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Ord-2021-016
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12. December
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2021-12-07 10:00 AM - Commissioners' Agenda
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Ord-2021-016
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Last modified
12/9/2021 3:06:41 PM
Creation date
12/9/2021 3:05:21 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
Fully Executed Version
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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i. Utilitv Line Work. Public and private utilitv line work (new construction. <br />maintenance, and repair) within improved surfaces (e.o.. driveways, parking lots. <br />concrete or asphalt surfaces. gravel roads and road shoulders. and hard surface- <br />earthen riqhts-of-wav or easements).k. Harvestins of Wild Grops. The harvestinq of wild crops in a manner that is not <br />injurious to natural reproduction of such crops and provided the harvestinq does not <br />require tillinq of soil. planting of crops, chemical applications. or alteration of the <br />critical area or its buffer bv changinq existinq topoqraphv. water conditions, or water <br />sources. <br />17A.01.060 Exceptions <br />1. Public Aqencv and Utilitv. lf the aoplication of this Title would prohibit a proposed <br />development bv a public aoency or public utility. the aqency or utility may applv for an <br />exception pursuant to the followino:a. Exception Request and Review Process. An apolication for a public agencv and <br />utility exception shall be made to the County and shall include a critical areas report. <br />as described in KCC 17A.01.080. includinq mitiqation plan. if necessarv: and anv <br />nthor rclafcd nrnionf r{anr rmonlc cr rnh aq normif annlinafinnc to other ctes <br />special studies. and environmental documents prepared pursuant to the State <br />Environmental Policv Act (Chapter 43.21C RCW). The application shall follow the <br />administrative proiect permit review process outlined in KCC 15A.03. <br />b. Director Review. The Director shall approve. approve with conditions. or denv the <br />request based on the proposal's abilitv to complv with all the reasonable use <br />exception criteria in Subsection 2(c).c. Public Aqencv and Utilitv Review Griteria. The criteria for review and approval of <br />public aqencv and utility exceptions are as follows:i. There is no other oractical alternative to the proposed development with less <br />impact on the criticalarea and its buffer: <br />ii. The apolication of this Title would unreasonabllr restrict the abilitv to orovide <br />utility and/or aoency services to the public: <br />iii. The prooosaldoes not pose an unreasonable threat to the public health. <br />safetv. or welfare on or off the development proposal site: <br />iv. The proposal attempts to protect and mitioate impacts to the critical area <br />functions and values consistent with the best available science: andv. The proposal is consistent with other applicable requlations and standards.d. Burden of Proof. The burden of proof shall be on the applicant to brinq forth <br />evidence in support of the application and to provide sufficient information on which <br />anv decision must be made on the application.2. Reasonable Use. lf the application of this Title would denv all reasonable economic use of <br />the subject property. the County shall determine if the property owner may applv for an <br />exception pursuant to the followinq:a. Exception Request and Review Process. An application for a reasonable use <br />exceotion shall be made to the Countv and shall include a critical areas report. as <br />described in KCC 17A.01.080. includinq mitioation plan. if necessarv: and anv other <br />related oroiect documents. such as oermit applications to other agencies. special <br />studies, and environmental documents prepared pursuant to the State Environmental <br />Policv Act (Chaoter 43.21C RCW and rules thereunder in Chapter 197-11 WAC). <br />The apolication shall follow the administrative oroject permit review process outlined <br />in KCC 15A.03. ln determining what is considered reasonable use of an undeveloped <br />parcel. the Director mav consider additional information such as zoninq. and <br />comparable structure sizes and land uses of the surroundinq area. <br />I
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