation Manual (Publication No. 96-94), adopted by the Department of Ecology in 1997 (pursuant to RCW
36.70A.175 and 90.58.380), and which is based on the U.S. Corps of Engi neers Wetlands Delineation Manual
(1987). Use of this manual is required by RCW 36.70A.175 and 90.58.380 identification of wetlands and delineation
of their boundaries and shall be done in accordance with the approved federal wetland delineation manual and the
Western Mountains, Valleys, and Coast Regional supplement, as required by WAC 173-22-035.
“Department” means the city of Auburn department of planning and community development development or
successor agency, unless the context indicates a different city department.
“Director” means the director of the city of Auburn department of community development department of planning
and development or successor agency.
“Earth/earth material” means naturally occurring rock, soil, stone, sediment, or combination thereof.
“Enhancement” means the improvement of an existing viable wetland, stream or habitat area or the buffers
established for such areas, through such measures as increasing plant diversity, increasing wildlife habitat, installing
environmentally-compatible erosion controls, increasing structural diversity or removing plant or animal species that
are not indigenous to the area. Enhancement also includes actions performed to improve the quality of an existing
degraded wetland, stream, or habitat area. See also “Restoration.”
“Erosion” means a process whereby wind, rain, water, and other natural agents mobilize and transport soil particles.
“Erosion hazard areas” means lands or areas that, based on a combination of slope inclination and the characteristics
of the underlying soils, are susceptible to varying degrees of risk of erosion. Erosion hazard areas are classified as
“low” (areas sloping less than 15 percent) or “high” (areas sloping 15 percent or more) on the following Soil
Conservation Service (SCS), now known as the Natural Resource Conservation Service (NRCS), soil types:
Alderwood-Kitsap (AkF), Alderwood gravelly sandy loam (AgD), Kitsap silt loam (KpD), Everett (EvD) and
Indianola (InD). Additional soil groups may be identified through site -specific analysis.
“Excavation” means the removal or displacement of earth material by human or mechanical means.
“Existing and ongoing agricultural activities” means those activities conducted on lands defined in RCW
84.34.020(2), and those activities involved in the production of crops and livestock. Such activity must have been in
existence as of July 1, 1990 (the effective date of the Growth Management Act). The definition includes, but is not
limited to, operation and maintenance of farm and stock ponds or drainage ditches, irrigation systems, changes
between agricultural activities or crops, and normal operation, maintenance or repair of existi ng serviceable
structures, facilities, or improved areas. Activities, which bring an area into agricultural use from a previous
nonagricultural use, are not considered part of an ongoing activity. An operation ceases to be ongoing when the area
on which it was conducted is proposed for conversion to a nonagricultural use or has lain idle for a period of longer
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than five years, unless the idle land is registered in a federal or state soils conservation program. Forest practices are
not included in this definition.
“Exotic” means any species of plant or animal that is foreign and not indigenous to the lower Puget Sound area.
“Fill/fill material” means a deposit of earth material placed by human or mechanical means.
“Filling” means the act of transporting and placing (by any manner or mechanism) fill material from, to, or on any
surface water body or wetland, soil surface, sediment surface, or other fill material.
“Geologically hazardous areas” means lands or areas characterized by geologic, hydrologic, and topographic
conditions that render them susceptible to varying degrees of risk of landslides, erosion, sliding, seismic earthquake,
or volcanic activityother geological events.
“Geotechnical report” means a report prepared in accordance with the City’s Engineering Design Standards.
“Grading” means any excavating, filling, clearing, leveling or contouring of the ground surface by human or
mechanical means.
“Ground water protection areas” means land areas designated by the city beneath which ground water o ccurs that is
a current or potential future source of drinking water for the city. Please see the definition of “aquifer recharge
areas” for additional regulated areas.
“Habitat management” means management of land and its associated resources/features to maintain species in
suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This
does not imply maintaining all habitat or individuals of all species in all cases.
“Hazardous materials” means any material, either singularly or in combination, that is a physical or health hazard
as defined and classified in Article 80 of the Uniform Fire Code as adopted or amended by the city, whether the
materials are in usable or waste condition; and any material that may degrade ground water quality when improperly
stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials shall
also include, without exception:
1. All materials defined as or designated by rule as a dangerous waste or extremely hazardous waste under
Chapter 70.105 RCW and Chapter 173-303 WAC;
2. Any substance defined as or designated by rule as a hazardous substance under Chapter 70.105 RCW and
Chapter 173-303 WAC; and
3. Petroleum or petroleum products, including any waste oils or sludges.
“Hazardous materials inventory statement” means a form provided by the fire department and completed by a
business owner that provides specified information regarding hazardous materials at the business.
“Hazardous substances” means any liquid, solid, gas, or sludge, including any material, substance, product,
commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological prop erties
described in WAC 173-303 or RCW 70.105.
“Hydrologically isolated” means wetlands which: (1) have no surface water connection to a lake, river, or stream
during any part of the year; (2) are outside of and not contiguous to any 100 -year floodplain of a lake, river, or
stream; and (3) have no contiguous hydric soil between the wetland and any lake, river, or stream. May also be a
pond excavated from uplands with no surface water connection to a stream, lake, or other wetland.
“In-kind wetland mitigation” means replacement of wetlands with wetlands whose characteristics closely
approximate those destroyed or degraded by a regulated activity.
“Injection well” means a “well” that is used for the subsurface emplacement of fluids. (From WAC 173 -218-030.)
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“Intentionally created streams” means streams created through purposeful human action, such as irrigation and
drainage ditches, grass-lined swales, and canals. This definition does not include stream modifications performed
pursuant to city authorization, such as changes or redirection of stream channels.
“Lahar” means mudflows or debris flows associated with volcanic activity and which pose a threat to life, property,
and structures.
“Landslide” means episodic downslope movement of a mass of soil or rock.
“Landslide hazard areas” means areas that, due to a combination of slope inclination, relative soil permeability, and
hydrologic conditions are susceptible to varying degrees of risk of landsliding. Landslide hazard areas are classified
as Classes I through IV based on the degree of risk as follows:
1. Class I/Low Hazard. Areas with slopes of 15 percent or less.
2. Class II/Moderate Hazard. Areas with slopes of between 15 percent and 40 percent and that are underlain by
soils that consist largely of sand, gravel or glacial till.
3. Class III/High Hazard. Areas with slopes between 15 percent and 40 percent that are underlain by soils
consisting largely of silt and clay.
4. Class IV/Very High Hazard. Areas with slopes steeper than 15 percent with identifiable zones of emergent
water (e.g., springs or ground water seepage), areas of identifiable landslide deposits regardless of slope and all
areas sloping more steeply than 40 percent.
The slopes referenced above include only those where the surface drops 10 feet or more vertically within a
horizontal distance of 25 feet.
“Mature and old-growth forested wetlands” means wetlands containing mature or old-growth forested areas,
generally requiring a century or more to develop. These systems represent two priority habitats , as defined by the
Washington State Department of Fish and Wildlife.
“Mitigation” means activities which include:
1. Avoiding the impact altogether by not taking a certain action or parts of actions .;
2. 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.;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment ;.
4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of
the action;.
5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;.
and/or
6. Monitoring the impact and taking appropriate corrective measures.
While monitoring without additional actions is not considered mitigation for the purposes of these regulations, it
shall be part of a comprehensive mitigation program.
“Mitigation sequencing” means considering or performing mitigation actions, as defined in the definition of
“mitigation,” in a preferred sequence from (1) through (5). Avoidance is preferred and must be considered prior to
pursuing other forms of mitigation.
“Native” means any species of plant or animals which are or were indigenous to the lower Puget Sound area.
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“Natural heritage wetlands” means wetlands that are identified by scientists of the Washington Natural Heritage
Program/DNR as high quality, relatively undisturbed wetlands, or wetlands that support st ate-listed threatened or
endangered plants.
“Off-site mitigation” means performance of mitigation actions, pursuant to standards established in this chapter, on a
site or in an area other than that proposed for conduct of a regulated activity.
“Out-of-kind mitigation” means replacement of wetlands or habitat with substitute wetlands or habitat whose
characteristics do not closely approximate those adversely affected, destroyed, or degraded by a regulated activity.
“Permanent erosion control” means continuous on-site and off-site control measures that are needed to control
conveyance or deposition of earth, turbidity, or pollutants after development, construction, or restoration.
“Plant association of infrequent occurrence” means one or more plant species which because of the rarity of the
habitat and/or the species involved, or for other botanical or environmental reasons, do not often occur in the city of
Auburn. Examples include but are not limited to:
1. Wetlands with a coniferous forested class or subclass consisting of trees such as western red cedar, Sitka
spruce, or lodge pole pine growing on organic soils;
2. Bogs with a predominance of sphagnum moss, or those containing sphagnum moss, and typically including
one or more species such as Labrador tea, sundew, bog laurel, or cranberry.
“Qualified consultant,” for purposes of these regulations, shall mean a person who has attained a degree from an
accredited college or university in the subject matter necessary to evaluate the critical area in question (e.g., biology,
ecology, or horticulture/arboriculture for wetlands, streams, wildlife habitat, and geology and/or civil engineering
for geologic hazards, and hydrogeologist for ground water protectionaquifer recharge areas), and/or who is
professionally trained and/or certified or licensed by the state of Washington to practice in the scientific disciplines
necessary to identify, evaluate, manage, and mitigate impacts to the critical area in question. In addition, a qualified
consultant for wetlands and streams must be a professional wetland scientist with at least two years of full-time
work experience as a wetlands professional, including delineating wetlands using the federal manual and
supplements, preparing wetland reports, conducting function assessments, and development and implementin g
mitigation plans. A qualified consultant for aquifer recharge areas must be a currently licensed Washington State
geologist holding a current specialty license in hydrogeology.
“Reasonable use” means a legal concept articulated by federal and state courts in regulatory taking cases.
“Regulated activities” means activities that have a potential to significantly impact a critical area that is subject to
the provisions of this chapter. Regulated activities generally include, but are not limited to, any fill ing, dredging,
dumping or stockpiling, release of contaminants to soil or water, draining, excavation, flooding, clearing or grading,
construction or reconstruction, driving pilings, obstructing, clearing, or harvesting.
“Restoration” means actions taken to re-establish wetland, stream or habitat functional values, and the
characteristics that have been destroyed or degraded by past alterations (e.g., filling or grading). See also
“Enhancement.”
“Salmonids” means the family of fish which includes salmon, trout, and char.
“Secondary habitat” means areas that offer less diversity of animal and plant species than critical habitat but are
important for performing the essential functions of habitat.
“Seismic hazard areas” means areas that, due to a combination of soil and ground water conditions, are subject to
risk of ground shaking, subsidence, or liquefaction of soils during earthquakes. These areas are typically underlain
by soft or loose saturated soils (such as alluvium), have a shallow ground water table, a nd are typically located on
the floors of river valleys.
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“Site” means the location containing a regulated critical area and on which a regulated activity is proposed. The
location may be a parcel or portion thereof, or any combination of contiguous parcel s where a proposed activity may
impact a critical area.
“Slope” means an inclined earth surface, the incline of which is expressed as the ratio of horizontal distance to
vertical distance. The slopes referenced above includes only those where the surface drops 10 feet or more vertically
within a horizontal distance of 25 feet.
“Sole source aquifer” means an area formally designated as such by the U.S. Environmental Protection Agency
under the federal Safe Drinking Water Act.
“Spring” means a source of water where an aquifer comes in contact with the ground surface.
“Stream or wetland reconnaissance report” means a type of critical area report prepared by an applicant’s qualified
consultant to describe a stream or wetland and to characterize its conditions, source of hydrologic support, wildlife,
habitat values and water quality. The report may also includes an analysis of impacts but generally does not include
adequate impact assessment and definition of a mitigation proposal sufficient to meet all the requirements of a more
comprehensive critical areas report.
“Streams” means those areas where surface waters produce a defined channel or bed that demonstrates clear
evidence of the passage of water and includes, but is not limited to, bedrock channels, gra vel beds, sand and silt beds
and defined-channel swales. The channel or bed need not contain water year -round. This definition is not intended to
include artificially created irrigation ditches, canals, storm or surface water devices, or other entirely art ificial
watercourses unless they are used by salmonids or created for the purposes of stream mitigation.
“Structural diversity, vegetative” means the relative degree of diversity or complexity of vegetation in a wildlife
habitat area as indicated by the stratification or layering of different plant communities (e.g., ground cover, shrub
layer and tree canopy), the variety of plant species and the spacing or pattern of vegetation.
“Substrate” means the soil, sediment, decomposing organic matter or combination of those located on the bottom
surface of the wetland, lake, stream, or river.
“Temporary erosion control” means on-site and off-site control measures that are needed to control conveyance or
deposition of earth, turbidity, or pollutants during development, construction, or restoration.
“Tertiary habitat” means habitat that supports some wildlife but does not satisfy the definition of secondary or
critical habitat.
“Tree” means any self-supporting perennial woody plant characterized by natural growth of one main stem or trunk
with a definite crown, and maturing at a height of at least six feet above the ground.
“Tree base fee” means the current cost of the tree based on species and minimum code required installation size,
installation (labor and equipment) maintenance for two years and fund administration.
“Utility” includes natural gas, electric, telephone and telecommunications, cable communications, water, sewer or
storm drainage and their respective facilities, lines, pipes, mains, equipment and appurtenances.
“Variance” means permission to depart from the requirements of the specific regulations of this title for a particular
piece of property.
“Volcanic hazard areas” means areas identified by the U.S. Geological Survey (maps dated 1998 or as hereafter
revised) as subject to a risk of large lahars with a recurrence interval of 500 to 1,000 years.
“Water dependent use” means a principal use which can only exist when the land/water interface provides biological
or physical conditions necessary for the use.
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“Well” includes any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed
when the intended use of an excavation is for the location, diversion, artificial recharge, or withdrawal of ground
water.
“Wellhead protection area” means the portion of a well’s, wellfield’s or spring’s zone of contribution within the ten-
year time of travel boundary, or boundaries established using alternate defined as such using the criteria approved
established by the city state Department of Health in those settings where ground water time of travel is not a
reasonable delineation criterion.
“Wetland” or “wetlands” means 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, bogs,
and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland 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 . However, wWetlands
may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of
wetlands. (Definition taken from the Washington State Wetlands Identification and Delineation Manual, Ecology
Publication No. 96-94.RCW 36.70A.030(23))
“Wetland impact assessment report” means a report prepared by a qualified consultant that identifies, characterizes
and analyzes potential impacts to wetlands consistent with applicable provisions of these regulations. A wetland
impact assessment may be combined with and include a formal wetland delineation.
“Wetland mosaic” means an area with a concentration of multiple small wetlands, in which each patch of wetland is
less than one acre; on average, patches are less than 100 feet from each other; and areas delineated as vegetated
wetland are more than 50% of the total area of the entire mosaic , including uplands and open water.
“Wildlife report” means a report prepared by a qualified consultant that evaluates plant communities and wildlife
functions and values on a site, consistent with the format and requirements established by this chapter. T he report
also includes an analysis of impacts. (Ord. 6287 § 2, 2010; Ord. 5894 § 1, 2005.)
16.10.030 Applicability – Regulated activities.
A. The provisions of this chapter shall apply to any activity that potentially affects a critical area or its buffer unless
otherwise exempt. Such regulated activities include but are not limited to:
1. Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter, or materials of any
kind;
2. Dumping, discharging or filling with any material ;
3. Draining, flooding or disturbing the water level or water table, or diverting or impeding water flow;
4. Driving pilings or placing obstructions;
5. Constructing, reconstructing, demolishing, or altering the size of any structure or infrastructure;
6. Destroying or altering vegetation through clearing, grading, harvesting, shading, or planting vegetation that
would alter the character of or impact a critical area;
7. Release of contaminants to soil or water;
8. Activities that result in significant changes in water temperature, physical or chemical characteristics of
water sources, including quantity and pollutants; and
9. Any other activity potentially affecting a critical area or buffer not otherwise exempt from the provisions of
this chapter as determined by the director.
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B. To avoid duplication, the following permits and approvals shall be subject to and coordinated with the
requirements of this chapter: land clearing; grading; subdivision or short subdivision; building permit; planned unit
development (if permitted by the city code); shoreline substantial development; variance; conditional use permit;
and any other permits that may lead to the development or alteration of land.
C. Administrative actions, such as rezones, annexations, and the adoption of plans and programs, shall be subject to
the requirements of this chapter. However, the director may, using discretion, permit any studies or evaluations
required by this chapter to use methodologies and provide a level of detail appropriate to the a dministrative action
proposed. (Ord. 6187 § 3, 2008; Ord. 5991 § 3, 2006; Ord. 5894 § 1, 2005.)
16.10.040 Exemptions and nonconforming uses.
A. The following activities performed on sites containing critical areas as defined by this chapter shall be exemp t
from the provisions of this chapter:
1. Existing and ongoing agricultural activities, as defined in this chapter;
2. Activities involving artificially created wetlands or streams intentionally created from nonwetland sites,
including but not limited to grass-lined swales, irrigation and drainage ditches, retention or detention facilities,
and landscape features, except wetlands or streams created as mitigation or that provide critical habitat for
salmonids and except when the site contains another critical area;
3. Normal and routine maintenance, operation, repair and reconstruction of existing roads, streets, utilities and
associated structures; provided, that reconstruction of any structures may not increase the impervious area and
may not cause further encroachment on the critical area or its buffer, and may not result in adverse impacts to
surface water and ground water quality. Operation and maintenance includes vegetation management
performed in accordance with best management practices that is part of ongoing maintenance of structures,
infrastructure, or utilities; provided, that such management actions are part of regular and ongoing maintenance,
do not expand further into the critical area, are not the result of an expansion of the structure or uti lity, and do
not directly impact an endangered or threatened species;
4. Minor Utility and Street Projects. Utility or street projects which have minor or short duration impacts to
critical areas, as determined by the director in accordance with the criter ia below, and which do not
significantly impact the functions or values of a critical area(s); provided, that such projects are constructed
with best management practices and additional restoration measures are provided. Minor activities shall not
result in the transport of sediment or increased storm water. Such allowed minor utility projects shall meet the
following criteria:
a. There is no practical alternative to the proposed activity with less impact on critical areas;
b. The activity involves the placement of underground piping, conduit, traffic signal equipment, lighting
equipment, utility pole(s), signs, anchor, or vault or other small component of a utility or street facility;
5. Normal maintenance, repair and reconstruction of residential or commer cial structures, facilities and
landscaping; provided, that reconstruction of any structures may not increase the previous floor area;
6. The addition of floor area within an existing building which does not increase the building footprint;
7. Additions to a legally established single-family residential structure in existence before May 13, 2005,
located within a wetland or stream buffer may be permitted if all of the following criteria are a met:
a. The addition is no greater than 500 square feet of build ing footprint over that in existence as of May 13,
2005;
b. The addition is not located closer to the critical area than the existing structure;
c. Impacts on critical area functions are avoided consistent with the purpose and intent of this title and as
demonstrated in a critical areas report by a qualified consultant; and
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d. There are no changes in slope stability, flood conditions or drainage;
8. Site investigative work and studies that are prerequisite to preparation of an application for development
authorization including soils tests, water quality studies, wildlife studies and similar tests and investigations;
provided, that any disturbance of the critical area shall be the minimum necessary to carry out the work or
studies;
9. Educational activities, scientific research, and outdoor passive recreational activities, including but not
limited to interpretive field trips, birdwatching and hiking, that will not have a significant effect on the critical
area;
10. Emergency activities necessary to prevent an immediate threat to public health, safety, property or the
environment which requires immediate action within a time too short to allow full compliance with this chapter
as long as any alteration undertaken pursuant to this subsection is reported to the city as soon as possible. Only
the minimum intervention necessary to reduce the risk to public health, safety or welfare and/or the imminent
risk of damage to private property shall be authorized by this exemption. The director s hall confirm that an
emergency exists or existed and determine what, if any, additional applications and/or measures shall be
required to protect the environment consistent with the provision of this section and to repair any damage to a
pre-existing resource;
11. Activities affecting previously legally filled wetlands or wetlands accidentally created by human actions
prior to July 1, 1990 (the effective date of the Growth Management Act). The latter shall be documented
through photographs, statements and/or other conclusive evidence;
12. Activities in storm and water quality basins and “wetlands” created by poorly maintained or plugged
culverts or lines, and artificially created ditches that are not used by salmonids;
13. Minor activities not mentioned above and determined by the director to have minimal impacts to a critical
area.
B. Notwithstanding the exemptions provided by this subsection, any otherwise exempt activities occurring in or near
a critical area shall comply with the purpose and intent of these standards and shall consider on-site alternatives that
avoid or minimize significant adverse impacts.
C. Exempt activities occurring in flood hazard areas shall not alter flood storage capacity or conveyance except in
conformance with floodplain drainage requirements of Chapter 15.68 ACC.
D. No property owner or other entity shall undertake exempt activities in subsections (A)(2), (7) or (13) of this
section without first providing 14 days’ notice to the city in writing and receiving confirmation in writing that the
proposed activity is exempt. In case of any question as to whether a particular activity is exempt from the provisions
of this section, the director’s determination shall govern and shall be confirmed in writing.
E. An established use or existing structure that was lawfully permitted prior to May 13, 2005, but which is not in
compliance with this chapter, shall be deemed a nonconforming use as defined in ACC 18.04.650. Unless otherwise
provided for, existing structures, which intrude into critical areas buffers, shall not be reconstructed in such a
manner that results in the further intrusion into the buffer area. Structures or developments that are nonconforming
solely due to being contrary to the provisions of this chapter shall not be sub ject to the nonconforming use
provisions of Chapter 18.54 ACC. (Ord. 5894 § 1, 2005.)
16.10.050 Critical areas maps.
Maps have been developed by the city that show the general location of critical areas. These maps are available for
reference at the city planning anddepartment of community development department. These maps shall be used for
informational purposes as a general guide only for the assistance of property owners and other interested parties; the
boundaries and locations shown are generalized. The actual presence or absence, type, extent, boundaries a nd
classification of critical areas on a specific site shall be identified in the field by a qualified consultant and
determined by the city, according to the procedures, definitions and criteria established by this chapter. In the event
of any conflict between the critical area location or designation shown on the city’s maps and the criteria or
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standards of this section, the criteria, definition, and standards shall prevail. (Ord. 6287 § 2, 2010; Ord. 5894 § 1,
2005.)
16.10.060 Relationship to other regulations.
A. These critical area regulations shall apply as an overlay and in addition to zoning, land use and other regulations
established by the city of Auburn. In the event of any conflict between these regulations and any other regulations of
the city, the regulations which provide greater protection to critical areas shall apply.
B. Areas characterized by particular critical areas may also be subject to other regulations established by this chapter
due to the overlap or multiple functions of some sensitive or critical areas. Wetlands, for example, may be defined
and regulated according to the wetland, habitat and stream management provisions of this chapter. In the event of
any conflict between overlapping regulations for multiple critical areas on the same site, the regulations which
provide greater protection to critical areas shall apply. (Ord. 5894 § 1, 2005.)
C. Compliance with the provisions of this Chapter does not constitute compliance with other federal, state, and local
regulations and permit requirements that may be required (for example, Shoreline Substantial Development Permits,
Hydraulic Project Approval (HPA) permits, Army Corps of Engineers Section 404 permits, National Pollutant
Discharge Elimination System (NPDES) permits). The applicant is responsible for complying with these
requirements, apart from the process established in this Chapter. Where applicable, the director will encourage use
of information such as permit applications to other agencies or special studies prepared in response to other
regulatory requirements to support required documentation submitted for critical areas review.
16.10.070 Critical area review process and application requirements.
A. Pre-Application Conference. A pre-application conference is available and encouraged prior to submitting an
application for a project permit.
B. Application Requirements.
1. Timing of Submittals. Concurrent with submittal of a State Environmental Policy Act (SEPA) checklist, or
concurrent with submittal of an application for projects exempt from SEPA, a critical area report must be
submitted to the city for review when the city believes that a critical area may be present. The purpose of the
report is to determine the extent, characteristics and functions of any critical areas located on or potentially
affected by activities on a site where regulated activities are proposed. The report will also be used by the city
to determine the appropriate critical area classification and, if applicable, to establish appr opriate buffer
requirements.
2. Report Contents. Reports and studies required to be submitted by this chapter shall contain, at a minimum,
the information indicated in the provisions of this chapter applicable to each critical area. The director may
tailor the information required to reflect the complexity of the proposal and the sensitivity of critical areas that
may potentially be present.
C. Consultant Qualifications and City Review. All reports and studies required of the applicant by this section sha ll
be prepared by a qualified consultant as that term is defined in these regulations. The city may retain a qualified
consultant paid for by the applicant to review and confirm the applicant’s reports, studies and plans if the following
circumstances exist:
1. The city has technical information that is unavailable to the applicant; or
2. The applicant has provided inaccurate or incomplete information on previous proposals or proposals
currently under consideration.
D. Review Process. This section is not intended to create a separate critical area review permit for development
proposals. To the extent possible, the city shall consolidate and integrate the review and processing of critical area -
related aspects of proposals with other land use and environmen tal considerations and approvals. Any permits
required by separate codes or regulations, such as floodplain development permits or shoreline substantial
development permits, shall continue to be required. (Ord. 6295 § 4, 2010; Ord. 5894 § 1, 2005.)
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16.10.080 Classification and rating of critical areas.
A. To promote consistent application of the standards and requirements of this chapter, critical areas within the city
of Auburn shall be rated or classified according to their characteristics, function and value, and/or their sensitivity to
disturbance.
B. Classification of critical areas shall be determined by the director based on consideration of the following factors
and in the following order:
1. Consideration of the technical reports submitted by qualified consultants in connection with applications
subject to these regulations;
2. Application of the criteria contained in these regulations; and
3. Critical areas maps maintained by the planning and department of community development department.
C. Wetland Classification. Wetlands shall be designated Category I, Category II, Category III, Category IV and as
artificially created according to the criteria in this section. Wetlands classifications shall be rated according to
incorporate the Washington Department of Ecology State Wwetlands Rrating Ssystem, as set forth in the for
Western Washington State Wetland Rating System for Western Washington: 2014 Update ((Department of Ecology,
2004, Publication no. 14-06-029, or as revised and approved by Ecology). Publication No. 04-06-025). Wetland
rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the local
government, as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted
activities. Wetland rating categories shall not change due to illegal modifications.
1. “Category I wetlands” are thoseinclude wetlands which meet any of the following criteria: represent unique
or rare wetland types, are more sensitive to disturbance than most wetlands, are relatively undisturbed and
contain ecological attributes that are impossible to replace within a human lifetime , or provide a high level of
functions, as indicated by a rating system score of 23 points or more on the classification system referenced
above.
a. Represent a unique or rare wetland type; or
b. Are more sensitive to disturbance than most wetlands; or
c. Are relatively undisturbed and contain ecological attributes that are impossible to replace within a
human lifetime; or
d. Are providing a high level of functions, scoring 70 points or more out of 100 (DOE Wetlands Rating
System, 2004); or
e. Are characterized as a national heritage wetland; or
f. Are characterized as a bog; or
g. Are over one acre and characterized as a mature and old-growth forested wetland.
2. “Category II wetlands” are: those wetlands which are not Category I wetlands and which meet any of the
following criteria:
a. Pprovide high levels of some functions, being difficult, though not impossible to replace , and; have aor a
moderately high level of functions, scoring between 20 and 22 points.
b. Perform most functions relatively well, scoring 51 20 – 6922 out of 10027 points (DOE Wetlands
Rating System, 20104).
3. “Category III wetlands” have a score between 16 and 19 points, generally have been disturbed in some way
and are often less diverse or more isolated from other natural resources in the landscape than Category II
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wetlands. Such wetlands are: are those wetlands that are not Category I or II wetlands, and which meet the
following criterion:
a. Provide moderate levels of functions, scoring between 30 – 50 out of 100 points (DOE Wetlands Rating
System, 2004). Wetlands with a moderate level of functions (scoring between 16 and 19 points);
b. Can often be adequately replaced with a well-planned mitigation project;
c. Interdunal wetlands between 0.1 and 1 acre.
4. “Category IV wetlands” are those wetlands that meet the following criterion: have the lowest levels of
functions, scoring fewer than 16 points and are often heavily disturbed. These are wetlands that should be able
to be replaced, or in some cases be improved. However, experience has shown that replacement cannot be
guaranteed in any specific case. These wetlands may provide some important functions, and should be
protected to some degree.
a. Provide low levels of functions, scoring less than 30 16 out of 10027 points (DOE Wetlands Rating
System, 20104).
5. “Artificially created wetlands” are purposefully created landscape features, ponds and storm water detention
or retention facilities. Artificially created wetlands do not include wetlands created as mitigation, and wetlands
modified for approved land use activities. Purposeful creation must be demonstrated to the director through
documentation, photographs, statements and/or other evidence. Artificial wetlands intentionally created from
nonwetland sites are excluded from regulation under this section.
D. Stream Classification. Streams shall be classified according to the water typing system as provided in WAC 222-
16-030, as amended, and designated as Class IType S, Class IIType F, Class IIIType Np, and Class IVType Ns
according to the criteria in this section:.
1. “Class I Type S streams” are those natural streams identified as “shorelines of the state” under Chapter 90.58
RCW and the city of Auburn shoreline master program.
2. “Class IIType F streams” are those natural streams that are not Class I streams and are either perennial or
intermittent and have one of the following characteristics:
a. Contain fish habitat; or
b. Has significant recreational value, as determined by the director.
3. “Class IIIType Np streams” are those natural streams with perennial (year-round) or intermittent flow and do
not contain fish habitat.
4. “Class IV Type Ns streams” are those natural streams and drainage swales with channel width less than two
feet taken at the ordinary high water mark, that do not contain fish habitat.
5. “Intentionally created streams” are those manmade streams defined as such in these reg ulations, and do not
include streams created as mitigation. Purposeful creation must be demonstrated through documentation,
photographs, statements and/or other evidence. Intentionally created streams may include irrigation and
drainage ditches, grass-lined swales and canals. Intentionally created streams are excluded from regulation
under this section, except manmade streams that provide “critical habitat,” as designated by federal or state
agencies, for salmonids.
E. Wildlife Habitat Classification. Wildlife habitat areas shall be classified as critical, secondary or tertiary
according to the criteria in this section:
1. “Critical habitat” are those habitat areas which meet any of the following criteria:
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a. The documented presence of species or habitat listed by federal or state agencies as “endangered,”
“threatened,” or “sensitive”; or
b. The presence of unusual nesting or resting sites such as heron rookeries;
c. Category I wetlands, as defined in these regulations; or
d. Class IType S streams, as defined in these regulations.
2. “Secondary habitat” is habitat which is valuable to fish and wildlife and supports a wide variety of species
due to its undisturbed nature, a diversity of plant species and structure, presence of water, or the area’s size,
location, or seasonal importance.
3. “Tertiary habitat” is habitat which is not classified as critical or secondary. It is habitat which, while
supporting some wildlife and performing other valuable functions, does not currently possess esse ntial
characteristics necessary to support diverse wildlife communities. Tertiary habitat also includes habitat which
has been created purposefully by human actions to serve other or multiple purposes, such as open space areas,
landscape amenities, and detention facilities.
F. Aquifer Recharge Ground Water Protection Areas. The following Ground water protection areas are hereby
designated as aquifer recharge areas subject to review under this in this chapter. correspond to water resource
protection areas,:
Type I.
which are described in the “Water Resource Protection Report” prepared for the city by Pacific Groundwater
Group, December 2000. Water resource protection areas are based on time-related “capture zones” also referred to
as “time-of-travel zones” which are derived using a numerical ground water flow model developed for the city and
upon geologic conditions. A capture zone is the area that supplies ground water recharge to a pumping well or a
spring. A time-related capture zone is the area that supplies ground water recharge to a pumping well or spring
within a specified period of time. The location of ground water protection areas have been revised to include all of a
parcel where capture zones include a portion of the parcel.
Ground water protection areas have been divided into four zones as follows:
1. “Ground water protection zone 1” represents the land area overlying the one -year time-of-travel zone of any
well or spring owned by the city.
2. “Ground water protection zone 2” represents the land area in the central part of the city beneath which the
principal aquifer used by the city for water supply is overlain by highly permeable sand and gravel deposits.
These geologic conditions provide a direct pathway for contaminants that may be released to t he soil to reach
the aquifer.
3. “Ground water protection zone 3” represents the land area overlying the region between the one -year and 10-
year time-of-travel zone of any well or spring owned by the city.
4. “Ground water protection zone 4” represents the land area within the city limits not designated as water resource
protection zones 1, 2 or 3.
1. Sole source aquifers and wellhead protection areas designated pursuant to the Federal Safe Drinking Water Act .
2. Areas established for special protection pursuant to a ground water management program as described by
Chapters 90.44, 90.48 and 90.54 RCW and Chapters 173 -100 and 173-200 WAC.
3. Any other area meeting the definition of “areas with a critical recharging effect on aquifers used for potable
water” as described in Chapter 365-190 WAC and the Auburn comprehensive plan, including ground water
protection areas #1-3 as designated in the “Water Resource Protection Report” prepared for the City by the Pacific
Groundwater Group, December 2000.
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Type II
1. Ground water protection area #4 as designated in the “Water Resource Protection Report” prepared for the city by
the Pacific Groundwater Group, December 2000.
2. Any other area within the city that is not otherwise designated or that is added to the city via annexation shall be
treated as a Type II aquifer recharge area.
G. Geologically Hazardous Classifications. Geologically hazardous areas shall be classified according to the criteria
in this section:
1. Critical Erosion Hazard Areas. Critical erosion hazard areas are lands or areas underlain by soils identified
by the U.S. Department of Agriculture Soil Conservation Service (SCS), now known as the Natural Resource
Conservation Service, as having “severe” or “very severe” erosion hazards. This includes the following group
of soils when they occur on slopes of 15 percent or greater: Alderwood -Kitsap (AkF), Alderwood gravelly
sandy loam (AgD), Kitsap silt loam (KpD), Everett (EvD), and Indianola (InD).
2. Landslide Hazard Areas. Landslide hazard areas are classified as Class I, Class II, Class III, or Class IV as
follows:
a. Class I/Low Hazard. Areas with slopes of 15 percent or less.
b. Class II/Moderate Hazard. Areas with slopes of between 15 percent and 40 percent and that are
underlain by soils that consist largely of sand, gravel, or glacial till.
c. Class III/High Hazard. Areas with slopes between 15 percent and 40 percent that are underlain by soils
consisting largely of silt and clay.
d. Class IV/Very High Hazard. Areas with slopes steeper than 15 percent with mappable zones of
emergent water (e.g., springs or ground water seepage), areas of known (mappable) landslide deposits
regardless of slope, and all areas with slopes 40 percent or greater.
3. Seismic Hazard Areas. Seismic hazard areas are lands that, due to a combination of soil and ground water
conditions, are subject to severe risk of ground shaking, subsidence, or liquefaction of soils during earthquakes.
These areas are typically underlain by soft or loose saturated soils (such as alluvium), have a shallow ground
water table and are typically located on the floor of river valleys. (Ord. 6287 § 2, 2010; Ord. 5894 § 1, 2005.)
16.10.090 Buffer areas and setbacks.
A. General Provisions. The establishment of on-site buffers, buffer areas or setbacks shall be required for all
development proposals and activities in or adjacent to critical areaswetlands, streams, wildlife habitat, and
geologically hazardous areas. The purpose of the buffer shall be to protect the integrity, function, value, and
resources of the subject critical area (in the case of wetlands, streams, and/or wildlife habitat areas), and/or to protect
life, property and resources from risks associated with development on unstable or critical lands (in the case of
geologically hazardous areas). Buffers shall typically consist of an undisturbed area of native vegetation retained or
established to achieve the purpose of the buffer. No buildings or structures shall be allowed within the buffer unless
as otherwise permitted by this section. If the site has previously been disturbed, the buffer area shall be revegetated
pursuant to an approved enhancement plan. 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. Restrictive covenants or conservation easements may be required to provide long -term
preservation and protection of buffer areas.
B. Required buffer widths shall reflect the sensitivity of t he particular critical area and resource or the risks
associated with development and, in those circumstances permitted by these regulations, the type and intensity of
human activity proposed to be conducted on or near the critical area.
C. Buffers shall be measured as follows:
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1. Wetland buffers – the buffer shall be measured perpendicular from the wetland edge as delineated and
marked in the field using the 1997 Washington State approved federal Wwetlands Identification and
Ddelineation Mmanual and the Western Mountains, Valleys, and Coast Regional supplement. Wetland
delineations are valid for five years; after such date the City shall determine whether a revision or additional
assessment is necessary;
2. Stream buffers – the buffer shall be measured perpendicular from the ordinary high water mark;
3. Geologically hazardous area buffers shall be required for critical landslide hazard areas and shall be
measured from the top and toe and along the sides of the slope.
D. Buffer Width Variances. A variance from buffer width requirements may be granted by the city subject to the
variance criteria set forth in ACC 16.10.160. Minor variances, defined as up to and including 10 percent of the
requirement, shall be considered by the director. Variance requests which exceed 10 percent shall be considered by
the hearing examiner.
E. Buffer widths shall be established for specific critical areas according to the following standards and criteria:
1. Wetland buffers shall be established as follows: per the following table. Different buffer width requirements
may apply to various portions of a site, without requiring averaging or variances, based on the site plan, the
intensity of land uses in various locations, and differences in the category of wetland.
Wetland Category
Minimum Buffer Width (in feet) with
Minimization Measures listed in ACC
16.10.090(E)(2)
Minaximum Buffer Width (in feet)
without Minimization Measures listed in
ACC 16.10.090(E)(2)
(see subsection (E)(1) (g) of this section)
Habitat Score* Habitat Score*
Low (3-5) Medium (6-7) High (8-9) Low (3-5) Medium (6-7) High (8-9)
Category I 100 feet75 110 225 200 feet100 150 300
Category II 50 feet75 110 225 100 feet100 150 300
Category III 25 feet60 110 225 50 feet80 150 300
Category IV 25 feet40 40 40 30 feet50 50 50
*As determined per ACC 16.10.080(C).
a. Standard buffer widths as noted in subsection (E)(1) in the Table heading “Without Minimization
Measures” of this section may be reduced to the buffer width in the Table heading “With Minimization
Measures”, if all of the following minimization measures are implemented and as follows:
i. For wetlands that score 6 points or more for habitat function, a relatively undisturbed, vegetated
corridor at least 100 feet wide is protected between the wetland and any other Priority Habitats as
defined by the Washington State Department of Fish and Wildlife. The corridor must be protected for
the entire distance between the wetland and the Priority Habitat consistent with ACC 16.10.110(D).
Presence or absence of a nearby habitat must be confirmed by a qualified biologist
ii. For wetlands that score 3-5 habitat points, on the minimization measures are required.
Disturbance Required Measures to Minimize Impacts
Lights - Direct lights away from wetland
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Noise - Locate activity that generates noise away from wetland
- If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source
- For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy
industry or mining, establish an additional 10’ heavily vegetated buffer strip immediately adjacent to
the activity
Toxic runoff - Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered
- Establish covenants limiting use of pesticides within 150 ft of wetland
- Apply integrated pest management
Stormwater Runoff - Retrofit stormwater detention and treatment for roads and existing adjacent development
- Prevent channelized flow from lawns that directly enters the buffer
- Use Low Intensity Development techniques
Change in water regime - Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new
lawns
Pets and human disturbance - Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance
using vegetation appropriate for the ecoregion
- Place wetland and its buffer in a separate tract or protect with a long term conservation easement
Dust - Use best management practices to control dust
Different buffer width requirements may apply to various portions of a site, without re quiring averaging or
variances, based on the site plan, the intensity of land uses in various locations, and differences in the category
of wetland.
ab. Buffer width averaging to improve wetland protection may be permitted when all of may be allowed
where the applicant demonstrates to the director that the wetland contains variations in sensitivity due to
existing physical characteristics, that lower intensity land uses would be located adjacent to areas where
buffer width is reduced, that width averaging will not adversely impact the wetland functional values
and/or that the total area contained within the buffer after averaging is no less in area than contained
within the standard buffer prior to averaging. Buffer width averaging may b e allowed only where such
reduction shall not result in greater than a 35 percent reduction in the buffer width established in this
section and the applicant demonstrates the following conditions are met:
i. The proposed buffer area is extensively vegetated and has less than 25 percent slopes, and the
reduction will not result in adverse impacts to the wetland; or The wetland has significant differences
in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent
to a degraded emergent component or a “dual-rated” wetland with a Category I area adjacent to a
lower-rated area.
ii. The project includes a buffer is increased adjacent to the higher-functioning area of habitat or more-
sensitive portion of the wetland and decreased adjacent to the lower -functioning or less-sensitive
portion as demonstrated by a critical areas report from a qualified wetland professional . enhancement
plan, as part of the mitigation required by this chapter and has less than 25 percent slopes. The buffer
enhancement plan shall use plant species which are native to the project area, and shall substantiate
that an enhanced buffer will improve the functional attributes of the buffer to provide additional
protection for wetland functional values; or
iii. The total area of the buffer after averaging is equal to the area required without averaging acreage
included in the buffer would substantially exceed the size of the wetland and the reduction will not
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result in adverse impacts to the wetland and the project includes a buffer enhancement plan which
ensures that the reduction will not result in adverse impacts to the wetland..
iv. The buffer at its narrowest point is never less than either 75 percent of the required width or 75 feet
for Category I and II, 50 feet for Category III, and 25 feet for Category IV, whichever buffer is greater.
b. Buffer width may be reduced by up to 35 percent if an applicant undertakes measures approved by the
director to enhance or restore the buffer. The restoration or enhancement may include, but is not limited
to, planting of native trees or shrubs, increasing the diversity of plant cover types or replacement of exotic
species with native species which approximate in composition a naturally occurring plant community.
cb. Application of subsections (E)(1)(a) and (b) of this section shall not result in a buff er width less than
25 feet.
dc. Certain uses and activities which are consistent with the purpose and function of the wetland buffer
and do not detract from its integrity may be permitted by the director within the buffer depending on the
sensitivity of the wetland. Examples of uses and activities with minimal impacts which may be permitted
in appropriate cases include permeable pedestrian trails, viewing platforms, and utility easements ;
provided, that any impacts to the buffer resulting from such permitt ed activities shall be mitigated. Uses
permitted within the buffer shall generally be located as far from the wetland as possible . Walkways and
trails Trails and easements should be limited to minor crossings having no adverse impact on water
quality. They should be generally parallel to the perimeter of the wetland, located only in the outer 25
percent of the wetland buffer area, and located to avoid removal of significant trees. Trails They should be
limited to pervious surfaces no more than 8 feet in width for pedestrian use only. Raised boardwalks
utilizing non-treated pilings may be acceptable.
ed. Where existing buffers are degraded, the director may allow limited filling within the buffer when the
applicant demonstrates that the buffer will be enhanced according to standards of this chapter, including
appropriate soil preparation, will not result in slopes exceeding 25 percent, and there will be no net loss of
wetland or buffer functions and values.
f. Long-term protection of a regulated wetland and its associated buffer shall be provided by one of the
following methods. It shall 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. The location a nd limitations
associated with the wetland and its buffer shall be shown on the face of the deed or plat applicable to the
property and shall be recorded with the King or Pierce County recording department .
g. The director may require increased buffer widt hs up to the amount in this column when a larger buffer
is deemed necessary to protect wetland functions and values based on site conditions, site design, intensity
and operational characteristics of the development/land use. Examples where increased buffe rs may be
required include, but are not limited to, where a larger buffer is necessary to maintain viable populations
of species listed as endangered, threatened or sensitive, or when land adjacent to the buffer is susceptible
to severe erosion and erosion control measures are inadequate to effectively prevent adverse wetland
impacts.
2. Stream buffers shall be established as follows:
Stream ClassType
Minimum
Buffer Width
(in feet)
Class I
(see subsection (E)(2)(b) of this section)Type S
100 feetPer
SMP
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Stream ClassType
Minimum
Buffer Width
(in feet)
Class II Type F 75 feet100
Class IIIType Np 25 feet 50
Class IVType Ns 25 feet 50
a. The applicable minimum buffer for Class IType S streams shall be the larger of the buffer established
by these regulations or that established byis listed in the city’s shoreline master program (SMP).
b. The buffer widths required in this section may be increased by the director up to a maximum of 50
percent for Class I, II and IVType F, and Ns streams and up to 100 percent for Class III Type Np streams
in response to site-specific conditions and based on the report information submitted to characterize the
functions and values of the stream. This includes, but is not limited to, situations where the critical area
serves as habitat for threatened, endangered or sensitive species. The applicant may propose to implement
one or more enhancement measures, listed in order of preference below, which will be considered in
establishing buffer requirements:
i. Removal of fish barriers to restore accessibility to anadromous fish.
ii. Enhancement of fish habitat using log structures incorporated as part of a fish habitat enhancement
plan.
iii. Enhancement of wildlife habitat by adding structures that are likely to be used by wildlife,
including wood duck houses, bat boxes, nesting platforms, snags, root wads/stumps, birdhouses, and
heron nesting areas.
iv. Additional mitigating measures may include but are not limited to:
(A) Landscaping outside the buffer area with native vegetation or a reduction in the amount of
clearing outside the buffer area;
(B) Planting native vegetation within the buffer area, especially vegetation that would increase
value for fish and wildlife, increase stream bank or slope stability, improve water quality, or
provide aesthetic/recreational value;
(C) Creating a surface channel where a stream was previously culverted or piped;
(D) Removing or modifying existing stream culverts (such as at road crossings) to improve fish
passage and flow capabilities which are not detrimental to fish;
(E) Upgrading retention/detention facilities or other drainage facilities beyond required level s; or
(F) Similar measures determined applicable by the director.
c. No structures or improvements shall be permitted within the stream buffer area, including buildings,
decks, docks, except as otherwise permitted or required under the city’s adopted shore line master program,
or under one of the following circumstances:
i. When the improvements are part of an approved enhancement, restoration or mitigation plan; or
ii. For construction of new public roads and utilities, and accessory structures, when no fea sible
alternative location exists; or
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iii. Construction of foot trails, according to the following criteria:
(A) Designed to minimize impact of permeable materials;
(B) Designed to minimize impact on the stream system;
(C) Of a maximum width of 12 feet;
(D) Located within the outer half of the buffer, i.e., the portion of the buffer that is farther away
from the stream; or
iv. Construction of footbridges; or
v. Construction of educational facilities, such as viewing platforms and informational signs.
d. Buffer width averaging may be allowed for Class IIType F and Class III Type Np streams only;
provided, that all of the following are demonstrated by the applicant:
i. One or more of the enhancement measures identified in subsection (E)(2)(b)(i) through (iv) of this
section is implemented;
ii. The total area contained within the buffer after averaging is no less in area than contained within the
standard buffer prior to averaging;
iii. The buffer width averaging will result in stream functions and values equal or greater than before
averaging; and
iv. The buffer width is not reduced by more than 35 25 percent in any location than the buffer widths
established by this chapter.
e. Stream buffer widths may be reduced by the director on a case -by-case basis by up to 35 25 percent if
an applicant demonstrates that a reduction will not result in any adverse impact to the stream. Further, if
an existing buffer is vegetated, a buffer enhancement plan may be required to demonstrate how the
function and values of the buffer and stream will be improved. If the existing buffer has been disturbed
and/or is not vegetated, an enhancement plan shall be required that identifies measures to enhance the
buffer functions and values and provide additional protection for the stream f unction and values.
Enhancement plans are subject to approval by the planning director.
f. Long-term protection of a regulated stream and its associated buffer shall be provided by one of the
following methods, except for the portion of Class I streams which are owned by the State Department of
Natural Resources. The stream and buffer shall be placed in a separate tract on which development is
prohibited, protected by execution of an easement dedicated to the city, a conservation organization, l and
trust, or similarly preserved through a permanent protective mechanism acceptable to the city. The
location and limitations associated with the stream and its buffer shall be shown on the face of the deed or
plat applicable to the property and shall be recorded with the King or Pierce County recording department .
3. Wildlife Habitat Areas.
a. Buffer widths for critical habitat areas shall be determined by the director based on consideration of the
following factors: species recommendations of the Depart ment of Fish and Wildlife; recommendations
contained in the wildlife report and the nature and intensity of land uses and activities occurring on the site
and on adjacent sites. Buffers shall not be required for secondary or tertiary habitat.
b. Buffer widths for critical habitat areas may be modified by averaging buffer widths or by enhancing or
restoring buffer quality.
c. Certain uses and activities which are consistent with the purpose and function of the buffer for critical
habitat areas and do not detract from its integrity may be permitted by the director within the buffer
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depending on the sensitivity of the habitat area. Examples of uses and activities with minimal impact
which may be permitted in appropriate cases include permeable pedestrian trail s and viewing platforms
and utility easements; provided, that any impacts to the buffer resulting from permitted facilities shall be
mitigated. When permitted, such facilities shall generally be located as far from the critical habitat area as
possible.
d. Long-term protection of critical habitat areas and their associated buffer(s) shall be provided by one of
the following methods. The critical habitat area and buffer(s) shall be placed in a separate tract on which
development is prohibited, protected by execution of an easement, dedicated to the city, a conservation
organization, land trust, or similarly preserved through a permanent protective mechanism acceptable to
the city. The location and limitations associated with the critical habitat area and its buffer(s) shall be
shown on the face of the deed or plat applicable to the property and shall be recorded with the King or
Pierce County recording department.
4. Geologically Hazardous Areas.
a. Required buffer widths for geologically hazardous areas shall reflect the sensitivity of the geologically
hazardous area in question and the types and the risks associated with development and, in those
circumstances permitted by these regulations, the type and intensity of human activity and site design
proposed to be conducted on or near the area.
b. Required buffers may vary in width. The widths of the buffer shall reflect the sensitivity of the
geologically hazardous area in question and the types and density of uses proposed on or adjacent to the
geologic hazard. In determining the appropriate buffer width, the director shall consider the
recommendations contained in any geotechnicallogic hazards report required by these regulations and
prepared by a qualified consultant.
c. Buffers may be reduced to a minimum width of 15 feet when the applicant demonstrates through the
geotechnicallogic hazard report that the reduction will adequately protect the geologic hazard and the
proposed development through use of proposed engineering techniques. (Ord. 5894 § 1, 2005.)
16.10.100 Alteration or development of critical areas – Standards and criteria – Prohibited Uses.
Alteration of specific critical areas and/or their buffers may be allowed by the director subject to the criteria of this
section. Alteration shall implement the mitigation standards as identified in ACC 16.10.110, and the performance
standards of ACC 16.10.120 and the monitoring requirements of ACC 16.10.130.
A. Wetlands.
1. Category I Wetlands. Alterations of Category I wetlands shall be avoided subject to the reasonable use
provisions of this chapter.
2. Category II Wetlands.
a. Alteration and mitigation shall comply with the mitigation performance standards and requirements of
these regulations;
b. Where enhancement, restoration or creation is proposed, replacement ratios shall comply with the
requirements of these regulations; and
c. No net loss of wetland functions and values may occur.
3. Category III and IV Wetlands.
a. Alteration and mitigation shall comply with the mitigation performance standards and requirements of
these regulations;
b. Where enhancement, restoration or creation is proposed, replacement ratios shall comply with the
requirements of these regulations; and
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c. No net loss of wetland functions and values may occur.
d. The following wetlands may be exempt from the requirement to avoid impacts and they may be filled if
the impacts are fully mitigated based on the remaining actions. If available, impacts should be mitigated
through the purchase of credits from an in-lieu fee program or mitigation bank, consistent with the terms
and conditions of the program or bank. Mitigation requirements may be determined using the credit/debit
tool described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western
Washington: Final Report (Ecology Publication #10-06-011, or as revised and approved by Ecology). In
order to verify the following conditions, a critical area report for wetlands meeting the requirements in
ACC 16.10.060 must be submitted.
i. All non-federally regulated Category IV wetlands less than 4,000 square feet that:
(A) Are not associated with riparian areas or their buffers
(B) Are not associated with shorelines of the state or their associated buffers
(C) Are not part of a wetland mosaic
(D) Do not score 6 or more points for habitat function based on the 2014 update to the Washington
State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-
029, or as revised and approved by Ecology).
(E) Do not contain a Priority Habitat or a Priority Area for a Priority Species identified by the
Washington Department of Fish and Wildlife, do not contain federally listed species or their
critical habitat, or species of local i mportance identified in ACC 16.10.080(E).
ii. Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed
species or their critical habitat are exempt from the buffer provisions contained in this Chapter.
B. Streams.
1. Relocation of a Class IIType F, IIINp and IVNs stream exclusively to facilitate general site design shall not
be allowed. Relocation of a stream may take place only when it is part of an approved mitigation or
enhancement/restoration plan, and will result in equal or better habitat and water quality, and will not diminish
the flow capacity of the stream.
2. Bridges shall be used to cross Class IType S streams; boring/micro-tunneling may be considered for utility
crossings if it would result in the same or lower impacts as bridging.
3. Culverts are allowable only under the following circumstances:
a. Only in Class II, III, and IVType F, Type Np, and Type Ns streams;
b. When fish passage will not be impaired;
c. When the following design criteria are met:
i. Oversized All new culverts will shall be installed designed following guidance provided in the
Washington Department of Fish and Wildlife’s document: Water Crossing Design Guidelines, 2013
(or most recent version thereof). The applicant shall obtain a HPA from the Department of Fish and
Wildlife;
ii. Culverts will include gradient controls and creation of pools withi n the culvert for Class IIType F
streams;
iii. Gravel substrate will be placed in the bottom of the culvert to a minimum depth of one foot for
Class IIType F and Class III Type Np streams;
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d. The applicant or successors shall, at all times, keep any culvert free of debris and sediment to allow free
passage of water and, if applicable, fish. This responsibility shall be part of the required long term
preservation measure and may be subject to securing all the necessary approvals for any ongoing
maintenance.
4. The city may require that an existing culvert be removed from a stream as a condition of approval, unless the
culvert is not detrimental to fish habitat or water quality, or removal would be a long -term detriment to fish or
wildlife habitat or water quality.
C. Wildlife Habitat.
1. Critical Habitat. Alterations of critical habitat shall be avoided, subject to the reasonable use provisions of
this chapter.
2. Secondary Habitat. Alterations of secondary habitat may be permitted; provided, that the ap plicant mitigates
adverse impacts consistent with the performance standards of ACC 16.10.120, and other requirements of this
chapter.
3. Tertiary Habitat. Alterations of tertiary habitat are permitted consistent with applicable provisions of these
regulations and provided that no other regulated critical area is present.
D. Ground Water Protection Aquifer Recharge Areas. Requests to establish Tthe following land uses and activities
applied for on or after the effective date of the ordinance codified in this chapter, as amended, shall be prohibited in
ground water protection zones 1, 2, and 3 : Type I aquifer recharge areas:
1. Class V injection wells that inject industrial, municipal, or commercial waste fluids (as defined in WAC 173 -
218-030);
2. Surface impoundments for treating, storing and disposing of dangerous waste (as defined in WAC 173 -303-
040 and 173-304-100);
3. Waste piles for treating or storing solid waste (as defined in WAC 173 -303-040, 173-303-660 and 173-304-
420);
4. Hazardous waste treatment, storage, and disposal (as defined in WAC 173-303-040);
5. All types of solid waste landfills (as defined in WAC 173-304-100);
6. On-site sewage systems (as defined in WAC 246-272A-01001) except as related to R-RC, rural residential
conservancy zoned properties; and properties located within sole source aquifer (community well sites not
classified as groundwater protection areas) 5- and 10-year time of travel areas. On-site sewage systems may be
allowed in instances that there are no other means of sewage disposal and the applicant can demonstrate to the
King County Health Department, that the system can meet treatment standard N, as provided in WAC chapter
246-272A-0110. Should an on-site sewage system be unable to meet these requirements, the applicant may
apply for a critical areas variance in accordance with this chapter.
7. Recycling facilities that accept, store, or use hazardous materials; substances as defined in WAC 173-218-
030.
8. Underground storage of hazardous materials substances as defined in WAC 173-218-030, excluding the
underground storage of petroleum and other regulated substances as regulated by Chapter 173-360A WAC;
9. Use, storage, treatment, or production of perchlorethylene (PCE) or tetrachloroethylene (PERC), other than
in closed-loop systems that do not involve any discharge of PCEchemicals;
10. Petroleum refining, reprocessing, and storage, excluding the underground storage of petroleum products
and other substances as regulated by Chapter 173-360A WAC;
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11. Petroleum-product pipelines not associated with underground storage of petroleum and other regulated
substances as regulated by Chapter 173-360 WAC; and
12. Storage or distribution of gasoline treated with the additive methyl tertiary butyl ether (MTBE).
E. Geologically Hazardous Areas.
1. General Standards. The city may approve, condition or deny proposals for the alteration of geologic ally
hazardous areas, as appropriate, based on the degree to which the significant risks posed by critical hazard areas
to public and private property and to public health and safety can be mitigated. The objective of mitigation
measures shall be to render a site containing a critical geologic hazard as safe as one not containing such hazard
or one characterized by a low hazard. In appropriate cases, conditions may include limitations of proposed uses,
modification of density, alteration of site layout and other appropri ate changes to the proposal. Where potential
impacts cannot be effectively mitigated or where the risk to public health, safety and welfare, public or private
property, or important natural resources is significant notwithstanding mitigation, the proposal shall be denied.
2. Specific Standards.
a. Class IV Landslide Hazard Areas. Alteration shall be prohibited subject to the reasonable use provisions
of this chapter.
b. Critical Seismic Hazard Areas.
i. For one-story and two-story residential structures, the applicant shall conduct an evaluation of site
response and liquefaction potential based on the performance of similar structures under similar
foundation conditions; or
ii. For all other proposals, the applicant shall conduct an evaluation of site resp onse and liquefaction
potential including sufficient subsurface exploration to provide a site coefficient (S) for use in the
static lateral force procedure described in the International Building Code.
c. When development is permitted in geologically hazardous areas by these regulations, an applicant
and/or its qualified consultant shall provide assurances which, at the city’s discretion, may include one or
more of the following:
i. A letter from the geotechnical engineer and/or geologist who prepared the geotechnicallogic hazard
report required by these regulations, stating that the risk of damage from the proposal, both on -site and
off-site, are minimal subject to the conditions set forth in the report, that the proposal will not increase
the risk of occurrence of the potential geologic hazard, and that measures to eliminate or reduce risks
have been incorporated into its recommendations;
ii. A letter from the applicant, or the owner of the property if not the applicant, stating its
understanding and acceptance of any risk of injury or damage associated with development of the site
and agreeing to notify any future purchasers of the site, portions of the site, or structures located on the
site of the geologic hazard;
iii. A legally enforceable hold harmless agreement, which shall be recorded as a covenant and noted on
the face of the deed or plat, and executed in a form satisfactory to the city, acknowledging that the site
is located in a geologically hazardous area; the risks associated with development of such site; and a
waiver and release of any and all claims of the owner(s), their directors, employees, or successors, or
assigns against the city of Auburn for any loss, damage, or injury, whether direct or indirect, arising
out of issuance of development permits for the proposal; and
iv. Posting of a bond, guarantee or other assurance device approved by the city to cover the cost of
monitoring, maintenance and any necessary corrective actions.
F. Flood Hazard Areas. Development standards are defined by Chapter 15.68 ACC. (Ord. 5894 § 1, 2005.)
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16.10.110 Mitigation standards, location, and timing, criteria wetland replacement ratios, and plan long
term protection requirements.
A. Mitigation Standards. Adverse impacts to critical area functions and values shall be mitigated. Mitigation actions
shall generally be implemented in the preferred sequence identified in this chapter. Proposals which include less
preferred and/or compensatory mitigation shall demonstrate that:
1. All feasible and reasonable measures as determined by the department have been taken to reduce impacts
and losses to the critical area, or to avoid impacts where avoidance is required by these regulations;
2. The restored, created or enhanced critical area or buffer will be as viable and enduring as the critical area or
buffer area it replaces; and
3. No overall net loss will occur in wetland or stream functions and values. The mitigation shall be functionally
equivalent to or greater than the altered wetland or stream in terms of hyd rological, biological, physical, and
chemical functions.
B. Location and Timing of Mitigation.
1. The preferred location of mitigation is on site when ecologically preferable to other identified alternatives.
Mitigation may be allowed off site when it is determined by the department Director that on-site mitigation is
not ecologically preferable to other identified alternatives, or, in the case of wetlands, where the affected site is
identified as appropriate for off-site mitigation in the Mill Creek Special Area Management Plan (SAMP),
April 2000. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on
site or is consistent with the SAMP. If it is determined that on-site mitigation is not ecologically preferable to
other identified alternatives, mitigation shall be provided in the same drainage basin as the permitted activity on
property owned, secured, or controlled by the applicant, or provided by the applicant using alternative
mitigation options such as mitigation banking or in-lieu fee programs. The mitigation should result in no net
loss to the critical area functions impacted and associated watershed. Where mitigation is authorized to be
located outside the city limits, the applicant shall assure to the satisfaction of the department director that other
requirements of this chapter will be met, including but not limited to, monitoring and maintenance.
2. In-kind mitigation shall be provided except when the applicant demonstrates, and the department director
concurs, that greater functional and habitat value can be achieved through out -of-kind mitigation.
3. When wetland, stream or habitat mitigation is permitted by these regulations, the mitigation project shall
occur near an adequate water supply (river, stream, ground water) with a hydrologic connection to the critical
area to ensure a successful mitigation or restoration. A natural hydrologic connection is preferential as
compared to one which relies upon manmade or constructed features requiring routine ma intenance.
4. Any mitigation plan shall be completed before initiation of other permitted activities, unless a phased or
concurrent schedule that assures completion prior to occupancy has been approved by the department.
C. Wetland Replacement Ratios.
1. Where wetland alterations are permitted by the director, the applicant shall enhance or create areas of
wetlands in order to compensate for wetland losses. The compensation shall be determined according to
acreage, function, type, location, timing factors a nd projected success of enhancement or creation.
2. The following acreage replacement and enhancement ratios shall be implemented; however, the department
may vary these standards if the applicant can demonstrate and the director agrees that the variation will provide
adequate compensation for lost wetland area, functions and values, or if other circumstances as determined by
the director justify the variation. Except as provided for Category IV wetlands in subsection (C)(3) of this
section, iIn no case shall the amount of mitigation be less than the area of affected wetland. The director may at
his discretion increase these standards where mitigation is to occur off-site or in other appropriate
circumstances.
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3. Category IV wetlands can be mitigated by either: (a) meeting one of the replacement ratios (*selisted in the
following table); or (b) filled and implementing mitigatedion consistent with 16.10.100(A)(3)(d) which ensures
no net loss of values and functions of the larger ecosystem in which the critical area is located .
Wetland
Category and
type of
Wetland
Wetland Creation Ratio
(Acres)or Re-establishment
Rehabilitation
Wetland Enhancement Ratio
(Acres)
(Acres Created or Enhanced: Acres Impacted)
Category I:
Bog, Natural
Heritage Site
6:1 Not considered possible Case by case 12:1Case by case
Category I:
Mature
Forested
6:1 12:1 24:1
Category I:
Based on
functions
4:1 8:1 16:1
Category II Forested
3:1
6:1 612:1
Scrub/Shrub 2:1 4:1
Emergent 2:1 4:1
Category III Forested
23:1
4:1 68:1
Scrub/Shrub 2:1 4:1
Emergent 2:1 4:1
Category IV* 1.25:1* 3:1 2.56:1*
D. Long-term protection of regulated wetlands, streams, wildlife habitat areas, geologically
hazardous areas, aquifer recharge areas, and any associated buffer(s) shall be provided by one of
the following methods:
1. It For subdivisions, short subdivisions, and binding site plans, the critical area and its buffer
shall be placerotected long-term by one of the following measures in the following order of
preference:
a. The critical area and its buffer shall be placed in a separate tract on which development
is prohibited and a note shown on the face of the plat indicating that the homeowners or
homeowners’ association is responsible for maintenance of the tract. If the City agrees to
accept dedication of the tract, a City-approved note shall be shown on the face of the plat
indicating that the City is responsible for long term ownership and maintenance of the
tract and there shall be adequate provisions for City access to the tract from a public
street, as approved by the director.
b. The critical area and its buffer shall be 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. Access to the easement
must be assured from the public street.
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2. For all other developments. The critical area and its buffer shall be 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. The legal
description, depicted location, and limitations associated with the critical area and its buffer,
and access from the public street shall be shownincluded within on the easement document.
face of the deed or plat applicable to the property and The easement provisions shall be
reviewed and acceptable to the City prior to recordeding with the King County Recorder or
Pierce County recording departmentAuditor. Any area in which Department of Natural
Resources has jurisdiction, ownership such as Type S streams, will not be subject to this
requirement.
(Ord. 6476 § 1, 2013; Ord. 5894 § 1, 2005.)
16.10.120 Performance standards for mitigation planning.
The performance standards in this section shall be incorporated into mitigation plans submitted to the city for
impacts to critical areas.
A. Wetlands and Streams.
1. Use plants native to the Puget Lowlands or Pacific Northwest ecoregion; non -native, introduced plants or
plants listed by the Washington State Department of Agriculture as noxious weeds (Chapter 16-750 WAC)
shall not be used;
2. Use plants adapted to and appropriate for the proposed habitats and consider the ecological conditions known
or expected to be present on the site. For example, plants assigned a facultative wetland (FACW) wetland
indicator status should be used for sites with soils that are inundated or saturated for long periods during the
growing season. Use nearby reference wetlands or aerial photos to identify plants suitable to the site conditions
and hydrologic regimes planned for the mitigation site. Avoid planting significant areas of the site with species
that have questionable potential for successful establishment, such as species with a narrow range of habitat
tolerances;
3. Utilize plant species’ heterogeneity a nd structural diversity that emulates native plant communities described
in “Natural Vegetation of Oregon and Washington” (Franklin, J.F. and C.T. Dyrness, 1988) or other regionally
recognized publications on native landscapes;
4. Specify plants that are commercially available from native-plant nurseries or available from local sources. If
collecting some or all native plants from donor sites, collect in accordance with ecologically accepted methods,
such as those described in the “Washington Native Plant Society’s Policy on Collection and Sale of Native
Plants,” that do not jeopardize the survival or integrity of donor plant populations;
5. Use perennial plants in preference to annual species; the use of annuals species should be limited to a
temporary basis in order to provide erosion control, support the establishment of perennial plants, or if
mitigation monitoring determines that native plants are not naturally colonizing the site or if species diversity is
unacceptably low compared to approved performance standards;
6. Use plant species high in food and cover value for native fish and wildlife species that are known or likely to
use the mitigation site (according to reference wetlands, published information, and professional judgment);
7. Install a temporary irrigation system and specify an irrigation schedule and responsible party to maintain
unless a sufficient naturally-occurring source of water is demonstrated. Temporary irrigation facilities shall be
removed after the time specified by the qualified consultant;
8. Identify methods of soil preparation. For stream substrate or wetland soils, at least one foot of clean
inorganic and/or organic materials, such as cobble, gravel, sand, silt, clay, muck, soil, or peat, as appropriate,
shall be ensured. The stream substrate or wetland soils shall be free from solid, dangerous, or hazardous
substance as defined by Chapter 70.105 RCW and implementing rules;
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9. Confine temporary stockpiling of soils to upland areas. Identify construction access routes and mea sures to
avoid resultant soil compaction. Unless otherwise approved by the director, comply with all applicable best
management practices for clearing, grading, and erosion control to protect any nearby surface waters from
sediment and turbidity;
10. Show densities and placement of plants; these should be based on the ecological tolerances of species
proposed for planting, as determined by a qualified consultant;
11. Provide sufficient specifications and instructions to ensure proper placement and spacing of seeds, tubers,
bulbs, rhizomes, springs, plugs and transplanted stock, and other habitat features, and to provide a high
probability of success, and to reduce the likelihood of prolonged losses of wetland functions from proposed
development;
12. Do not rely on fertilizers and herbicides to promote establishment of plantings; if fertilizers are used, they
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 to control invasive species or noxious weeds and
to help achieve performance standards, 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;
and
13. Include the applicant’s mitigation plan consultant in the construction process to ensure the approved
mitigation plan is completed as designed. At a minimum, the consultant’s participation will include site visits to
inspect completed rough and final grading, installation of in-water or other habitat structures, and to verify the
quality and quantity of native plant materials before and after installation;
14. Signs and Fencing of Wetlands and Streams Critical Areas.
a. Temporary Markers. The outer perimeter of the critical area or buffer and the limits of those areas to be
disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to
ensure that no unauthorized intrusion will occur, and verified by the depar tment prior to the
commencement of authorized activities. This temporary marking shall be maintained throughout
construction, and shall not be removed until permanent signs, if required, are in place.
b. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the
department may require the applicant to install permanent signs along the boundary of a critical area or
buffer. Permanent signs shall be made of metal face and attached to a metal post, firmed anchored, or
other materials of equal durability approved by the director. Signs must be posted at an interval of one per
lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. The
sign shall be worded as follows or with alternative language approved by the director:
“Habitat Conservation AreaSensitive Area Boundary”
“Do Not DisturbHelp protect and care for this area. Trampling or cutting vegetation, placing
fill or garbage, and any other activities that may disturb the sensitive area are prohibited, as
regulated under Auburn City Code Chapter 16.10.
Please contact City of Auburn at 253-931-3090 with questions or concerns.”
Contact the City of Auburn Planning Department regarding uses and restrictions
c. Fencing.
i. The director shall condition any permit or authorization issued pursuant to this chapter to require the
application to install a permanent fence at the edge of the critical area or buffer, when fencing will
prevent future impacts on the critical area.
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ii. The applicant shall be required to install a permanent fence around the critical area or buffer when
domestic grazing animals are present or may be introduced on-site.
iii. Fencing installed as part of a proposed activity or as required in this subsection shall be designed so
as to not interfere with species migration, including fish runs, and shall be constructed in a ma nner that
minimizes habitat impacts.
iv. Fencing shall include a permanent natural wood split-rail fence, such as cedar or other non-pressure
treated wood with fence posts be set in concrete footings, or similar, as approved by the director.
B. Wetlands. Do not exceed a maximum water depth of 6.6 feet (two meters) at mean low water unless approved as
part of a planned interspersion of wetland vegetation classes and deep-water habitats.
1. Do not exceed a slope of 25 percent (4H:1V) in the wetland unless it can be clearly demonstrated by
supporting documentation that wetland hydrology and hydric soils capable of supporting hydrophytic (wetland)
vegetation will be created on steeper slopes;
2. Do not exceed a slope of 25 percent (4H:1V) in the wetland buffer ; and
3. Limit deep-water habitat (greater than 6.6 feet at mean low water) in compensatory wetland to no more than
60 percent of the total area, and approach this limit only when deep -water habitat is highly interspersed with
wetland vegetation classes, including aquatic bed, emergent, scrub-shrub, and forested.
C. Wildlife Habitat Conservation Areas.
1. Incorporate relevant performance standards from subsections A and B of this section, as determined by the
director;
2. Include the following additional mitigation measures in mitigation planning:
a. Locate buildings and structures in a manner that minimizes adverse impacts on critical habitats used by
threatened or endangered species and identified by the Washington State Department of Fish and Wildlife,
NOAA Fisheries, and U.S. Fish and Wildlife Service;
b. Integrate retained habitat into open space and landscaping;
c. Wherever possible, consolidate critical habitats into larger, unfragmented, contiguous blocks;
d. Use native plant species for landscaping of disturbed or undeveloped areas and in any habitat
enhancement or restoration activities;
e. Create habitat heterogeneity and structural diversity that emulates native plant communities described in
Natural Vegetation of Oregon and Washington (Franklin, J.F. and C.T. Dyrness, 1988) or other regionally
recognized publications on native landscapes;
f. Remove and/or control any noxious weeds or exotic animals which are problematic to the critical habitat
area as determined by the director or consultant hired by the city to review the mitigation plan; and
g. Preserve significant or existing native trees, preferably in stands or groups, consistent with achieving
the goals and standards of this chapter; the plan shall reflect the report prepared pursuant to ACC
16.10.070.
D. Geologically Hazardous Areas.
1. Incorporate relevant performance standards from the preceding subsections, as determined by the director;
2. The following additional performance standards shall be reflected in proposals within geologic ally hazardous
areas:
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a. A geotechnical logic hazard report shall be prepared to identify and evaluate potential hazards and to
formulate mitigation measures;
b. Construction methods will not adversely affect geologic hazards or will reduce adverse impacts on
geologic hazards;
c. Site planning shall minimize disruption of existing topography and natural vegetation;
d. Impervious surface coverage shall be minimized;
e. Disturbed areas shall be replanted with permanent vegetation as soon as feasible pursuant to a
mitigation or landscape plan;
f. Clearing and grading shall be limited to between April 1st and October 31st unless the geo technicallogic
hazard report specifically addresses measures necessary to perform clearing and grading during other
portions of the year;
g. The limited use of retaining walls that minimize disturbance or alteration of existing natural slope areas
are preferred over graded slopes;
h. Temporary erosion and sedimentation controls, pursuant to an approved plan, shall be implemented
during construction;
i. A drainage plan shall be prepared for large projects as required by the city engineer;
j. Development shall not increase instability or create a hazard to the site or adjacent properties, or result
in a significant increase in sedimentation or erosion.
E. Ground Water Protection Aquifer Recharge Areas. A mitigation plan is Protective measures are required of all
development except an individual single-family or two-family (duplex) dwelling unit. The mitigation plans
Development applications shall include the following minimum measures and incorporate the appropriate responses.
1. Ground Water Protection Zones 1, 2 and 3Type I Aquifer Recharge Areas.
a. Indicate how hazardous materials substances shall be stored and used such that any unauthorized release
or discharge of the hazardous materials substances is prevented.
b. Specify that pesticides, herbicides, and fertilizers shall be applied in strict conformance with
manufacturer’s instructions and by persons licensed to perform such applications, if applicable.
c. Document hazardous materials substances management procedures, including, but not limited to,
operations plans, drawings and as-built diagrams, emergency response and spill cleanup plans, and
employee training documentation. This information can be provided in the form of copies of permits or
other documentation required by other authorities.
d. Indicate that any fill material shall be documented to be free of contaminants that exceed Method A and
Method B soil cleanup standards specified in Chapter 173-340 WAC prior to placement on the ground, if
applicable.
e. Specify that any contaminant release reported to the Washington State Department of Ecology
(Ecology) per Chapter 173-340 WAC shall also be reported to the city of Auburn public works department
concurrent with notification of Ecology.
f. Include a provision that the implementation of the mitigation plan protective measures will be kept up-
to-date maintained during the life of the project. Updates shall occur whenever there is a change in use or
business occupancy or when there are significant changes in facility operations or hazardous materials
substances management. A copy of the plan is to be available for review by city inspectors at the business
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or businesses within the development. The plan should cover the facility site in general as well as have a
section(s) specific to any tenants within the development.
2. Ground Water Protection Zone 4Type II Aquifer Recharge Areas. Business Property owners shall implement
best management practices for water resource protection. (Ord. 5894 § 1, 2005.)
16.10.130 Monitoring program and contingency plan.
A. For all actions requiring a mitigation plan, a monitoring program shall be prepared and implemented by the
applicant to evaluate the success of the mitigation project and to determine necessary corrective actions. This
program shall determine if the original goals and objectives are being met. The monitoring program shall be
reviewed and approved by the city prior to implementation. The monitoring program shall include a contingency
plan in the event that implementation of the mitigation plan is inadequa te or fails.
B. A performance and maintenance security is required to ensure the applicant’s compliance with the terms of the
approved mitigation plan. The amount of the performance security shall equal 125 percent of the cost of the
mitigation project for the length of the monitoring period; the director may agree to reduce the security in proportion
to work successfully completed over the period of the security.
C. Incorporate the following into monitoring programs prepared to comply with this chapter:
1. Appropriate, accepted, and unbiased qualitative or precise and accurate quantitative sampling methods to
evaluate the success or failure of the project compared to performance standards approved by the city;
2. Quantitative sampling methods that include permanent photo points installed at the completion of
construction and maintained throughout the monitoring period and shall also include permanent transects,
sampling points (e.g., quadrants or water quality or quantity monitoring stations), and wildlife monitoring
stations;
3. Clearly stipulated qualitative and quantitative sampling methods that are approved by the city before
implementation by the project proponent;
4. Appropriate qualitative and/or quantitative performance standards that will be used t o measure the success or
failure of the mitigation. For wetlands, streams and habitat areas these will include, at a minimum, standards for
plant survival and diversity, including structural diversity, the extent of wetland hydrology, hydric soils, and
habitat types and requirements as appropriate; all proposed standards are subject to review and approval by the
city or the consultant selected by the city to review the mitigation monitoring plan. The qualitative and/or
quantitative performance standards shall generally address the following subject areas:
a. Requirements for survival of plantings;
b. Requirements for plant density or percent cover by plants;
c .Requirements for plant diversity (species composition diversity, structural diversity – tree, shrub, and
groundcover layers, deciduous and evergreen, etc.);
d, Requirements that are staged over time so that different performance standards must be met as the
mitigation area matures;
e. Measures to verify that the type and amount of functional areas that are part of the mitigation plan are
successfully established (e.g. identify steps that will be implemented to confirm that the amount and type
of created wetland meets the criteria of a wetland);
f. Requirements specifically limiting occurrence of exotic and nuisance plant species ’
g. Requirements for ongoing preservation and protection measures such as continued existence in good
condition of fencing and critical area signage. Also, avoidance of disturbance, trampling and the
accumulation of litter or debris within the critical area wetland and its buffer.
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5. Monitoring programs for a minimum period of three five years for buffer enhancement and a minimum of
five years for other types of mitigation programs that include, at a minimum, preparation of an as -built plan;
biannual monitoring and preparation of annual monitoring reports following implementation; and a
maintenance plan. More stringent monitoring requirements or longer monitoring periods may be required on a
case-by-case basis for more complex mitigation plans (e.g. ten years or more when forested or scrub-shrub
wetlands are the intended result);
6. Monitoring reports shall be submitted to the director by December 1st of the year in which monitoring is
conducted. The reports are to be prepared by a qualified consultant and must contain all qualitative and
quantitative monitoring data, photographs, and an evaluation of each of the applicable performance standards.
If performance standards are not being met, appropriate corrective or contingency measures must be identified
and communicated to the director and upon concurrence, implemented to ensure that performance standards
will be met;
7. Provision for the extension of the monitoring period beyond the minimum timeframe if performance
standards are not being met at the end of the initial five-year period; and provision for additional financial
securities or bonding to ensure that any additional monitoring and contingen cies are completed to ensure the
success of the mitigation. (Ord. 5894 § 1, 2005.)
16.10.140 Procedural provisions.
A. Interpretation and Conflicts. The director shall have the authority to administer the provisions of this chapter, to
make determinations with regard to the applicability of the regulations, to interpret the intent of unclear provisions,
to require additional information, to determine the level of detail and appropriate methodologies for critical area
reports and studies, to prepare application forms and informational materials as required, and to promulgate
procedures and rules for unique circumstances not anticipated within standards and procedures contained in this
section. Administrative interpretations may be appealed to the hearing exa miner as prescribed in ACC 18.70.050.
B. Penalties and Enforcement. Compliance with these regulations and penalties for their violation shall be enforced
pursuant to the procedures set forth in Chapter 1.25 ACC.
C. Appeals offrom Critical Area Review Decisions. Appeals of critical area review decisions shall be governed by
the procedures set forth in ACC 18.70.050. (Ord. 5894 § 1, 2005.)
16.10.150 Reasonable use provision.
A. The standards and requirements of these regulations are not intended, and shall not be construed or applied in a
manner, to deny all reasonable use of private property. If an applicant demonstrates to the satisfaction of the hearing
examiner that strict application of these standards would deny all reasonable economic use of a property,
development may be permitted subject to appropriate conditions.
B. Applications for a reasonable use exception shall be processed as a Type III decision, pursuant to ACC 14.03.030
and Chapter 2.46 ACC.
C. An applicant for relief from strict application of these standards shall demonstrate that all of the following criteria
are met:
1. No reasonable use with less impact on the critical area and its buffer is possible.
There is no feasible and reasonable on-site alternative to the activities proposed, considering possible changes
in site layout, reductions in density and similar factors, that would allow a reasonable and economically viable
use with fewer adverse impacts;
2. The proposed activities, as conditioned, will result in the minimum possible impacts to affected critical areas;
3. All reasonable mitigation measures have been implemented or assured;
4. The inability to derive reasonable use is not the result of the applicant’s actions or that of a previous property
owner, such as by segregating or dividing the property and creating an undevelopable condition; and
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5. The applicant shall demonstrate that the use would not cause a hazard to life, health or property.
D. Any alteration of a critical area approved under this section shall be subject to appropriate conditions and will
require mitigation construction authorized by under an approved mitigation plan.
E. The burden of proof shall be on the applicant to provide evidence in support of the application and to provide
sufficient information on which any decision has to be made.
EF. Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise
required for a proposal by applicable city codes.
FG. Except when application of this title would deny all r easonable use of a site, an applicant who seeks an
exception from the regulations of the title shall pursue a variance as provided in ACC 16.10.160. (Ord. 6442 § 13,
2012; Ord. 5894 § 1, 2005.)
16.10.160 Variances.
Applications for variances to the strict application of the terms of this chapter to a property may be submitted to the
city. Minor variances, defined as up to and including 10 percent of the requirement, may be granted by the director
as a Type II decision as defined by Chapter 14.03 ACC. Variance requests which exceed 10 percent may be granted
by the hearing examiner as a Type III decision, pursuant to ACC 14.03.030 and Chapter 2.46 ACC. Approval of
variances from the strict application of the critical area requirements shall conform to the foll owing criteria:
A. There are unique physical conditions peculiar and inherent to the affected property which make it difficult or
infeasible to strictly comply with the provisions of this section;
B. The variance is the minimum necessary to accommodate the building footprint and access;
C. The proposed variance would preserve the functions and values of the critical area, and/or the proposal does not
create or increase a risk to the public health, safety and general welfare, or to public or private property ;
D. The proposed variance would not adversely affect surrounding properties adjoining;
E. Adverse impacts to critical areas resulting from the proposal are minimized; and
F. The special circumstances or conditions affecting the property are not a result o f the actions of the applicant or
previous owner. (Ord. 6442 § 14, 2012; Ord. 5894 § 1, 2005.)
16.10.170 Special exception for public agencies and utilities.
A. If the application of this chapter would prohibit a development proposal by a public agency or public utility, the
agency or utility may apply for an exception pursuant to this section.
B. Exception Request and Review Process. An application for a public agency and utility exception shall be made to
the city and shall include a critical area identification form; critical area report, including mitigation plan, if
necessary; and any other related project documents such as permit applications to other agencies, special studies,
and environmental documents prepared pursuant to the State Environmental Po licy Act (Chapter 43.21C RCW and
Chapter 197-11 WAC). The director shall prepare a recommendation to the hearing examiner based on review of the
submitted information, a site inspection, and the proposal’s ability to comply with public agency and utility
exception review criteria in subsection D of this section.
C. Hearing Examiner Review. The hearing examiner shall review the application and director’s recommendation,
and conduct a public hearing pursuant to the provisions of Chapter 2.46 ACC. The hearing examiner shall approve,
approve with conditions, or deny the request based on the proposal’s ability to comply with all of the public agency
and utility exception criteria in subsection D of this section.
D. Public Agency and Utility Review Criteria. The criteria for review and approval of public agency and utility
exceptions follow:
1. There is no other practical alternative to the proposed development with less impact on critical areas;
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2. The application of this chapter would unreasonably restrict the ability to provide utility services to the
public;
3. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the
development proposal site;
4. The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with
other applicable regulations and standards. The proposal protects critical area functions and values to the extent
feasible and provides for mitigation in accordance with the provisions of this chapter; and
5. The proposal is consistent with other applicable regulations and standards.
E. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the
application and to provide sufficient information on which any decision has to be made on the application. (Ord.
6442 § 15, 2012; Ord. 5894 § 1, 2005.)
16.10.180 Severability.
If any provision of these regulations or its application to any person or circumstance is held invalid by a court of
competent jurisdiction, the remainder of these regulations or the application to other persons or circumstances shall
not be affected. (Ord. 5894 § 1, 2005.)
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Solid Waste Contract Procurement (Thomas) (15 Minutes)
Date:
October 23, 2019
Department:
Finance
Attachments:
Solid Waste Contract Procurement Schedule
Budget Impact:
Administrativ e Recommendation:
For discussion only.
Background Summary:
The City of Auburn’s solid waste contract with Waste Management and franchise agreement
with Republic Services expire September 30, 2021. The City is beginning the Request for
Proposal (RFP) process to competitively procure the next solid waste contract. The
competitive process will ensure the best rate and service package for City of Auburn
residents and businesses. The new contract will be effective October 1, 2021, and
encompass the entire City.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:October 28, 2019 Item Number:
Page 209 of 217
EVENT TIME FRAME
1. Meetings with Solid Waste Companies September, 2019
2. Draft RFP October, 2019
3. Release Draft Documents for Industry Review November 1, 2019
4. Industry Comments Due to City November 15, 2019
5. Publish Notice & Issue Proposal Documents December 16, 2019
6. Deadline for Proposal Questions January 15, 2020
7. Proposals Due April 15, 2020
8. Proposal Evaluation, Interviews, Clarifications April-May, 2020
9. Selection, Finalization of Contract June, 2020
10. Recommendation to City Council June, 2020
11. City Executes New Contract June, 2020
12. Contractor Delivers Transition/Implementation Plan September, 2020
13. City/Contractor Prepare for Transition Oct 2020-Sept 2021
14. Container Delivery as Required September, 2021
15. Start of Collection Services October 1, 2021
CITY OF AUBURN NEW SOLID WASTE CONTRACT
REQUEST FOR PROPOSAL (RFP) SCHEDULE
Page 210 of 217
AGENDA BILL APPROVAL FORM
Agenda Subject:
2019 Auburn Tourism Update (Hinman) (15 Minutes)
Date:
October 23, 2019
Department:
Administration
Attachments:
2019 Tourism Update Executive Summary
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:October 28, 2019 Item Number:
Page 211 of 217
2019 Tourism Executive Summary for City Council
The 2019 City of Auburn Tourism initiatives had another successful year.
We rang in the new year, thanks to the support of various Auburn organizations,
with the first annual Auburn Adventure Film Festival. There were 2.5 days of
fantastic film shorts and we also welcomed moviegoers and residents to various
activities around the City. Auburn also saw a double digit year on year hotel
revenue increase during the same time period our “Create Your Own Adventure”
Stay & Play Campaign was aired.
Midyear, we awarded over $15,000 in Tourism Grants for events ranging from
Geocaching to a Korean International Sports Festivals. Each event drew a unique
and varied visitor group to Auburn, which helped increase destination awareness.
There was a big announcement later in the year about Fieldhouse USA coming to
the Outlet Collection; which, according to results in other cities where they are
present, can bring around 5,000 visitors per weekend during events. In addition,
Auburn even has a brand new 120 room Holiday Inn Express, as well as a new Hilton
Hotel on the horizon by the same owners group.
Closer to home, the Explore Auburn team made their presence known through the
use of interactive Tourism tables at various local events like the Farmers market,
and Petpalooza and the specially made tourism related fortune cookies and Auburn
themed coasters created lasting memories.
Looking ahead to 2020, there are some exciting regional initiatives being discussed
to work on capturing more of the regional travelers attention. All in All it was a
fantastic year for tourism and we look forward to bringing more tourists & revenue
to our lovely City.
Page 212 of 217
AGENDA BILL APPROVAL FORM
Agenda Subject:
2019 Business Improvement Area Update (Hinman) (15
Minutes)
Date:
October 23, 2019
Department:
Administration
Attachments:
2019 Bus iness Improvement Area Update
Executive Summary
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:October 28, 2019 Item Number:
Page 213 of 217
Executive Summary:
The Business Improvement Area is a special geographically designated area governed by Auburn City
Code 2.98. Special assessments are charged at a rate of $0.15 per usable foot to each of the 239
businesses located within the area. Assessments collected must be used for the improvement of the area
for which they are collected. A seven member committee representing businesses or commercial property
owners within the area are appointed by the Mayor and Confirmed by the City Council to serve in an
advisory role relating to the functions collected assessments are spent on. The majority of the 2019
expended funds has been spent with the Auburn Downtown Association (ADA) to help put on various
events in the downtown. Moving ahead into 2020 the BIA Committee will continue to evaluate projects
both independently as well as with other partner organizations, City departments and local area boards
that will continue to bring positive economic impact to the BIA.
Page 214 of 217
AGENDA BILL APPROVAL FORM
Agenda Subject:
Matrix
Date:
October 24, 2019
Department:
City Council
Attachments:
Special Focus Area Key
Matrix
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 28, 2019 Item Number:
Page 215 of 217
SPECIAL FOCUS AREAS
COMMUNITY WELLNESS
FINANCE, TECHNOLOGY,
& ECONOMIC
DEVELOPMENT
PUBLIC WORKS & COMMUNITY
DEVELOPMENT
MUNICIPAL SERVICES
PUBLIC HEALTH AND WELLNESS
COMMUNITY & NEIGHBORHOOD SERVICES
HOMELESSNESS & HOMELESSNESS
PREVENTION
HOUSING QUALITY, AFFORDABILITY
& ATTAINABILITY
HUMAN & SOCIAL SERVICES
DOMESTIC VIOLENCE SERVICES
COMMUNITY EQUITY
EQUIPMENT RENTAL
FACILITIES
INNOVATION & TECHNOLOGY
CITY REAL PROPERTY
BUSINESS DEVELOPMENT
SISTER CITIES INTERNATIONAL
UTILITIES
TRANSPORTATION
SUSTAINABILITY
ENVIRONMENTAL PROTECTION
CULTURAL ARTS & PUBLIC ARTS
PLANNING & ZONING
PERMITS & DEVELOPMENT
RIGHT OF WAY MANAGEMENT
AIRPORT
AIRPORT BUSINESS
POLICE
SCORE JAIL
DISTRICT COURT
PARKS & RECREATION
ANIMAL CONTROL
SOLID WASTE
ENERGENCY PLANNING
MULTIMEDIA
CEMETERY
Councilmember Trout-Manuel, Chair Councilmember Wales, Chair Councilmember DaCorsi, Chair Councilmember Brown, Chair
Councilmember DaCorsi, Vice Chair Councilmember Holman, Vice Chair Councilmember Baggett, Vice Chair Deputy Mayor Peloza, Vice Chair
2019 MEETING DATES 2019 MEETING DATES 2019 MEETING DATES 2019 MEETING DATES
February 11, 2019 February 25, 2019 January 14, 2019 January 28, 2019
April 8, 2019 April 22, 2019 March 11, 2019 March 25, 2019
June 10, 2019 June 24, 2019 May 13, 2019 May 27, 2019
August 12, 2019 August 26, 2019 July 8, 2019 July 22, 2019
October 14, 2019 October 28, 2019 September 9, 2019 September 23, 2019
December 9, 2019 December 23, 2019 November 12, 2019 November 25, 2019
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Updated 10-21-2019
NO.TOPIC Chair STAFF LEAD(S)STUDY SESSION REVIEW
DATE(S)
COUNCIL DISCUSSION
SUMMARY ACTION DATE
1 Metro Bus Barn Site Chair DaCorsi
Vice Chair Baggett
Director Gaub
Director Tate TBD
2 WRIA 9 - 101 Indoctrination Chair DaCorsi
Vice Chair Baggett
Director Gaub
Director Tate TBD
3 Funding Options Chair Wales
Vice Chair Holman Director Thomas Ongoing
4 2019 Fireworks Update Chair Brown
Vice Chair Peloza Chief Pierson 11/25/2019
5 AVHS Board Update Chair Brown
Vice Chair Peloza Director Thomas 11/25/2019
COUNCIL MATRIX
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