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Ordinance 4175-26
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Ordinance 4175-26
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5/11/2026 1:13:14 PM
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5/11/2026 1:10:37 PM
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Ordinances
Ordinance Number
4175-26
Date
4/15/2026
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Exhibit B <br />ORDINANCE Exhibit A - Page 3 of 66 <br />2. Wetlands; <br />3. The following geologically hazardous areas: <br />a. Erosion hazard areas; <br />b. Landslide hazard areas; <br />c. Seismic (liquefaction) hazard areas; <br />4. Fish and wildlife habitat conservation areas, including streams/riparian areas, lakes, marine <br />waters, habitats of primary association, continuous vegetative corridors linking watersheds, and <br />significant biological areas as defined in this title; <br />5. Ground water discharge areas, such as springs and seeps. <br />B. All actions must be designed and constructed in accordance with mitigation sequencing per EMC <br />19.37.100 to achieve no net loss of critical area functions and values. <br />19.37.045 GROUND WATER DISCHARGE AREAS—SEEPS AND SPRINGS <br />Lots which contain or are affected by springs, seeps or ground water discharge areas shall be evaluated <br />to determine the relationship the discharge has on geologically hazardous areas, wetlands, and fish and <br />wildlife habitat conservation areas. An analysis of such features shall be included in the application for <br />development of the subject property. The city may allow modification of such features consistent with <br />the provisions of this chapter related to critical areas, as applicable. <br />19.37.050 EXEMPTIONS AND EXCEPTIONS <br />Certain activities are exempt from the requirements of this chapter, while other activities which are <br />regulated by this chapter may be granted specific exceptions or an administrative modification. This <br />section lists the activities which are exempt from the regulations of this chapter, the exceptions which <br />may be granted to the requirements of this chapter, and the administrative modifications which can be <br />granted to the requirements of this chapter. <br />All activities or developments which are exempted, excepted, or granted modifications shall use <br />reasonable methods to avoid and minimize potential impacts to critical areas and buffers, including use <br />of any applicable best management practices. Such activities or developments which are exempted, <br />excepted, or granted modifications shall not be exempt from other laws or permit requirements which <br />may be applicable. <br />The burden of proof is on the applicant to provide sufficient evidence to the city the activity meets the <br />precise description of the exemption or exception. <br />A. Exemptions. The following are exemptions to the provisions of this chapter due to having no <br />environmental impact, being temporary in nature, or are an emergency; however, the exemptions listed <br />in this section may not be exempted from other state or federal regulations or permit requirements. An <br />exemption does not give permission to degrade a critical area or ignore risk from natural hazards. Any <br />damage to, or alteration of, a critical area or an associated buffer shall be restored, rehabilitated, or <br />mitigated at the expense of the property owner. Soil stabilization and erosion control shall be completed
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