Ordinance 2538-01 - Laserfiche WebLink

2. Category II Wetlands. All category II wetlands shall be preserved except as provided in this chapter. The planning director,using the review process described in the City's Local Project Review Procedures Ordinance , may allow alteration of category II wetlands: a. Where alteration is allowed pursuant to Section 37.050; or b. The alteration is solely to provide access to deep water for a water-dependent use or to expand an existing water-dependent use in an area which is designated as an urban environment by the shoreline master program, and the alteration does not act to degrade the functions of the wetland, or the alteration proposed has a reasonable likelihood of being fully mitigated; or c. The alteration is to allow a public park or recreational use, or to provide public access to the shoreline within an area designated as an urban or conservancy/recreation environment by the shoreline master program, provided that there is no feasible and reasonable alternative to making the alteration and the alteration does not act to degrade the functions of the wetland, or the alteration proposed has a reasonable likelihood of being fully mitigated; or d. In areas which are not subject to the shoreline master program, alteration of category II wetlands may only occur under the following circumstances: i. Water-dependent activities may be approved where there are no practicable alternatives which would not involve a wetland or which would not have other significant adverse environmental impacts. ii. Non-water-dependent activities may be allowed to alter category II wetlands only upon demonstration that (a) reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs of the project as proposed that would avoid or result in less adverse impact on a regulated wetland or its buffer, will not accomplish the basic purpose of the project; and (b) in cases where the applicant has rejected alternatives to the project as proposed, due to constraints such as zoning, deficiencies of infrastructure, or lot size, the applicant has made a reasonable attempt to remove or accommodate such constraints. e. Enhancement of wetlands is permitted where the wetlands being enhanced are in a degraded condition and the enhancement proposed is likely to provide substantial rehabilitation and improved functional values. SECTION 51: That Section 11 of Ordinance No. 1838-91 (EMC 19.37.110 B(5)) which reads in part as follows: 5. Silver Lake Watershed. The city shall not allow the draining, filling, encroachment or degradation of wetlands within the Silver Lake Watershed, except for the following circumstances: a. Hydrologically isolated category III or IV wetlands with a surface area of three thousand square feet or less, or hydrologically isolated category IV wetlands less than ten thousand square feet in area. Compensatory wetland mitigation shall still be required for alteration of such wetlands; b. Where alteration is necessary to allow for reasonable use of property as provided in Section 37.050, or to allow access to a lot; or 42