Ordinance 2538-01 - Laserfiche WebLink

improves the functional values of the buffer and the stream. An enhanced buffer shall not result in more than a fifty percent reduction in buffer width, and the reduced buffer shall not be less than the minimum dimension allowed by buffer width averaging. SECTION 54: That Section 15 of Ordinance No. 1838-91 (EMC 19.37.150 B(2)) which reads in part as follows: 2. Category II and Category III Streams. a. Except as provided in this subsection no alteration of a category II or category III stream shall be allowed except as otherwise provided by Section 37.050 of this chapter; or b. The planning director may, using Review Process II.C, allow alteration or relocation of category II or category III streams only when the applicant can demonstrate that the alteration or relocation enhances the functional values of the stream; c. Culverting within a stream shall only be permitted as provided by Section 37.050 of this chapter or to provide access to a lot or a substantial portion of a lot when no other feasible means of access exists. Use of common access points shall be required for abutting lots which have no other feasible means of access. Culverting shall be limited to the minimum number of stream crossings required to permit reasonable access. The type of culvert used shall be as required by the Department of Fisheries or Department of Wildlife. BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: 2. Category II and Category III Streams. a. Except as provided in this subsection no alteration of a category II or category III stream shall be allowed except as otherwise provided by Section 37.050 of this chapter; or b. The planning director may, using the review process described in the City's Local Project Review Procedures Ordinance , allow alteration or relocation of category II or category III streams only when the applicant can demonstrate that the alteration or relocation enhances the functional values of the stream; c. Culverting within a stream shall only be permitted as provided by Section 37.050 of this chapter or to provide access to a lot or a substantial portion of a lot when no other feasible means of access exists. Use of common access points shall be required for abutting lots which have no other feasible means of access. Culverting shall be limited to the minimum number of stream crossings required to permit reasonable access. The type of culvert used shall be as required by the Department of Fisheries or Department of Wildlife. SECTION 55: That Section 21 of Ordinance No. 1838-91 (EMC 19.37.210) which reads s follows: Any decision made by the city pursuant to this chapter shall be subject to the appeals provisions of Section 19.41.180 of this Code. 45