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BOCC Ordinance - Amend and Adopt CAO
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2021-12-07 10:00 AM - Commissioners' Agenda
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BOCC Ordinance - Amend and Adopt CAO
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Last modified
12/2/2021 1:21:03 PM
Creation date
12/2/2021 1:18:11 PM
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Meeting
Date
12/7/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve an Ordinance for Amendments to Kittitas County Code Title 17A, Critical Areas
Order
30
Placement
Consent Agenda
Row ID
83921
Type
Ordinance
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<br /> <br />15 <br /> <br />submit to the County complete information regarding the critical area on the <br />application for the underlying development, on forms provided by the county. <br />b. As part of critical areas review, the County shall: <br />i. Verify the information submitted by the applicant; <br />ii. Evaluate the project area and vicinity for critical areas and buffers; <br />iii. Determine whether the applicant is required to seek additional critical area <br />consultation with qualified professionals and/or agencies, which may include <br />a joint site visit with county staff, agency staff, and/or qualified professionals; <br />(1) This additional consultation may be required for, but is not limited to, <br />areas which contain unmapped critical areas and/or difficult mitigation <br />circumstances. <br />iv. Determine whether the proposed development is likely to impact the <br />functions or values of critical areas; and <br />v. Determine if the proposed development avoids impacts or adequately <br />addresses the impacts to the critical area and buffer associated with the <br />alteration or development. <br />c. Make a review determination: <br />i. No Critical Areas Present. If after a site visit the director’s analysis indicates <br />that the project area is not within or adjacent to a critical area or buffer and <br />that the proposed alteration or development is unlikely to degrade the <br />functions or values of a critical area, then the director shall rule that the <br />critical area review is complete and note on the underlying application the <br />reasons that no further review is required. A summary of this information <br />shall be included in any staff report or decision on the underlying permit. <br />ii. Critical Areas Present, but No Impact – Waiver. If the director determines <br />there are critical areas within or adjacent to the project area, but that the best <br />available science shows that the proposed alteration or development is <br />unlikely to degrade the functions or values of the critical area(s) or buffer(s), <br />the director may waive the requirement for a critical areas report. A waiver <br />may be granted if there is substantial evidence that all of the following <br />requirements will be met: <br />(1) There will be no alteration of the critical area or associated riparian <br />management zone or buffer; <br />(2) The development proposal will not negatively impact a critical area or <br />buffer. <br />iii. Critical areas may be affected by proposal. If the director determines that a <br />critical area or areas or buffer(s) may be affected by the proposal, then the <br />director shall notify the applicant that a critical areas report must be <br />submitted prior to further review of the project, as described in KCC <br />17A.01.080. The director may use the following indicators to assist in <br />determining the need for a critical areas report: <br />(1) Indication of a critical area on the county critical areas maps that may <br />be impacted by the proposed alteration or development; <br />(2) Information and scientific opinions from appropriate agencies, <br />including but not limited to the Washington State Departments of Fish <br />and Wildlife and Ecology; <br />(3) Documentation, from a scientific or other reasonable source, of the <br />possible presence of a critical area; or <br />(4) A finding by a qualified professional, or a reasonable belief by the <br />director, that a critical area may exist on or adjacent to the site of the <br />proposed alteration or development. <br />iv.
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