HomeMy WebLinkAbout3573Ordinance No. 3573
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
CFN=786 — SEPA
Passed — 9/18/2001
Endangered Species Act
Amends Ords. 2494;2511;3547;2818;3282
Amended by Ord. 3746
ORDINANCE NO. 3673
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Section 11.03.510(D)(3)
of the Kent City Code to include Resolution No. / o ,
which addresses impacts of development in relation to the
Endangered Species Act, under the City's substantive State
Environmental Policy Act authority.
WHEREAS, the State Environmental Policy Act ("SEPA") authorizes
cities to place mitigating conditions on certain development proposals; and
WHEREAS, pursuant to RCW 43.21C.060, the City's substantive
authority to place conditions on a proposal must be based upon policies identified by
the governmental authority and incorporated into regulations, plans, or codes; and
WHEREAS, the policies identified by the City of Kent are set forth
under Section 11.03.510 Kent City Code; and
WHEREAS, subsequent changes in law and policy have made it
necessary to update the policies set forth in Section 11.03.510(D)(3) by adding a new
subsection 11.03.510(D)(3)(aa) regarding Endangered Species Act ("ESA") mitigation
measures; NOW THEREFORE,
1 Endangered Species Act
Mitigation Measures
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION]. Section 11.03.510(D)(3) of the Kent City Code is hereby
amended by adding a new subsection (aa) to read as follows:
Sec. 11.03.510. Substantive authority.
D. The city designates and adopts by reference the following additional policies as
the basis for the city's exercise of authority pursuant to this section:
3. The city adopts by reference the policies in the following city codes,
ordinances, and resolutions:
a. The citywide comprehensive plan as prepared and adopted
pursuant to the State Growth Management Act and adopted on April 18, 1995 by the
Kent city council by Ordinance 3222 and its specific components and elements, and
including all amendments thereto.
b. Shoreline master program as adopted by the Washington State
Department of Ecology on June 16, 1992 and as adopted by the Kent city council on
July 21, 1992 by Ordinance 3056 and including all amendments thereto.
C. The surface water and drainage code, Ch. 7.07 KCC and
including all amendments thereto.
d. Underground installation of electrical or communications
facilities, Ch. 7.10 KCC and including all amendments thereto.
e. Transportation master plan (Resolution 1014 and amended by
Resolution 1032) and Green River Valley transportation action plan (Resolution 1127)
as may hereafter be amended and including all amendments thereto.
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Mitigation Measures
f. Wastewater facilities master plan, Ch. 7.09 KCC and including
all amendments thereto.
g. Comprehensive water plan (Ordinances 2829 and 2960) and
conservation element Resolution 1361 and including all amendments thereto.
h. Construction standards for public works, KCC 6.02.010 and
6.02.020 (Ordinance 3117) and including all amendments thereto.
i. Street use permit requirements, Ch. 6.07 KCC and including all
amendments thereto.
j. Flood hazard protection, Ch. 14.09 KCC and including all
amendments thereto.
k. Subdivisions, Ch. 12.04 KCC and including all amendments
thereto.
1. Mobile home parks, Ch. 12.05 KCC and including all
amendments thereto.
In. Valley studies (as adopted in Resolutions 920, 921, 922, 923,
and 924).
n. Noise control, Ch. 8.05 KCC and including all amendments
thereto.
o. State building code, together with the local implementing
ordinances, KCC Title 14 and including all amendments thereto.
P. State fire code, together with the local implementing ordinances,
KCC Title 13 and including all amendments thereto.
q. Zoning, KCC Title 15 and including all amendments thereto.
r. Recreational vehicle park, Ch. 12.06 KCC and including all
amendments thereto.
S. Water shortage emergency regulations, Ch. 7.13 KCC and
Water Conservation Ordinance 2227 and including all amendments thereto.
t. Required public improvements, Chs. 6.02 and 6.03 KCC and
including all amendments thereto.
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Mitigation Measures
U. Storm and surface water drainage utility, Ch. 7.05 KCC and
including all amendments thereto.
V. Storm drainage policies (Ordinance 2547) and including all
amendments thereto.
W. Six (6) year transportation improvement plan (Resolution 1444)
and including all amendments thereto.
X. Comprehensive sewerage plan (Resolution 915) and including
all amendments thereto.
Y. Fire master plan (Ordinance 2511) and including all
amendments thereto.
Z. Wetlands management (Ordinance 3109) and including all
amendments thereto.
aa. Endangered Species Act development policies (Resolution No
SECTION 2. — Severability. If any one or more section, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 3. — Effective Date. This ordinance shall take effect and be
in force thirty (30) days from and after passage as provided byy,, law.
/1 . '-7 / A-1
ATTEST:
BRENDA JACOBE , CITY CLERK
WHITE, MAYOR
4 Endangered Species Act
Mitigation Measures
APPROVED AS TO FORM:
LUBOVICH, CITY A
PASSED: day of , 2001.
APPROVED: day of , 2001.
PUBLISHED: oZ a day of , 2001.
I hereby certify that this is a true copy of Ordinance No. -3673
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
P\C.nlbrLvmm�FSA-A4Yp400MueurtaAoc
/-w&� (SEAL)
BRENDA JACOOYA, CITY CLERK
5 Endangered Species Act
Mitigation Measures