Ordinance 3676-19 - Laserfiche WebLink

3. Unless otherwise permitted as part of an approved alteration, the setback buffers required by this subsection shall be maintained in native vegetation to provide additional soil stability and erosion control. If the buffer area has been cleared, it shall be replanted,with native vegetation in conjunction with any proposed development activity. 4. The city may impose seasonal restrictions on clearing and grading within two hundred feet of any geologically hazardous areas. C. Permitted Alterations. Unless associated with another critical area, the planning director, using the review process described in EMC Title 15, Local Project Review Procedures, may allow alteration of an area identified as a geologically hazardous area or the setback buffers specified in the IBC if an approved geotechnical report demonstrates that: 1. The proposed development will not create a hazard to the subject property, surrounding properties or rights-of-way, or erosion or sedimentation to off-site properties or bodies of water; 2. The proposal addresses the existing geological constraints of the site, including an assessment of soils and hydrology; 3. The proposed method of construction will reduce erosion potential, landslide and seismic hazard potential, and will improve or not adversely affect the stability of slopes; 4. The proposal uses construction techniques which minimize disruption of existing topography and natural vegetation; 5. The proposal is consistent with the purposes and provisions of this chapter and mitigates any permitted impacts to critical areas in the vicinity of the proposal; 6. The proposal mitigates all impacts identified in the geotechnical letter or geotechnical report; 7. All utilities and access roads or driveways to and within the site are located so as to require the minimum amount of modification to slopes,vegetation or geologically hazardous areas; and 8. The improvements are certified as safe as designed and under anticipated conditions by a geologist. D. Additional Requirements.As part of any approval of development on or adjacent to geologically hazardous areas or within the setback buffers required by subsection B of this section: 1. The city shall require: a. Geologically hazardous areas not approved for alteration and their buffers shall be placed in a critical area protective covenant or tract as required by Section 19.37.220 of this chapter; b. Any geologically hazardous area or required setback buffer that is allowed to be altered subject to the provisions of this chapter shall be subject to a covenant of notification and indemnification/hold harmless agreement in a form acceptable to the city attorney. Such document shall identify any limitations placed on the approved alterations. 2. The city may require: a. The presence of a geologist on the site to supervise during clearing, grading,filling and construction activities which may affect geologically hazardous areas, and provide the city with certification that the construction is in compliance with his/her recommendations and has met with his/her approval, and other relevant information concerning the geologically hazardous conditions of the site; b. Vegetation and other soil-stabilizing structures or materials be retained or provided. c. Long-term maintenance of slopes and on-site drainage systems. E. Prohibited Alterations. Modification of geologically hazardous areas shall be prohibited under the following circumstances: 1. Where geologically hazardous slopes are located in a stream, wetland, and/or a fish and wildlife habitat conservation area or their required buffers, alteration of the slopes is not permitted, except as allowed under Section 19.37.050 of this chapter.The required buffer for such slopes shall be Planning Commission Resolution 19-04 Page 27 Critical Areas March 19, 2019