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Agenda 05/22/2014 po ne .000Valley® Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. May 22, 2014 - 6:00 to 9:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: April 24, 2014 & May 8, 2014 Minutes VI. COMMISSION REPORTS VII. ADMINISTRATIVE REPORT VIII. PUBLIC COMMENT: On any subject that is not on the agenda. IX. COMMISSION BUSINESS A. Public Hearing— CTA-2014-0001, proposal to amend side and yard setbacks in I-1 and I-2 zones adjacent to residential zones. B. Public Hearing — Shoreline Master Plan Draft Regulations, General Provisions X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT Minutes Spokane Valley Planning Commission Council Chambers—City Hall, April 24,2014 Chair Stoy called the meeting to order at 6:00 p.m. Commissioners, staff and audience stood for the pledge of allegiance. Ms.Horton took roll and the following members and staff were present: Kevin Anderson Scott Kuhta,Planning Manager Christina Carlsen Cary Driskell,City Attorney Robert McCaslin Absent,Excused Lori Barlow, Senior Planner Mike Phillips Deanna Horton, Secretary Chris Sneider Steven Neill Joe Stoy Hearing no objections, Commissioner McCaslin was excused from the meeting. Commissioner Carlsen moved to accept the April 24, 2014 agenda as presented. Motion passed six to zero. Commissioner Carlsen moved to accept the March 27,2014 minutes as presented. Motion passed six to zero. COMMISSION REPORTS: The Commissioners had no report. ADMINISTRATIVE REPORT: Planning Manager Kuhta reviewed the advanced agenda with the Commissioners. PUBLIC COMMENT: Public comments regarding subjects not on the agenda. Kathleen Carstens, 1804 N Hodges Lane: Ms. Carstens shared her history with the Commission and explained she now lives in a manufactured home she owns on rented property. She expressed concerns about the land owner's ability to be able to sell the land she and 140 other residents live on, and require the tenants to move. Currently the law only requires the land owner to give the residents a 12-month notice to vacate. Ms. Carstens said although she lived in a "mobile home" it wasn't mobile and if she had to try and move it she would lose everything she had, because the costs would be too great. She requested the Planning Commission put a request for a mobile home park zone on the 2015 Comprehensive Plan annual update docket. Ida Mulkay, 1490 S Park Road.: Ms. Mulkay stated she was a member of mobile home park association. She said she too owned her home but rented the land to put it on. She said she and her husband were on a fixed income and would have nowhere to go if the landlord decided to sell the property. She appreciates the sense of community, manageable living spaces her home allows, it is close to services,and it is less than renting. Ms.Mulkay said one of the requirements of the Growth Management Act is to preserve the neighborhoods. Ms. Mulkay requested the Commissioners meet to discuss the proposals of the Association of Manufactured Home Owners. Commissioner Stoy suggested the group could ban together and pay for a Comprehensive Plan amendment. Planning Manager Kuhta explained to the Commission actions previously taken by the City Council regarding the Association of Manufactured Home Owners (AMHO) request. Previously, the group has requested the Council create a manufactured home zone, staff researched the issue and Council chose not to place the item on the 2014 Comprehensive Plan Docket. Mr. Kuhta informed the Commissioners that Spokane Valley Municipal Code 17.80.140(A)(3) allows for the Commission to propose amendments to the Comprehensive Plan. The Commissioners requested information regarding the previous visits by AMHO to the City Council. Commissioner Carlsen asked if an amendment was introduced to the Comprehensive Plan it would mean only mean policy direction and not regulations,which Mr.Kuhta confirmed would be correct. Amelia Odeen, 831 S Woodruff Road: Ms. Oden stated she is a representative of part of AMHO. She stated the group has previously spoken before the City Council asking for a mobile home park zone to be placed on the Comprehensive Plan docket. Ms. Odeen stated she had a hand out to share with the Commissioners,and would like to meet with each of them one-on-one or in pairs to discuss the information. 04-24-14 Planning Commission Minutes Page 1 of 5 City Attorney Cary Driskell stated he would have concerns if the Commissioners meet in small groups regarding this subject, or any subject, it could be considered a serial meeting. He also said phone conversations and emails could be considered the same. COMMISSION BUSINESS: Study Session Draft Shoreline Master Program(SMP),Draft Regulations: Sr. Planner Lori Barlow introduced special council Tadas Kisielius from the firm of VanNess Feldman, who would be assisting in explaining how the regulations fit into the state statutes. Commissioner Anderson asked if the regulation does not specifically say it is being applied to the buffer area, then does it mean it is being applied to the whole of the shoreline jurisdiction. Ms. Barlow explained there are regulations which are general and apply to the shoreline jurisdiction and regulations which are for specific areas of the shoreline, for example the buffer areas. • 21.50.180 General Provisions —these regulations apply to the whole shoreline jurisdiction. All projects must meet the No Net Loss standard. New projects could be prohibited if stabilization for flood hazard is required. Commissioner Anderson asked about#7: Structures, uses, and activities shall be designed and managed to minimize blocking, reducing, or adversely interfering with the public's visual access to the water and the shorelines from public lands. Mr. Anderson wanted to know how "manage to minimize" would be quantified. Ms. Barlow stated the intent would be to have a design which would have minimal impact to the environment as possible. She explained this would allow staff the ability to work with a project to gain as much cooperation as possible to limit the impact. Mr. Anderson voiced he also felt it could be used to restrict a project as well. He also asked about#8: Structures and sites shall be designed with landscaping, vegetated buffers, exterior materials, and lighting that are aesthetically compatible with the shoreline environment. In regard to the lighting Mr. Anderson hoped safety would overrule aesthetics. Mr.Kisielius stated it is worded to capture the statute but to allow for a bit of flexibility, otherwise it would require specifics. • 21.50.190 Shoreline Uses Table - This table details the shoreline uses and if they are allowed in certain environments. Commissioner Sneider asked where the Environmental Designations were defined; Ms. Barlow explained they were in the Environmental Designations document. • 21.50.200- Shoreline Modification Activity Table—Ms. Barlow stated the modification activity table was generally where the property gets prepared for the uses. Mr. Kisielius said the difference is in the regulations,which the State has created. • 21.50.210-No Net Loss and Mitigation Sequencing—This section sets the No Net Loss standards and all projects must meet these standards. • 21.50.220 - Height Limit Standards - Primary will be limited to a height at the peak of 35 feet and accessory structures will be limited to 15 feet at the peak. Commissioner Anderson wanted to know where the heights limits came from. Ms. Barlow responded the primary structure height limit is the same as it is in the residential code. The accessory structure height limit was set to limit to preserve the views. It was discussed within staff that a 15 foot height limit would allow for a standard garage height. Accessory structures are allowed, under certain circumstances to be in the buffer area, and the height limit is to preserve the views. Mr. Anderson was concerned the height would not allow for a garage which would handle a class A motorhome. Commissioner Anderson quoted "applies to all new or redeveloped" and wanted to know if redeveloped meant remodeled. Ms. Barlow said it also meant expansions, modifications. Mr. Anderson said he knew what remolded meant but he did not know what redeveloped meant and wanted terms the normal person could understand. Commissioner Stoy asked an attached garage would have the same height limit as the house or the accessory structure. Ms.Barlow confirmed it would match the primary structure. Buffers, generally, will be maintained in their natural state and is a no development area, with few exceptions. During construction a buffer is required to be marked, and protected. If it is new lot 04-24-14 Planning Commission Minutes Page 2 of 5 development it may be required to be recorded on the plat and on the title notice. A buffer can reduced by a variance,for up to 25%,if the criteria is met. • 21.50.230 Buffers and Building Setbacks—The environmental designation determines the setback from the Shoreline Buffer. In some cases the Municipal Code residential setback was greater than the state setback for the buffer, so the greater number took priority. Care was taken to protect the Urban Conservancy-High Quality so a 15 foot setback was established to minimize any impacts. Ms. Barlow confirmed landscaping could be done in the setback. • 21.50.240 Flood Hazard Reduction— This section applies to any proposals which intend to reduce flood hazards,temporary or permanent structures in the floodways, or may have an impact which cause the flood hazard to be increased. Commissioner Stoy asked about spring runoff bringing debris down the river and not being able to clean it up. Ms. Barlow explained the regulation is referring to natural rooted materials. Natural habitats need to be left in place as a benefit for the environment. • 21.50.250(B) Public Access — These regulations apply to public and private projects proposed in the shoreline. This replicates when it is required from the draft Public Access Plan. Commissioner Anderson asked if asked if access was required on a private development, who would be liable. Mr. Kisielius answered that it typically would be handled by an easement and be dedicated to the City. Mr.Anderson also had a question regarding 21.50250.(B)(2)(i,ii,iii). Mr.Anderson wondered when these regulations would apply. Mr. Kisielius stated if the private development were to interfere with existing established access then it would trigger the City to have to use these regulations in order to create public access. Mr. Anderson had concern that a trail, which was not actually public but had been used by the public for many years, could be considered as such and would be required to be dedicated as an access point. Commissioner Carlsen inquired when access is required and how it should be memorialized. Mr. Driskell stated he would need time to research the subject and report back. • 21.50.260 Shoreline Vegetation Conservation-Projects which are asking for removal of vegetation within the Shoreline jurisdiction must have a vegetation management plan. The plan must have a site plan, condition of the vegetation to be removed, and a landscaping plan. Projects within the buffer also need to show the removal will meet the No Net Loss and Mitigation Sequencing and that avoidance is not feasible. Commissioner Anderson requested the definition of native and non-native vegetation be placed into the shoreline definitions. • 21.50.260(C) Some minor landscaping activities are allowed without SDP or a Letter of Exemption, pruning and thinning for maintenance, safety, forest health, and view protection if certain criteria has been met. Commissioner Stoy noted there were separate for utility corridors. Ms.Barlow mentioned that Avista has stated they know what they need to do, they know how to do it, and they have been doing it for some time and don't feel they need to have to get a permit to do it. Commissioner Carlsen noted the regulations say the maintenance could be done annually and it also says only 30% of a trees limbs could be removed. She said if 30% of the limbs were removed from a tree annually it would die in just over three years. She offered it could be clarified to 30%of the limbs over the lifetime of the tree. She said it would be easy to determine the tree had been cut previously. Mr. Driskell offered there would be a frequency limit in order to avoid that type of scenario. The regulation would need to have a reasonable standard and it currently would not be enforceable. Commissioner Phillips asked if a person would be able to remove trees outside of the buffer, Mr.Kisielius answered a property owner would, but they would have to submit a vegetation management plan for the area which was in the shoreline jurisdiction. Mr. Kisielius explained the trees and vegetation is very important to the no net loss component. DOE is very big on native big trees, they are going to try and protect that and the buffer is main area of focus. It doesn't mean you can't do it, but it means they are going to want to look at it, and replacement will be required to provide No Net Loss. If there was clearing involved,DOE is going to be concerned about it. 04-24-14 Planning Commission Minutes Page 3 of 5 • 21.50.270 Water Quality, Stormwater and Non-point Pollution — This section applies to any pollution generating impervious surfaces. The section requires compliance with existing Stormwater regulations and chemicals applied within 25 feet of a body of water. A qualified professional is required to do the work. • 21.50.280 Archaeological and Historic Resources—This section protects resources which are known sites, where resources have been uncovered, or have ground disturbing components. A qualified professional would need to be contacted in order to review the site and record it according to state law. Commissioner Stoy asked if the City had any archaeological sites, Ms. Barlow replied the Spokane Tribe has said there are. • 21.50.290 Gravel Pits —Ms. Barlow explained the City has gravel pits but as discussed previously, they will not be regulated until the mining operations are closed. Future uses will be regulated by the SMP and be designated as urban conservancy environment. The Commission took a break at 8:05 p.m.returning at 8:15 p.m. • 21.50.300 Specific Shoreline Use Regulations - 50.300 to 50.450 apply to common uses and types of development to the extent they occur in the shoreline jurisdiction. o 21.50.320—Boating Facilities—This applies to new and existing facilities, including launches,ramps and docks. Boating facilities are limited to water dependent uses or public access. It also addresses the accessory uses like picnic tables,benches or restroom facilities located at a boat launch. The facilities are limited to places identified in the public access plan. If a boat facility were to be installed, it must include a public access. The facilities are limited to size and height necessary for the uses and existing facilities may be maintained or repaired but not expanded. New facilities would only be allowed if a need can be shown. Commissioner Anderson said the regulations for boat launch ramps made sense, but he wondered if the regulations applied to boat docks. Mr.Kisielius said the boat docks had overlap in the regulations. Docks also have a separate section and all docks must comply with those regulations. The only docks which must comply with the boasting section are public docks or private docks which serve more than four residences. Commissioner Anderson asked about item (C) incorporate measures for clean-up of accidental spills and contaminants would apply to public and private boat ramps. It was confirmed this is correct. Commissioner Stoy asked how many boat launches were in the City. Mr. Driskell said he was unaware of any boat launches in City limits. There was discussion of all known launches being non-motorized, official or unofficial,whether in the City's corporate limits or across the river at Plante's Ferry Park. Mr. Stoy also asked how the current boats get onto the river. Mr. Driskell said this was currently an issue. There was a time when the boats were allowed in and out once a year near Felts Field. He said he was aware there had been negations with either the Center of Justice or the Sierra Club to stop the practice. o 231.50.320 Commercial Uses—These are design standards which apply to all commercial uses in the shoreline jurisdiction. The standards apply to all environmental designations. Standards might include such features as orienting the building toward the shoreline, screening loading docks from the view of the shoreline,designing the look to blend with the natural environment. o 21.50.330 Industrial Uses — Industrial uses have the same standards as commercial uses along with adding avoiding visual impacts to the river and the Centennial Trail. Commissioner Anderson requested in 021.50.330 (A) to change the phrase "food stuffs" to "food products."Ms.Barlow said staff would look into to it but felt that the term was tied to WAC. o 21.50.340 In-Stream Structures — All in-stream structures must conform to all regulations of coordinating agencies, such as the Corp of Engineers,Dept.of Fish and Wildlife,etc. o 21.50.350 Parking Facilities — These standards apply to all new parking facilities. Parking must directly serve a permitted use, and cannot be a primary use. o 21.50.360 Recreational Development&Use—These would recreational facilities for public use-some of the trail goes through areas which are UC-HC. o 21.50.370 Residential Development - A shoreline development permit would be required for spec homes but an owner built single family home does not require one. New development is not allowed if 04-24-14 Planning Commission Minutes Page 4 of 5 stabilization is required. Development in a buffer area is prohibited. Title notices are required for homes in the shoreline for all future homeowners to be aware of the restrictions. Fences are prohibited in the buffer area,critical areas and below the ordinary high water mark. o 21.50.380 Signs and Outdoor Lighting — These standards apply to commercial and industrial development and associated lighting. It does not apply to single family residential development. o 21.50.390 Transportation Facilities—These standards apply to roads, bridges, bikeways and railroads. This does not apply to trails;they are addressed in the public access plan. o 21.50.400 Public Facilities and Utilities—The facilities are allowed by a Conditional Use Permit and must show why other location is not possible. New utilities are prohibited in the Urban Conservancy- High Quality. Commissioner Neill asked if a note should be made to say that unless the undergrounding of the utilities would cause more harm. GOOD OF THE ORDER: There was nothing for the good of the order. ADJOURNMENT: There being no other business the meeting was adjourned at 8:42 p.m. Joe Stoy,Chairperson Date signed lk Air Deanna Horton, secretary 1\) 11‘ 04-24-14 Planning Commission Minutes Page 5 of 5 Minutes Spokane Valley Planning Commission Council Chambers—City Hall, May 8,2014 Chair Stoy called the meeting to order at 6:00 p.m. Commissioners, staff and audience stood for the pledge of allegiance. Ms.Horton took roll and the following members and staff were present: Kevin Anderson Scott Kuhta,Planning Manager Christina Carlsen Lori Barlow, Senior Planner Robert McCaslin Tadas Kisielius, Special Council Mike Phillips Noah Herlocker,Environmental Consultant Chris Sneider Deanna Horton, Secretary Steven Neill Joe Stoy,Absent-Excused Hearing no objections, Commissioner Stoy was excused from the meeting. Commissioner Carlsen noted there were no minutes to approve; Commissioner Neil moved to accept the April 24, 2014 agenda amended. Motion passed six to zero. COMMISSION REPORTS: Commissioner Phillips reported he attended City Hall at the Mall and the State of the City address given by the Mayor. ADMINISTRATIVE REPORT: Planning Manager Kuhta reported on City Hall at the Mall, the State of the City address by the Mayor and the advanced agenda PUBLIC COMMENT: There were no public comments regarding subjects not on the agenda. COMMISSION BUSINESS: A. Study Session Spokane Valley Municipal Code Amendment CTA-01-14: Planner Micki Harnois gave an overview of the proposed privately initiated amendment to the Spokane Valley Municipal Code (SVMC) 19.70.010(B)(3)(b) Light Industrial district to change the required side and rear yard setbacks from the current 35 feet to 20 feet when the property is adjacent to a residential use or zone. The request is to also change Table 19.60-1 Commercial Development Standards to specify the minimum side and rear yard setbacks adjacent to a residential use or zone would be 20 feet in the Light Industrial and Heavy Industrial zones. Mr. Kuhta explained the proponent has a piece of property in the Light Industrial area, however this subject was on the list code review subjects in the Light and Heavy Industrial areas and this request brought it to the forefront. Ms.Harnois showed some examples of lots in the Yardley area of the City where some of the lots are only 50 feet wide. It would make it difficult for people to develop a lot this width with the current 35 foot setback against a residential property. Mr. Kuhta reminded the Commissioners this would affect all of the industrial properties in the City,which could also have unintended consequences. Commissioner Anderson asked where the 35 foot setback came from. Mr. Kuhta stated he was unaware but the staff would attempt to fmd the answer and have it in the staff report. Commissioner Carlsen said when multifamily is next to single-family homes there is a provision in the SVMC, which requires buildings to be step-back in height from the property line. She asked if this would apply in the industrial areas. Mr. Kuhta said there is no step-back allowance for industrial buildings. It was also noted an industrial building could be built up to 60 feet in height next to a residence, with no step-back required. Commissioner Carlsen asked how people who lived next to the industrial areas would be notified of this change,if it was approved. Mr.Kuhta stated there would be a notice in the paper, but that individual property owners would not be noticed this 05-08-14 Planning Commission Minutes Page 1 of 4 amendment did not fit into the noticing process of that type. Commissioner Phillips asked what the regulations were in other jurisdictions. Mr.Kuhta stated the staff report,which would be ready at the next meeting,would offer the surrounding jurisdictions regulations regarding this subject. B. Draft Shoreline Master Program(SMP),Draft Regulations: Senior Planner Lori Barlow introduced Special Council Tadas Kisielius and Consultant Noah Herlocker who is a Senor Biologist from URS who helped the City develop some of the earlier shoreline documents, such as the City's Shoreline Inventory, No Net Loss Report, Cumulative Impacts Report, and the Critical Areas Ordinance. Mr.Kisielius is again here to assist with questions regarding the Shoreline Management Act and how the law impacts the City's regulations and Mr. Herlocker will help explain the Critical Areas regulations which is the next piece for review. • 21.50.420 Shoreline—Slope Stabilization—this applies to stabilization activities for shoreline and slope stabilization. A Shoreline CUP is required and specific criteria applies. Existing shoreline stabilization structures maybe replace but Shoreline Development Permit(SDP)is required. • 21.50.420(B)(8)A replacement structure shall not encroach waterward of the OHWM, unless all of the following apply: a. For residences occupied or constructed prior to January 1, 1992; Commissioner Anderson asked where the date came from. Mr. Kisielius stated it came from the WAC 173.26.231(3)(a)(iii)(c). • 21.50.430 Piers and Docks — Applies the construction or expansion of piers and docks. The standards apply to docks serving four or more residences, new docks are allowed for water- dependent uses or public access, a new dock shall be the minimum size necessary based upon the needs of the applicant,but cannot exceed 55 feet in length or a total deck area of 320 sf. A Letter of Exemption is required for all private docks for single and multi-family residences. The Shoreline Modifications table would tell where a dock would be allowed. Any other dock requires a SDP. Commissioner Phillips questioned the size saying they were fairly small. Ms. Barlow stated it was from the WAC but had been modified to say not greater than 320 sf. Mr. Kisielius stated the concept on docks is to make them as small as possible to the purpose. • 21.50.440 Dredging and Fill — Applies to all dredging and fill waterward of the ordinary high water mark (OHWM). A Conditional Use Permit (CUP) is required when it is allowed. There are fill standards and dredging standards. • 21.50.450 - Shoreline Habitat and Natural Systems Enhancements Projects — These projects requires a SDP or LOE and the project must demonstrate the main purpose is either enhancing or restoring natural shoreline functions. Commissioner Anderson asked if gravel pits were putting in fill, would these regulations apply to them. Mr. Kisielius reminded the Commissioners the gravel pits are noted in the regulations but are not controlled as shorelines of the state until after all mining operations have ceased. Ms. Barlow stated Mr. Herlocker would use his expertise to explain the next section of the Shoreline regulations to the Commission being the Critical Areas (CA) regulations. Mr. Herlocker explained to the Commission in most cities,the Critical Areas Ordinance(CAO)is taken from the municipal code and put it in the Shoreline Program as the Critical Area regulations. The City's CAO was confusing and hard to follow. So it was decided to rewrite it, streamline it and make it applicable to the City's shorelines. • General Provisions — if a project being proposed will affect one of the CAs, the process for the report required to document what will be done, how it will impact the CA, what will be done to mitigate the impact and who can prepare the report. Commissioner Anderson stated the WAC does not have a definition of a CA. He said the definition the City has; states it is a result of GMA. Mr. Kisielius stated originally CAs were adopted as a GMA requirement. The SMP is later recognized as an element of the Comprehensive Plan. When someone asked about CAs in the Shoreline, there was litigation over who was in charge of them, the compromise was what is in place today. After the SMP update is done, then 05-08-14 Planning Commission Minutes Page 2 of 4 CAs within the Shoreline are governed by the SMP, and are governed under the No Net Loss standard. All other CAs are governed by GMA. Commissioner Carlsen asked if there were maps of the CAs. The City has maps which show each of the CAs. Ms. Carlsen asked if the SVMC would be updated to reflect the new regulations in the SMP for the CA. Ms. Barlow said the SVMC would be updated to mirror the new CA regulations in the SMP but she was not sure how soon staff would be bringing the amendment forward. Commissioner McCaslin noticed the topic of public access appears many times in the document. He wondered if this would be a problem with property rights. Mr. Kisielius said sometimes there seems to be the bigger concern seems to be more requiring public access on private development. The public access plan was mirrored from the earlier portion of the regulations and because the City already has great public access by way of publically owned lands it will not be a problem. The project would need to show nexus in order to required it • Wetlands—the only wetlands which the City is aware of are aware of are at the inlet of Shelley Lake. This would be an instance where the shoreline border was stretched,which is allowed by eh WAC,to reach around the whole wetland to keep it under one set of regulations. Although there are many regulations,they would only come into effect if there was a project proposed around the wetlands at Shelley Lake. • The Critical Aquifer Recharge Area (CARA) encompasses the whole City. The also has very porous soils. The regulations are written to attempt to be not overly limiting but focusing on items which could have the potential to leak into the ground and through to the water table. Tried to speak to specific uses such as underground tanks. Commissioner Carlsen asked if the City's whole shoreline was a CARA. Mr.Herlocker explained the entire shoreline jurisdiction as well as most of the City of Spokane Valley is considered a CARA. Commissioner Anderson asked if there was any liability for the professional if the mitigation doesn't work, such as a wetland restoration. There is no certification for wetlands professional but the state is looking into requiring a license, where in other professions they have them as in a biologist or geologist. There are also requirements for bonds and sureties. Mr. Anderson asked if mitigation fails the City would require the property owner to do the work again and not the professional who did the work. Mr. Herlocker stated the project would be planned out well in advance, following the strict guidelines in the regulations. Ms. Barlow reiterated the reason for the plan and plan review was to make sure the project would succeed. Mr. Herlocker explained the reason for the performance sureties was for the protection in the case the project did not work out because there is no professional insurance for some of the professionals who perform the required services in the regulations. • Fish and Wildlife Habitat Areas (FWHA)—Mr. Kisielius stated the regulations were copied from the good work done in the buffer area earlier but the focus is additional fish and wildlife habitat beyond what the buffer section addresses. Mr. Herlocker stated he was not aware of any endangered species in the City. These regulations would cover anything which might be discovered in the future. This would cover all riparian areas in the river. • Geologically Hazardous Areas — this covers highly erodible soils, or soils over a certain grade where it would be risky to construct anything. He stated there were some erodible soils along the bank of the river near Mirabeau Park and the Trent Bridge. • Frequently Flooded Areas—Mr. Herlocker stated these regulations tied in with the City's current floodplain regulations. Commissioner Anderson asked if this was related to the FEMA 100 yr floodplain. Mr.Kisielius said yes,they were closely related. Commissioner Anderson asked where the definition of buffer came from. Mr. Herlocker said the State of the Science document which Ecology produced about buffers which described them. Mr. Kisielius stated its meaning and definition is determined by the regulation which defines it. Depending on the buffer to which is being referred,the definition can change. He said it more refers to a tool and how that tool is used in a particular application. Mr. Anderson asked if we considered our buffers to be no touch zones. Ms. 05-08-14 Planning Commission Minutes Page 3 of 4 Barlow stated the City's buffers are intended to remain in an undisturbed state. There are a list of exemptions however after that,it would be considered as such. There was a considerable discussion regarding the definitions `shoreline' and `shorelands' and how the two intermingle in many instances. Commissioner Anderson asked if 21.50.090 minor activities allowed without a permit, removing trees and shrubs is not considered a mainting activity where this regulation was from. These are the list of acuities which can be done. Is the shoreline without a permit or LOE. Ms. Barlow said this section is not in the WAC or DOE, this is an attempt by the City to define what types of activities are allowed without review or permit. Mr. Anderson asked about Senate Bill 5451. Is that going to be included in our program, regarding legally conforming structures? Mr. Kisielius said this bill came about because when updates to SMP homes which ended up in the shoreline jurisdiction it made these structures legally conforming. Mr. Kisielius said the City's buffer is following the contours of the vegetation on the ground, and does not encompass structures as was being done in other jurisdictions where they were applying a standard size buffer along the shoreline regardless of what was on the ground. Mr. Kisielius stated he did not feel the city needed a regulation which would make any legally conforming structures because they had taken care to avoid the problem. Mr. Anderson commented he felt it was still necessary in order to protect personal property rights. Mr. Kisielius said he felt this would only cover the structures, and it says the buffers as established in the map and the map is designed to avoid this problem. Commissioner Neill asked what would prevent the river from meandering in the City limits. Mr.Herlocker stated it was the dams and the geology of the river. The river is geologically deeply entrenched below the surrounding prairie but the dam controlling the river. This keeps controls the channel migration zone. Centennial Trail floods in a couple of places along the Coyote Rock are and along an area near Flora Rd. Those would be the only infrastructure issue the City would have. Commissioner Carlsen asked if all the geological hazards were on private land and Mr.Herlocker said he was not aware. Ms. Barlow stated the technical review group was returning comments and the public hearing had been noticed for May 22, 2014. Ms. Carlsen asked who would be receiving notices regarding notices regarding the hearing. Ms. Barlow stated the City has been keeping a list of interested parties, the City has a list of people who ask for notice for all Planning Commission activities, it will be noticed in the paper,the notice will also be posted to the City's website. Mr. Kuhta stated the formal adoption process and there will be additional opportunities to comment. Ms. Barlow noted the City has noticed all the property owners along the shorelines more than once and the response from those property owners has been very limited. GOOD OF THE ORDER: There was nothing for the good of the order. ADJOURNMENT: There being no other business the meeting was adjourned at 7:50 p.m. 11.41 Joe Stoy,Chairperson Date signed Deanna Horton, secretary 05-08-14 Planning Commission Minutes Page 4 of 4 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: May 22,2014 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing ❑ information ❑ admin.report ❑ pending legislation FILE NUMBER: CTA-2014-0001 AGENDA ITEM TITLE: Public Hearing—Amendment to the Spokane Valley Municipal Code DESCRIPTION OF PROPOSAL: This is a citizen initiated text amendment to the Spokane Valley Municipal Code (SVMC) 19.70.010 I-1, Light Industrial District to change the required side and rear yard setbacks adjacent to residential zoning districts. The proposal is removed the text SVMC 19.70.010(B)(3) related to setbacks, change Table 19.60.1- Commercial Development Standards to specify that the minimum side and rear yard setbacks in the Light Industrial and Heavy Industrial zones be 20 feet when adjacent to a residential use or zone. GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: None BACKGROUND: The applicant owns a lot in an area where he will be unable to construct a reasonable building on his lot with the current setbacks because he abuts a residential property. He came in and discussed his options with staff and had preliminary discussions with regarding the proposed amendment. A pre-application meeting was held on April 23, 2014 and the application for code amendment was submitted at that time. The Planning Commission conducted a study session on this amendment on this subject on May 8,2014. NOTICE: Notice for the proposed amendment to SVMC was published in Spokane Valley News Herald on May 2, 2014 and May 9, 2014. Notice for the proposed amendment was provided consistent with applicable provisions of SVMC Title 17. APPROVAL CRITERIA: SVMC Section 17.80.150(F)provides approval criteria for text amendments to the SVMC. The criterion stipulates that the proposed amendment(s) must be consistent with the applicable provisions of the Comprehensive Plan and bear a substantial relation to the public health, safety,welfare, and protection of the environment. RECOMMENDED ACTION OR MOTION: • Move to recommend approval of CTA-2014-0001 to the City Council. • Move to recommend approval of CTA-2014-0001 with the following changes . or • Move to recommend denial of CTA-2014-0001 STAFF CONTACT: Micki Harnois-Planner ATTACHMENTS: A. Staff Report and Findings CTA-2013-0006 B. Proposed SVMC Revisions ATTACHMENT A COMMUNITY DEVELOPMENT DEPARTMENT 000111.1\mmii PLANNING DIVISION SjOkane 4.00Valley. STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION CTA-2014-0001 STAFF REPORT DATE: May 15,2014 HEARING DATE AND LOCATION: May 22, 2014, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley,Washington 99206. PROPOSAL DESCRIPTION: A citizen initiated text amendment proposing to amend Spokane Valley Municipal Code (SVMC) 19.70.010(B)(3)(b), I-1, Light Industrial District to change the required side and rear yard setbacks adjacent to residential zoning districts from 35 feet to 20 feet. The proposal is to also change Table 19.60.1-Commercial Development Standards to specify that the minimum side and rear yard adjacent to a residential use or zone be 20 feet in the I-1 zone. Staff is proposing to also change the setbacks in the I-2 Heavy Industrial zone at this time as well. PROPONENT: John Renshaw, 1718 East Tilsley Place, Spokane,WA 99207 APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions. SUMMARY OF RECOMMENDATION: The Planning Division recommends the Planning Commission approve the elimination of SVMC Chapter 19.70.010(B)(3), I-1 Light Industrial District setbacks and changing Table 19.60.1-Commercial Development Standards so the minimum side and rear yard setbacks in an Industrial zone adjacent to a residential use or zone will be 20 feet. STAFF PLANNER:Micki Harnois,Planner,Community Development Department ATTACHMENTS: Exhibit 1: Proposed text amendment to SVMC 19.70.010(B)(3), I-1, Light Industrial District and Table 19.60.1-Commercial Development Standards. A. BACKGROUND INFORMATION 1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Date Pre-Application Meeting: April 23,2014 Application Submitted: April 23,2014 Determination of Completeness: April 23,2014 Published Notice of Public Hearing: May 2,2014 Staff Report and Recommendation CTA-2014-0001 Process Date Sent Notice of Public Hearing to staff/agencies: May 7,2014 2. PROPOSAL BACKGROUND: The proposal is to delete Spokane Valley Municipal Code (SVMC) Chapter 19.70.010(B)(3), I-1, Light Industrial District Setbacks and modify Table 19.60.1- Commercial Development Standards. The intent is to create consistency in regard to minimum side and rear setbacks for commercial and industrial zones adjacent to residential zones or uses. The proposed amendment will change the minimum rear and side yard setbacks to 20 feet which will be the same as all office and commercial zones. Several older established industrial lots have a lot width of 50 feet and are adjacent to residential uses. With the current required side yard setbacks of 35 feet these lots would allow only very small industrial buildings. The following table shows the required setbacks in the City of Spokane and Spokane County: Light Industrial Heavy Industrial Spokane Valley Prior to 5 ft 5 ft 2007 Spokane Valley Nov 35 ft adjacent to a residential 35 ft adjacent to a residential 2007 use/zone use/zone City of Spokane 10 ft adjacent to R zoned lots 10 ft adjacent to R zoned lots City of Spokane 0 ft adjacent to residential use 0 ft adjacent to residential use Spokane County 20 ft adjacent to a residential 100 ft adjacent to a residential zone zone B. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17(General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F)Municipal Code Text Amendment Approval Criteria i. The City may approve Municipal Code Text amendment,if it finds that (1) The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan; Staff Analysis: The proposed amendment is consistent with the applicable policies of the Comprehensive Plan. The amendment is consistent with the Comprehensive plan goals for providing adequate supply of usable land for industry and maintaining a flexible and consistent regulatory environment, and preserving and protecting neighborhoods. Relevant Comprehensive Plan goals and policies are shown below: Land Use Policy -13.1 Maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency,predictability and clear direction. Page 2 of 3 Staff Report and Recommendation CTA-2014-0001 Economic Policy EDP-7.1: Evaluate,monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable,cost-effective, and expeditious. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity,consistency and predictability. (2) The proposed amendment bears a substantial relation to public health, safety, welfare,and protection of the environment; Staff Analysis: The amendment bears substantial relation to public health, safety, welfare and protection of the environment. The proposed amendment will make the development standards consistent for all commercial and industrial zones. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC. 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): Public noticing was completed for CTA-2014-0001 on May 7,2014. 3. Finding and Conclusions Specific to Agency Comments a. Findings: No agency comments have been received to date. b. Conclusion(s): No concerns are noted. C. OVERALL CONCLUSION The proposed code text amendment is consistent with the Comprehensive Plans policies and goals. D. STAFF RECOMMENDATION The Planning Division, after review and consideration of the applicable approval criteria, recommends that the Planning Commission approve the reduction of the minimum side yard setback of 20 feet proposed by the applicant, John Renshaw further to 20 feet. Staff also recommends that section SVMC 19.70.010(B)(3)I-1 Light Industrial District Setbacks be removed. Page 3 of 3 19.70.010 I-1, Light Industrial district. 0 SHARE I A.The Light Industrial designation is a planned industrial area with special emphasis and attention given to aesthetics, landscaping and internal and community compatibility. Typical uses would include technology and other low-impact industries. Light Industrial areas may also include office and commercial uses as ancillary uses within an overall plan for industrial development. B. Supplemental Regulations. 1. The outdoor storage provisions contained in SVMC 19.60.060(B)shall apply to the I-1 district. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation with permission of the property owner, health certificate and permit. 3. Setbacks. b. Side and rear yard setbacks of feet are required only adjacent to residential zoning districts. 43. The following structures may be erected above the height limits of this code, provided: (a) the structure is accessory to or part of a building which is a permitted use in the zone; (b)the structure complies with the height limits in the Airport Overlay zone; and (c) no residential use of the structure shall occur above the height limits prescribed in the zone: a. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment to operate and maintain a building. b. Fire or parapet walls, skylights, flagpoles, chimneys, church steeples, belfries,wireless masts, and similar structures. c. Structures such as silos, feed mills, batch plants, and fixed cranes which are used in a manufacturing process which utilizes vertical processing and storage of materials. d.Water stand pipes and tanks. 54.All parking, maneuvering and outdoor storage areas shall be paved. Exemptions: a. Parking and storage areas routinely used by cleated and other heavy equipment as approved by the planning director. b. The planning director may waive portions of these requirements upon recommendation by the Spokane regional clean air agency or the Spokane Valley development engineering division when it can be demonstrated that the proposed surfacing, such as grass pavers or other technology,will not adversely affect air quality,water quality or the integrity of the parking area. 65. The following features attached to structures are allowed as exceptions to the setback standards: a. Minor Projections Allowed. Minor features of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways,wheelchair ramps and uncovered decks or balconies, may extend into a required structure setback up to 20 percent of the depth of the setback. However, they may not be within three feet of a lot line when a setback is required. b. Full Projections Allowed. In addition to subsection (B)(6)(a)of this section, the following features are allowed to project farther into the required structure setback: i. Canopies, marquees, awnings and similar features may fully extend into a street setback and may extend into the public right-of-way subject to the requirements of the building code and adopted street standards. ii. Uncovered stairways and wheelchair ramps that lead to one entrance on the street-facing facade of a building may fully extend into a street setback. iii. Uncovered decks and stairways that are no more than 42 inches above the ground may fully extend into a required structure setback. iv. On lots that slope down from the street, vehicular and pedestrian entry bridges that are no more than 42 inches above the average sidewalk elevation may fully extend into a required structure setback. v. Balconies may extend into public rights-of-way as allowed in the building code and adopted street standards. vi. Attached mechanical equipment such as heat pumps, air conditioners, emergency generators and water pumps are allowed to project into the side or rear yard setback only. �6. Community facilities and public utility distribution facility(ies), except power poles and underground transformers, shall comply with the following conditions: a. The requirements for landscaping,signage, lighting and other requirements shall apply. b. Type I landscape screening is required along property line(s)adjacent to a residential use or zone. 87. Public utility transmission facility shall comply with the following conditions: a. The utility company shall secure the necessary property or right-of-way to assure for the property construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility; b.All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground; c. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and d. The height of any structure above ground does not exceed 125 feet. g8. The following shall apply to all secondhand stores and consignment sales: a. The subject parcel must have frontage on an arterial; and b. Minimum building size of 15,000 gross square feet(gsf); and c. Limited to a single tenant. 489. A home occupation may be established in a residence that has been legally permitted, excluding caretaker dwellings. 4410. Recreational vehicles shall not be used as permanent or temporary dwelling units. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. Table 19.60-1 —Commercial Development Standards Office Commercial Mixed Use Industrial GO 0 NC** C RC CC* CMU* MUC* I-1 1-2 Minimum Front Yard Setback 20 20 20 20 20 20 20 20 20 20 Minimum Flanking Street Setback 20 20 20 20 20 20 20 20 20 20 Minimum Side and Rear Yard Adjacent to a 20 20 20 20 20 20 20 20 20 203-5 Residential Use or Zone Maximum Building Height(in feet) 45 100 35 35 100 Unlimited 50 60 40 65 *Except as otherwise required "Townhouse development in the NC zone shall comply with setback and building height standards in the R-4 zone found in Table 19.40-1 COMMUNITY DEVELOPMENT , &7-;j�uer�P NSG DIVISION Planning Commission Public Hearing May 22, 2014 Code Text Amendment Spokane Valley Municipal Code (CTA-2014-0001 ) Municipal Code Text Amendment jCOMMUNITY DEVELOPMENT ItANNAG DIVISION! -� Background • This is a citizen initiated code text amendment request, Mr. John Renshaw — Proponent • Mr. Renshaw is requesting to change the rear and sideyard setbacks in the I - 1 zone to 20 feet. 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( I - 7,..7,,-.-----,---,,-_-_--,--__,:.,- --,-.-,--,-,.-_-_---„::,,,-,-,---...:::5-:-_,.,-,,--,-,..--i.',--,--,,,--,----------,---.----_,----:----::, —..,,: — Ei.-,,,•,,,,,_-_•,--,:r.z.---,•,,z.--,•,..<1.---z,•:,--,•,•z.----,-•,-•.:.---,-._-...-,-._ Ile ze6 .4t ,/ m p to 1_,-..nt: •.:, .-.:-... .. . ,:z.--',,•,:._.-z,,,:._.-:-_-•..-:._.-•,_--,,,,,_<- - - '''''----• •-- ill — iviunicipai Loae !text mmenament kane COMMUNITY DEVELOPMENT = °tAN NG DIVISION jurisdictions Stan ar srom ofher Light Industrial M Heavy Industrial Spokane Valley Prior to 2007 5 ft 5 ft Spokane Valley Nov 2007 35 ft adjacent to a residential use/zone 35 ft adjacent to a residential use/zone City of Spokane 10 ft adjacent to R zoned lots 10 ft adjacent to R zoned lots City of Spokane 0 ft adjacent to residential use 0 ft adjacent to residential use Spokane County 20 ft adjacent to a residential zone 100 ft adjacent to a residential zone Municipal Code Text Amendment SPamieVailey. COMMUNITY DEVELOPMENT PLANNING DIVISION - - Office Commercial Mixed Use Industrial GO 0 NC** C RC CC* CMU* MUC* I-1 1-2 Minimum Front Yard Setback 20 20 20 20 20 20 20 20 20 20 Minimum Flanking Street Setback 20 20 20 20 20 20 20 20 20 20 Minimum Side and Rear Yard Adjacent to a Residential Use or 20 20 20 20 20 20 20 20 20 20 Zone Maximum Building Height (in feet) 45 10 35 35 100 Unlimited 50 60 40 65 0 * Except as otherwise required**Townhouse development in the NC zone shall comply with setback and building height standards in the R-4 zone found in Table 19.40-1 Municipal Code Text Amendment 11 Spokane COMMUNITY DEVELOPMENT MANNING NI ING DIVISION.61000 1124 Staff Recommendation Changing Table 19.60. 1 to allow a minimum side and rear yard adjacent to a residential use or zone be 20 feet in the I-1 and 1-2 zones. Eliminate section SVMC 19.70.010 (B)(3)Light Industrial setbacks These proposed amendments would allow established industrial zoned lots to be developed consistent with the existing industrial area . Municipal Code Text Amendment SP—Okane iiew COMMUNITY DEVELOPMENT NI ING DIVISION! Municipal Code Text Amendment 13 CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: May 22, 2014 Item: Check all that apply: ❑consent ❑ unfinished business ❑ new business ® public hearing ❑ information ❑ admin.report ❑ pending legislation AGENDA ITEM TITLE: Shoreline Master Program Update — Public Hearing — Draft Development Regulations BACKGROUND: The City's Shoreline Master Program (SMP) Update team has completed the Draft Shoreline Development Regulations. This document completes phase seven of the City's Update process and introduces the regulations that will implement the SMP. The Draft has three main regulatory sections: Administrative Provisions, General Provisions, and Critical Areas. A description of each section is provided below: Administrative Provisions (Sections 21.50.010—21.50.170): Administrative provisions are the policies and regulations that cover how the SMP will be administered and enforced. The provisions identify the permits and processes required, and the criteria for review. These provisions are specific to the SMP, while general permit administration, compliance, and enforcement provisions are included in other parts of the SVMC. General Provisions (Sections 21.50.180—21.50.450): The general provisions contain regulations that apply to shoreline uses and modifications, and identify the environment designations where these uses and modifications are permitted. Uses are the functional result of development, while the modifications are construction elements that change the physical character of the shoreline in preparation for a use. For example a boat launch is a use, while dredging is a modification to allow for a boat launch. Use regulations set physical development and management standards for each use. Critical Areas Regulations (Sections 21.50.460—21.50.560): The Shoreline Critical Areas Regulations apply to critical areas and their buffers that are completely within shoreline jurisdiction. Regulated critical areas include wetlands, Critical Aquifer Recharge Areas, geologically hazardous areas, Fish and Wildlife Habitat Conservation Areas, and frequently flooded areas. The section applies to all uses, activities and structures that may impact or alter a critical area or its buffer. The Draft Development Regulations were routed to the Technical Review Group and comments were received (see attached). Washington State Department of Fish and Wildlife staff contacted city staff and requested additional time to complete their review. Their comments are expected to be received prior to the public hearing and will be provided to the Commission at the meeting. Staff will address the comments with either recommended changes or a discussion of the issues at the following meeting. The Planning Commission should conduct the public hearing and consider public input. Following deliberations the Planning Commission will provide a recommendation to the City Council. Attorney Tadas Kisielius will not attend this Planning Commission meeting, but will be present at the next meeting to assist with deliberations. GOVERNING LEGISLATION: Shoreline Management Act (SMA) under RCW 90.58 PREVIOUS ACTION TAKEN: Study sessions were held on March 27, 2014, April 24, 2014, and May 8, 2014. NOTICE: Notice for the public hearing was placed in the Spokane Valley News Herald on May 2, 2014. The notice was provided consistent with applicable provisions of SVMC Title 17. 1 of 2 APPROVAL CRITERIA: RCW 90.58 and WAC 173-26 define the process for approval of an SMP and require that the document be consistent with the goals and policies of the SMA. RECOMMENDED ACTION OR MOTION:The Planning Commission should conduct the public hearing and consider all testimony provided. Deliberations are tentatively scheduled to occur at the June 12th meeting. STAFF CONTACT: Lori Barlow,AICP, Senior Planner ATTACHMENTS: 1)Jaime Short, Ecology—April 22, 2014 Email 2) Hugo Flores, Department of Natural Resources—April, 22, 2014 letter 3) Robin Bekkedahl,AVISTA—April 22, 2014 letter Note: Draft Shoreline Master Program Regulations, Definitions and Buffer Map were previously provided. 2 of 2 1% �� ;rrrsrra% 1411 East Mission Avenue Po Box 3727 Spokane,WA 99220-3727 April 22,2014 City of Spokane Valley cio Ms. Lori Barlow 11707 E. Sprague Ave, Suite 106 Spokane Valley,WA 99206 Dear Leri: Thank you for the opportunity to comment on the Draft Development Regulations on the Shoreline Master Program. Also,thank you for including public utilities as a section in the draft regulations. As a member of the Technical Advisory team for the development of the Shoreline Master Plan, I have some comments that would better clarify the areas of interest. Section 21.50.110(L)(4) Exemptions from shoreline substantial development permit. This section says"The Applicant first posts a performance surety acceptable to the City to ensure that the site is restored to pre-existing conditions". Avista requests that this be deleted. This section refers to site exploration and investigation activities that are prerequisite to preparation of an application for development authorization etc. This usually means geotechnical borings of an area to determine the soils and stability. Boring test pit holes are not usually a big ground disturbance activity and restoration is fairly simple. The criteria of Section L indicates that this activity needs to be minor and not cause any significant adverse impacts so it would seem inefficient to have to post a performance bond to restore to pre-existing conditions. Performance bonds are usually for significant land use activities. Table 21.50.1: Shoreline Uses The table shows most of the routine maintenance of existing utility corridor and infrastructure as an allowed activity in the shoreline zones with the exception of Urban Conservancy-High Quality with a footnote that this activity may be allowed by a Letter of Exemption if the maintenance activity involves ground disturbing activity or is located within the Urban Conservancy—High Quality Environment. Avista requests that this be an allowed use in all of the shoreline zones. The corridors in the City of Spokane Valley have existed for the past 60-70 years and have been maintained as such. The shoreline map has our corridors in many of the shorelines designated areas including Urban Conservancy—High Quality Environment. Avista only removes vegetation capable of growing tall leaving the low growing vegetation. Avista requests that footnote#6 be revised to"Be allowed by Letter of Exemption if the maintenance activity involves over 500(or another specific and reasonable number)square feet of ground disturbing activity." The word`may'in the footnote places any of our maintenance activities, such as changing a pole, open to individual interpretation. The permitting requirement needs to be more commensurate with the maintenance activity. Section 21.50.260 (C)(2): Shoreline vegetation conservation This section states"Pruning and thinning within a utility corridor by the utility service provider of both native and non- native trees and vegetation shall be allowed when the following criteria are met... Ms. Lori Barlow April 22,2013 Page 2 Avista requests that this be revised to state "Pruning, thinning, and removal within a utility corridor by the utility service..." Removal of tall growing species is important to the reliability of our system. Tall growing species eventually become a hazard to our system and compromise the integrity. Section 21.50.400(B)(3): Public facilities and utilities Routine maintenance, replacement, and minor upgrades of existing utilities shall be allowed; provided that if the activity involves ground disturbance or is located in the Urban Conservancy—High Quality Environment,then such maintenance, replacement and minor upgrades shall only be allowed by Letter of Exemption. If existing high quality vegetated areas, as noted in the Shoreline Inventory and Analysis, are disturbed by maintenance activities in Urban Conservancy—High Quality designated shorelines, mitigation pursuant to SVMC 21.50.210 No Net Loss and Mitigation Sequencing, shall be required. Avista requests that routine maintenance, replacement,and minor upgrades of existing utilities be allowed even if the activity involves ground disturbance and is located in Urban Conservancy-High Quality Environment. Most of our typical activities such as pole and conductor replacements, maintaining proper clearances or crossarrn work are very low impact. Avista has maintained the several affected line crossings for many decades, including some in Urban Conservancy, and has not impacted or affected that classification. We believe it would be better to qualify and quantify the amount of ground disturbance that needs a letter of exemption regarding the maintenance of utilities in the shoreline area. Thank you for providing a draft for my review. Please feel free to contact me at 509-495-8657 or robin.bek ked ahl(oiavistacorp.com. Sincerely, Robin Bekkedahl Sr. Environmental Scientist WASHINGTON STATE DEPARTMENT OF Natural Resources IIMIMIF Peter Goldmark-Commissioner of Public Lands April 22, 2014 Lori Barlow, AICP Planner Spokane Valley City Hall 11707 E. Sprague Ave, Suite 106 Spokane Valley, WA 99206 RE: City of Spokane Valley Shoreline Master Program Comments Dear Lori, I would like to take this opportunity to congratulate you and your staff for the work completed to update the City of Spokane Valley Shoreline Master Program. As steward of more than 2.6 million acres of state-owned aquatic lands and their attached biological communities, the Department of Natural Resources (DNR) takes responsibility for ensuring that the people of Washington benefit from the use of aquatic lands, while also ensuring environmental protection of our natural resources for current and future generations. Thank you for the opportunity to provide comments. I am including a table with DNR staff comments on the proposed City of Spokane Valley Shoreline Master Program. The table identifies the issue/topic and provides a page number of the documents reviewed, along with DNR's comments and suggested language. I hope these comments are helpful to you and your staff. In addition to this, the City of Spokane Valley should be aware that DNR has been developing an Aquatic Lands Habitat Conservation Plan (HCP) and conducting extensive review and analysis on the environmental impacts of DNR-authorized activities on state-owned aquatic lands and the species that use those lands. From this research, DNR has concluded that the most effective way to provide sustainable stewardship for our aquatic lands is to manage through habitat stewardship review on individual use authorizations and leases on a case-by-case basis. The overarching goal is to first avoid and secondly minimize negative effects to submerged habitats and the species that depend on them. If you have questions, you may contact me at: hugo.flores@a,dnr.wa.gov or(360) 902-1126. Sincerely, Hugo Flores SMA Coordinator SMPs.SpoVa/14 Document/Location Text Comment Suggested Language Appendix A-1 Page 3 In-stream structures Consider adding piers and docks to the or other purpose such as piers definition. DNR believes that the placement and docks. of 30 piers and docks within a relative small shoreline segment may have impacts on the hydraulics of the river system. Shoreline Master Program Standards 6. Consider referencing SVMC 21.50.410 to this and SVMC 21.50.410 General Regulations. 21.50.310 Boating section. This would address cumulative regulations for specific facilities B. Standards. 6. Page 28 impacts analysis as well as habitat and shoreline modifications, as shoreline changes. applicable. Shoreline Master Program Shoreline/slope Consider including language that d. The Department of Natural Regulations. 21.50.420. B. stabilization acknowledges DNR's management authority Resources has approved or is Standards. 8. Page 36 for projects on state-owned aquatic lands. aware of the proposed project if it is on state-owned aquatic lands. Shoreline Master Program Piers and docks Even though there is an implication that 8. Piers and docks shall also Regulations. 21.50.430. B. SVMC 21.50.410 is also applicable to piers, comply with SVMC 21.50.410 Standards. Page 37 DNR believes that referencing it again in this General regulations for section would address the lack of cumulative specific shoreline impact analysis identified at the Inventory and modifications, as applicable. Characterization Report (Shoreline Modifications. Page 47)related to the 31 lots with direct access to the river where docks are allowed as a part of the development. SMPs.SpoVa/14 Cari Hinshaw From: Short, Jaime (ECY) [JSHO461©ECY.WA.GOV] Sent: Tuesday, April 22, 2014 4:20 PM To: Lori Barlow Subject: Ecology comments on draft City of Spokane Valley SMP work products Dear Lori, Thank you for the opportunity to review and comment on the City of Spokane Valley's draft Shoreline Buffer map and draft Shoreline Management and Restoration Program. Given the time allotted for review and my other commitments, I was unable to review the Definition section at this time. I've organized my comments by document below: Draft Shoreline Buffers— I appreciate the City's effort to tailor buffers at the parcel level. They are a direct reflection of the work performed on the Inventory, Analysis, and Characterization. At this time, however, I cannot understand how the buffer depicted on the GIS layer can be implemented on a project-by-project basis. • SMP maps are only designed to indentify shoreline jurisdiction at the planning level—jurisdiction is refined at the project scale once the Ordinary High Water Mark has been delineated for parcel in question. In some instances, the buffer extends to the limits of jurisdiction. What happens to the buffer if that line ends up being further upland? For example, the OHWM location is mapped inaccurately at the Trailside development, OHWM being further landward than shown just upstream of the Centennial Trail Bridge. What happens to the buffer at that location? • How will the average project proponent mark the extent of the buffer "clearly on the ground" as is required in section 21.50.230(2)? • How do you implement the structural setbacks called for in Table 21.50-3 using these maps? We understand that the mapping is intended to depict the actual location of the buffer on each parcel, but these are not survey-grade map products and by nature have only limited accuracy. Again, we applaud the City's commitment to protecting and preserving riparian vegetation at the parcel scale, but the current approach is missing a procedure that will take the GIS map layer and translate it to implementation on the ground. Without clear direction, consistent implementation of the buffers is unlikely. Draft Shoreline Management and Restoration Program— • 21.50.030(D): Please amend to read "The Director `will consult with Ecology,at his discretion, to ensure..." per WAC 173-26-140. • 21.50.110(F): Please include the remainder of the definition in WAC 173-27-040(2)(g) as it pertains to appurtenant structures. • 21.50.110(G): Please amend to reflect the new thresholds reflected in ESHB 1090 (effective date 6/12/2014). • 21.50.110(H): Please clarify the difference between activities covered under this exemption and similar activities described in section 21.50.090(C). • 21.50.150(B)(5): Please add to the end of the sentence, "or be authorized through the issuance of a Shoreline Variance." i • Table 21.50-1: We suggest removing the "Allowed Use" category. All of the activities in the table that have been designated with an "A" should be designated with a "P". They are exempt from issuance of an SDP but they are still subject to review and will require a Letter of Exemption. • Tables 21-50-1 and -2: We suggest using something other than a blank square to note "Prohibited" activities. At first glance it looks like the tables are simply incomplete. • 21.50.230(B)(3): This section is a little confusing. If you want to permit buffer reductions through a Variance, I would suggest removing the 25% limitation and note that applicants must meet the requirements of 21.50.140. Other SMPs allow for administrative reductions up to 25%with similar sideboards to what you have written in this section— is that the direction you meant to go? Buffer averaging may be a useful tool in those circumstances. See Spokane County's SMP, section 5.2.5(8) for sample language. • 21.50.260(B)(2)(c): Please provide dimensional and/or performance standards for new trails developed within shoreline buffers. See Spokane County's SMP, section 5.2.5(5) for sample language. • 21.50.340(B)(2): Please edit to read, "...surface water movement. They shall provide for the protection and preservation of ecosystem-wide processes, ecological functions, and cultural resources in accordance with WAC 173-26-241(3)(g)." • 21.50.360(B)(5): Please add SVMC 21.50.260 Shoreline Vegetation Conservation to this list. • 21.50.370(B)(5): Is this section allowing structures to be built between the edge of the vegetated buffer and setbacks listed in Table 21.50-3? Wouldn't that run counter to the purpose of a structural setback? • 21.50.420(B)(3&4): These regulations appear to say that projects using vegetation to stabilize a shoreline will require a CUP—is that the City's intention? • 21.50.430: Please clarify where new docks will be permitted in accordance with SMP 12-27 in the Council approved Draft Goals and Policies Report. • 21.50.430: Per WAC 173-26-231(3)(b), please add to the list, "New residential development of two or more dwellings shall provide joint use or community dock facilities, when feasible, rather than allow individual docks for each residence." • 21.50.480(C)(4)(a): Please edit to read, "Legally constructed existing irrigation and drainage ditches,..." • 21.50.510(B): Please add to the end of the sentence "consistent with appropriate state and federal guidelines". • 21.50.510(D)(f)(i): Please edit to read "....temporary impact restoration and five up to ten years for compensatory mitigation;" • 21.50.520(C)(1): Please edit to read, "These buffer provisions apply to all wetlands except isolated Category III and IV wetlands less than 1,000 square feet that:". This change will bring the section in line with Ecology's and Corps' guidance and the most recent and relevant scientific information. • 21.50.520(E)(1)(c)(v): Please edit to read, "Soil conditions based on site assessment and7Le.soil survey information;" My comments at this juncture represent a relatively high-level technical review of the documents. We will review these documents, in concert with the other documents constituting your SMP, in greater detail once the entire package is available for public consumption. One barrier to providing a complete review is the lack of a Cumulative Impact Analysis. A complete CIA is a necessary tool in our evaluation of the development regulations and helps ensure compliance with the No Net Loss standard. Please feel free to call me with any questions. Thanks again! -Jaime Jaime Short 2 Shoreline Planner WA State Dept of Ecology 4601 N. Monroe Spokane,WA 99205 509.329.3411 Please note:This communication is public record and may be subject to disclosure as per the Washington State Public Records Act, RCW 42.56. 3 Chapter 21.50 SHORELINE MANAGEMENT AND RESTORATION PROGRAM Sections: 21.50.010 Applicability, shoreline permits and exemptions. 21.50.020 Applicability. 21.50.030 Administrative authority and responsibility. 21.50.040 Types of shoreline permits. 21.50.050 Development authorization review procedure. 21.50.060 Authorization decisions -Basis for action. 21.50.070 Conditions of approval. 21.50.080 Prohibited uses. 21.50.090 Minor activities allowed without a permit or letter of exemption. 21.50.100 Shoreline substantial development permit. 21.50.110 Exemptions from a shoreline substantial development permit. 21.50.120 Letters of exemption. 21.50.130 Shoreline conditional use permit. 21.50.140 Shoreline variance. 21.50.150 Nonconforming development. 21.50.160 Minor revisions to approved uses or developments. 21.50.170 Enforcement responsibilities generally. 21.50.180 General provisions. 21.50.190 Shoreline uses table. 21.50.200 Shoreline modification activities table. 21.50.210 No net loss and mitigation sequencing. 21.50.220 Height limit standards. 21.50.230 Shoreline buffers and building setbacks. 21.50.240 Flood hazard reduction. 21.50.250 Public access. 21.50.260 Shoreline vegetation conservation. 21.50.270 Water quality, stormwater,and non-point pollution. 21.50.280 Archaeological and historic resources 21.50.290 Gravel pits 21.50.300 Specific shoreline use regulations. 21.50.310 Boating facilities. 21.50.320 Commercial use. 21.50.330 Industrial use. 21.50.340 In-stream structures. 21.50.350 Parking facilities. 21.50.360 Recreational development and use. 21.50.370 Residential development and use. 21.50.380 Signs and outdoor lighting. 21.50.390 Transportation facilities. 21.50.400 Public facilities and utilities. 21.50.410 General regulations for specific shoreline modifications. 21.50.420 Shoreline/slope stabilization. 21.50.430 Piers and docks. 21.50.440 Dredging and fill. 21.50.450 Shoreline habitat and natural systems enhancement projects. 21.50.460 General- Shoreline critical areas regulations-Applicability. 21.50.470 Maps and inventories. City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 1 21.50.480 Exemptions from critical area review and reporting requirements. 21.50.490 Critical area review. 21.50.500 Critical area report requirements for all critical areas. 21.50.510 Mitigation. 21.50.520 Wetlands- Shoreline critical area regulation. 21.50.530 Critical aquifer recharge areas-Shoreline critical area regulations. 21.50.540 Fish and wildlife habitat conservation areas- Shoreline critical area regulations. 21.50.550 Geologically hazardous areas- Shoreline critical area regulations. 21.50.560 Frequently flooded areas- Shoreline critical area regulations. Appendix A-1 Shoreline Master Program Definitions Appendix A-2 Shoreline Buffers Map City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft CHAPTER 21.50 SHORELINE REGULATIONS 21.50.010 Applicability, shoreline permits and exemptions. To be authorized, all uses and development activities in shorelines shall comply with the City of Spokane Valley's(City) Shoreline Master Program(SMP) and the Shoreline Management Act(SMA)pursuant to RCW 90.58.140(1). All regulations applied within the shoreline shall be liberally construed to give full effect to the objectives and purposes for which they have been enacted. 21.50.020 Applicability. A. The SMP shall apply to all shorelands, shorelines,and waters within the City that fall under the jurisdiction of chapter 90.58 RCW. The Shoreline Designations Map is shown in Appendix A. These include: 1. Lands extending 200 feet from the ordinary high water mark(OHWM)of waters that fall under the jurisdiction of chapter 90.58 RCW,in all directions as measured on a horizontal plane; 2. Floodways and contiguous floodplain areas landward 200 feet from such floodways; 3. Critical areas within the shoreline and their associated buffer areas; and 4. Lakes that are subject to the provisions of the SMP, as may be amended. B. Maps depicting the extent of shoreline jurisdiction and shoreline designations are for guidance only. They are to be used in conjunction with best available science,field investigations and on- site surveys to accurately establish the location and extent of the shoreline jurisdiction when a project is proposed. All areas meeting the definition of a shoreline or a Shoreline of Statewide Significance,whether mapped or not, are subject to the provisions of the SMP. Within the City, Shelley Lake is considered a Shoreline of the State and is subject to the provisions of the SMP. The Spokane River is further identified as a shoreline of statewide significance. C. The SMP shall apply to every person,individual,firm,partnership, association,organization, corporation,local or state governmental agency,public or municipal corporation,or other non- federal entity that develops,owns, leases,or administers lands,critical areas,or waters that fall under the jurisdiction of the SMA. D. Hazardous substance remedial actions pursuant to a consent decree,order,or agreed order issued pursuant to chapter 70.105D RCW are exempt from all procedural requirements of the SMP. E. Development may require a shoreline permit in addition to other approvals required from the City, state,and federal agencies. F. The SMP shall apply whether the proposed development or activity is exempt from a Shoreline Permit or not. G. Definitions relevant to the SMP are set forth in Appendix A-1. If any conflict occurs between the defmitions found in Appendix A-1, and Appendix A,the defmition provided in Appendix A-1 shall govern. H. When the provisions set forth in SVMC 21.50 conflict with other provisions of the SMP or with federal or state regulations,those which provide more substantive protection to the shoreline shall apply. 21.50.030 Administrative authority and responsibility. City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 3 A. The City Manager has designated the Community Development Director(Director)as the City's shoreline administrator,who shall carry out the provisions of the SMP and who shall have the authority to act upon the following matters: 1. Interpretation,enforcement, and administration of the SMP; 2. Modifications or revisions to approved Shoreline Permits as provided in the SMP; and 3. Requests for Letters of Exemption. B. The Director shall ensure compliance with the provisions of the SMP for all shoreline permits and approvals processed by the City pursuant to SVMC 21.50.100,21.50.110,21.50.130, and 21.50.140. C. The Director shall document all project review actions in the shoreline jurisdiction in order to periodically evaluate the cumulative effects of authorized development on shoreline conditions, pursuant to WAC 173-26-191(2)(a)(iii)(D). D. The Director may consult with Ecology, at his discretion,to ensure that any formal written interpretations are consistent with the purpose and intent of chapter 90.58 RCW and the applicable guidelines of chapter 173-26 and 173-27 WAC. 21.50.040 Types of shoreline permits. Developments and uses within the shoreline jurisdiction may be authorized through one or more of the following: A. Shoreline Substantial Development Permit,pursuant to SVMC 21.50.100,for substantial development. B. Shoreline Conditional Use Permit,pursuant to SVMC 21.50.130,for projects identified in SVMC 21.50.190 or uses not specified in the SMP. C. Letters of Exemption,pursuant to SVMC 21.50.120, for projects or activities meeting the criteria of RCW 90.58.030(3)(e) and WAC 173-27-040(2). D. Shoreline Variance,pursuant to SVMC 21.50.140. 21.50.050 Development authorization review procedure. A. Complete development applications and appeals shall be processed pursuant to SVMC 17.80 Permit Processing Procedures, SVMC 17.90 Appeals, and with any specific process requirements provided in SVMC 21.50 including: 1. Submittals; 2. Completeness review; 3. Notices; 4. Hearings; 5. Decisions; and 6. Appeals. B. The following procedures shall also apply to development authorizations within the shoreline jurisdiction: 1. The public comment period for Shoreline Substantial Development Permits shall be 30 days,pursuant to WAC 173-27-110. 2. The public comment period for limited utility extensions and shoreline stabilization measures for bulkheads to protect a single family residence and its appurtenant structures shall be 20 days,pursuant to WAC 173-27-120. 3. For limited utility extensions and bulkheads for a single family residence,a decision shall be issued within 21 days from the last day of the comment period,pursuant to WAC 173- 27-120. City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 4 4. The effective date of a Shoreline Permit shall conform to WAC 173-27-090 and shall be the latter of the permit date,or the date of final action on subsequent appeals of the Shoreline Permit,if any,unless the Applicant notifies the shoreline administrator of delays in other necessary construction permits. 5. The expiration dates for a shoreline permit pertaining to the start and completion of construction, and the extension of deadlines for those dates shall conform to WAC 173- 27-090 and are: a. Construction shall be started within two years of the effective date of the shoreline permit; b. Construction shall be completed within five years of the effective date of the shoreline permit; c. A single one-year extension of the deadlines may be granted at the discretion of the Director; and d. The Director may set alternative permit expiration dates as a condition of the shoreline permit if just cause exists. 6 The decision and the application materials shall be sent to Ecology after the local decision and any local appeal procedures have been completed,pursuant to WAC 173- 27-130; 7. For Shoreline Substantial Development Permits, Ecology shall file the permit without additional action pursuant to WAC 173-27-130; 8. For Shoreline Conditional Use permits and Variance decisions,Ecology shall issue a decision within 30 days of the date of filing,pursuant to WAC 173-27-130 and WAC 173-27-200; 9. The appeal period to the Shorelines Hearings Board of an Ecology action shall be 21 days from the date of filing for a Shoreline Substantial Development Permit,or the issue date of a Shoreline Conditional Use permit or Variance decision,pursuant to WAC 173-27- 190; 10. The Shorelines Hearings Board will follow the rules governing that body,pursuant to chapter 90.58 RCW. C. Development applications shall be reviewed for conformance with SVMC 21.50.180 through 21.50.560. 21.50.060 Authorization decisions-Basis for action. A. Approval or denial of any development or use within the shoreline jurisdiction shall be based upon the following: 1. Danger to life and property that would likely occur as a result of the project; 2. Compatibility of the project with the critical area features on, adjacent to,or near the property, shoreline values and ecological functions, and public access and navigation; 3. Conformance with the applicable development standards in SVMC 21.50; 4. Requirements of other applicable local,state or federal permits or authorizations; 5. Adequacy of the information provided by the Applicant or available to the Director; and 6. Ability of the project to satisfy the purpose and intent of the SMP. B. Based upon the project evaluation,the Director shall take one of the following actions: 1. Approve the development or use; 2. Approve the development or use with conditions,pursuant to SVMC 21.50.070; or 3. Deny the development or use. C. The decision by the Director on the development or use shall include written findings and conclusions stating the reasons upon which the decision is based. City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 5 21.50.070 Conditions of approval. When approving any development or use,the Director may impose conditions to: A. Accomplish the purpose and intent of the SMP; B. Eliminate or mitigate any negative impacts of the project on critical areas,and on shoreline functions; C. Restore important resource features that have been degraded or lost on the project site; D. Protect designated critical areas and shoreline jurisdiction from damaging and incompatible development; or E. Ensure compliance with specific development standards in SVMC 21.50. 21.50.080 Prohibited activities and uses. The following activities and uses are prohibited in all shoreline designations and are not eligible for a Shoreline permit,including a Conditional Use or Shoreline Variance. See Table 21.50-1 and Table 21.50-2. A. Uses not allowed in the underlying zoning district; B. Discharge of solid wastes,liquid wastes,untreated effluents,or other potentially harmful materials; C. Solid waste or hazardous waste landfills; D. Speculative fill; E. Dredging or dredge material disposal in wetlands; F. Dredging or dredge material disposal to construct land canals or small basins for boat moorage or launching,water ski landings, swimming holes or other recreational activities; G. Commercial timber harvest or other forest practices; H. Agriculture and aquaculture; I. Non water-oriented Industrial Uses and Mining; and J. The construction of breakwaters,jetties,groins,or weirs. 21.50.090 Minor activities allowed without a Shoreline permit or letter of exemption. The SMP applies to the following activities,however,they are allowed without a Shoreline permit or Letter of Exemption: A. Maintenance of existing landscaping (including paths and trails)or gardens within the shoreline, including a regulated critical area or its buffer. Examples include mowing lawns,weeding, harvesting and replanting of garden crops,pruning, and planting of non-invasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas. Removing trees and shrubs within a buffer is not considered a maintenance activity. See SVMC 21.50.260 for regulations regarding vegetation removal. Excavation, filling, and City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 6 construction of new landscaping features is not considered a maintenance activity and may require a shoreline permit or letter of exemption. B. Minor maintenance and/or repair of lawfully established structures that do not involve additional construction,earthwork,or clearing. Examples include painting,trim or facing replacement,re- roofing,etc. Construction or replacement of structural elements is not covered in this provision, but may be covered under an exemption in SVMC 21.50.110(B). C. Cleaning canals,ditches,drains,wasteways,etc.without expanding their original configuration is not considered additional earthwork, as long as the cleared materials are placed outside the shoreline jurisdiction,wetlands and buffers; D. Creation of unimproved private trails that do not cross streams or wetlands and which are less than two feet wide and do not involve placement of fill or grubbing of vegetation; E. Planting of native vegetation; F. Noxious weed control outside of buffers pursuant to SVMC 21.50.110(M)except for area wide vegetation removal/grubbing; G. Noxious weed control within vegetative buffers,if the criteria listed below are met. Control methods not meeting these criteria may still apply for a restoration exemption,or other authorization as applicable: 1. Hand removal/spraying of individual plants only; and 2. No area-wide vegetation removal/grubbing. H. Pruning,thinning,or dead or hazardous tree removal pursuant to SVMC 21.50.260(C). 21.50.100 Shoreline substantial development permit required. A. Classification Criteria-A Shoreline Substantial Development Permit is required for any substantial development unless the use or development is specifically exempt pursuant to SVMC 21.50.090 or 21.50.110. B. Process- Shoreline Substantial Development Permits shall be processed as a Type II review pursuant to SVMC 17.80 Permit Processing Procedures, subject to the exceptions set forth in SVMC 21.50.050. C. Decision Criteria-A Shoreline Substantial Development Permit may be issued when all applicable requirements of the SMA,WAC 173-27, and the SMP have been met. 21.50.110 Exemptions from shoreline substantial development permit. The activities listed below are exempt from the requirement to obtain a Shoreline Substantial Development Permit pursuant to WAC 173-27-040. These activities still require a letter of exemption and may require a Shoreline Conditional Use Permit, Shoreline Variance,or other development permits from the City or other agencies. If any part of a proposed development is not eligible for a Letter of Exemption,then a Shoreline Substantial Development Permit is required for the entire proposed development project. Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemptions from the Shoreline Substantial Development Permit. City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 7 A. Any development of which the total cost or fair market value does not exceed$6,416 or as adjusted by the State Office of Financial Management,if such development does not materially interfere with the normal public use of the water or Shorelines of the State. For purposes of determining whether or not a Shoreline Substantial Development Permit is required,the total cost or fair market value shall be based on the value of development as defined in RCW 90.58.030(2)(c). The total cost or fair market value of the development shall include the fair market value of any donated,contributed,or found labor,equipment,or materials. B. Normal maintenance or repair of existing legally-established structures or developments, including damage by accident,fire,or elements. 1. Normal maintenance includes those usual acts to prevent a decline,lapse,or cessation from a lawfully established condition. 2. Normal repair means to restore a development to a state comparable to its original condition,including but not limited to its size, shape,configuration,location, and external appearance,within a reasonable period after decay or partial destruction,except where repair causes substantial adverse effects to the shoreline resource or environment. 3. Replacement of a structure or development may be authorized as repair where such replacement is: a. The common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape,configuration,location, and external appearance; and b. The replacement does not cause substantial adverse effects to shoreline resources or environment. C. Construction of a normal protective bulkhead common to residential lots: 1. A normal protective bulkhead includes those structural and nonstructural developments installed at or near,and parallel to,the OHWM for the sole purpose of protecting an existing residence and appurtenant structures from loss or damage by erosion. 2. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed,not more than one cubic yard of fill per one foot of wall may be used as backfill. 3. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall,it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an OHWM has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual OHWM. 4. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the Washington State Department of Fish and Wildlife (WDFW). D. Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health,safety,or the environment that requires immediate action within a time too short to allow full compliance with Chapter 21.50. 1. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the Director to be the appropriate means to address the emergency situation,upon abatement of the emergency situation the new structure shall be removed or any permit City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 8 that would have been required,absent an emergency,pursuant to chapter 90.58 RCW, WAC 173-27,or the SMP,shall be obtained. 2. All emergency construction shall be consistent with the policies and requirements of chapter 90.58 RCW and the SMP. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency. E. Construction or modification of navigational aids such as channel markers and anchor buoys. F. Construction on shorelands by an owner,lessee,or contract purchaser of a single-family residence or appurtenance for their own use or for the use of their family,which residence does not exceed a height of 35 feet above average grade level,and which meets all requirements of the City,other than requirements imposed pursuant to chapter 90.58 RCW. Construction authorized under this subsection shall be located landward of the OHWM. G. Construction of a dock,including a community dock,designed for pleasure craft only, for the private non-commercial use of the owner,lessee,or contract purchaser of a single-family or multiple-family residence. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities,or other appurtenances. This exception applies when the fair market value of the dock does not exceed$10,000,but if subsequent construction having a fair market value exceeding$2,500 occurs within five years of completion of the prior construction,the subsequent construction shall be considered a substantial development. H. Operation,maintenance,or construction of canals,waterways,drains,reservoirs,or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters,including return flow and artificially stored ground water from the irrigation of lands. I. The marking of property lines or corners on state-owned lands,when such marking does not significantly interfere with normal public use of the surface of the water. J. Operation and maintenance of any system of dikes,ditches,drains,or other facilities existing on September 8, 1975,which were created,developed,or utilized primarily as a part of an agricultural drainage or diking system. K. Any project with a State Energy Facility Site Evaluation Council certification from the governor pursuant to RCW 80.50. L. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter,if: 1. The activity does not interfere with the normal public use of surface waters; 2. The activity will have no significant adverse impact on the environment including but not limited to fish,wildlife, fish or wildlife habitat,water quality,and aesthetic values; 3. The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; and 4. The Applicant first posts a performance surety acceptable to the City to ensure that the site is restored to pre-existing conditions. M. Removing or controlling aquatic noxious weeds,as defined in RCW 17.26.020,through the use of an herbicide or other treatment methods applicable to weed control published by the Department of Agriculture or Ecology jointly with other state agencies under RCW 43.21C. City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 9 N. Watershed restoration projects as defined in WAC 173.27.040(2)(o). The Director shall determine if the project is substantially consistent with the SMP and notify the Applicant of such determination by letter. 0. A public or private project that is designed to improve fish or wildlife habitat or fish passage as reviewed by WDFW and all of the following apply: 1. The project has been approved in writing by the WDFW; 2. The project has received hydraulic project approval by the WDFW pursuant to chapter 77.55 RCW; and 3. The Director has determined that the project is substantially consistent with the SMP and shall notify the Applicant of such determination by letter. 21.50.120 Letter of exemption. A. The proponent of an activity exempt from a Shoreline Substantial Development Permit shall apply for a Letter of Exemption. All activities exempt from the requirement for a Shoreline Substantial Development Permit shall use reasonable methods to avoid impacts to critical areas within the shoreline jurisdiction. Being exempt from the requirements for a Shoreline Substantial Development Permit does not give authority to degrade a critical area,or shoreline,or ignore risk from natural hazards. B. The Director shall review the Letter of Exemption request to verify compliance with the SMP and shall approve or deny such Letter of Exemption. C. If a Letter of Exemption is issued,it shall be sent to Ecology,the Applicant, and a copy retained by the City. D. A Letter of Exemption may contain conditions and/or mitigating conditions of approval to achieve consistency and compliance with the provisions of the SMP and the SMA. E. A denial of a Letter of Exemption shall be in writing and shall list the reason(s)for the denial. 21.50.130 Shoreline conditional use permit. A. Classification Criteria- Shoreline conditional uses are those uses within the shoreline jurisdiction identified in Table 21.50-1 Shoreline Use Table,which require a Shoreline Conditional Use Permit. B. Unclassified uses not specifically identified in Table 21.50-1 may be authorized through a Shoreline Conditional Use Permit,provided the Applicant can demonstrate consistency with the requirements of SVMC 21.50. C. Process-A Shoreline Conditional Use Permit shall be processed as a Type II review pursuant to SVMC 17.80 Permit Processing Procedures. The Director shall be the final authority for the City, whose recommendation is then forwarded to Ecology. Ecology shall have final approval authority pursuant to WAC 173-27-200. D. Decision Criteria-The Director's decision on a conditional use shall be based upon the criteria set forth in SVMC 19.150.030 and 21.50.060 Conditions and Requirements,together with the criteria established below. The Applicant shall demonstrate to the satisfaction of the Director that the development meets all of the following criteria: 1. The use is consistent with the policies of RCW 90.58.020; City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 10 2. The use will not interfere with the normal public use of public shorelines; 3. The use of the site and design of the project is compatible with other permitted uses in the area; 4. The use will cause no significant adverse effects to the shoreline environment designation in which it is located; and 5. The public interest will suffer no substantial detrimental effect. E. Consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example,if Shoreline Conditional Use Permits were granted for other developments in the area where similar circumstances exist for similar uses and impacts,the total cumulative effect of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. F. The burden of proving that the project is consistent with the applicable criteria shall be upon the Applicant. 21.50.140 Shoreline variance. A. The purpose of a Shoreline Variance is to grant relief to specific bulk or dimensional requirements set forth in SVMC 21.50 where extraordinary or unique circumstances exist relating to the property such that the strict implementation of the standards would impose unnecessary hardships on the Applicant,or thwart the policies set forth in the SMA and the SMP. B. When a development or use is proposed that does not meet requirements of the bulk,dimensional, and/or performance standards of the SMP, such development may only be authorized by approval of a Shoreline Variance,even if the development or use does not require a Shoreline Substantial Development Permit. C. Process-A Shoreline Variance shall be processed as a Type II review pursuant to SVMC 17.80 Permit Processing Procedures. Each request for a Shoreline Variance shall be considered separately and prior to any decision on a development application. Any decision to approve or conditionally approve the development will include and specifically cite only those variances approved for inclusion with the project. D. When a Shoreline Variance is requested,the Director shall be the final authority for the City. The Director's determination shall be provided to Ecology for review. Ecology shall have final approval authority of Shoreline Variances pursuant to RCW 90.58.140(10). E. Decision Criteria-To qualify for a Shoreline Variance,the following shall be required: 1. Demonstrate compliance with the criteria established in SVMC 21.50.060 Authorization Decisions-Basis for Action; 2. A Shoreline Variance request for a development or use located landward of the OHWM, or landward of any wetland shall cite the specific standard or condition from which relief is requested and be accompanied by evidence that demonstrates the variance is consistent with all of the items below: a. That the strict application of a standard precludes,or significantly interferes with, reasonable use of the property; b. That the hardship described in subsection a is specifically related to the property, and is a result of unique natural or physical conditions,such as irregular lot shape, size,or natural features which do not allow compliance with the standard. The site constraint shall not be the result of a deed restriction, a lack of knowledge of City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 11 requirements involved when the property was acquired,or other actions resulting from the proponent's own actions; c. The project is generally compatible with other permitted or authorized uses in the project area, with uses planned for the area under the Comprehensive Plan and the SMP, and will not cause adverse impacts to the area; d. The requested variance would not constitute a grant of special privilege not enjoyed by other properties in the area, and the variance is the minimum necessary to afford the requested relief; and e. That the public interest will suffer no substantial detrimental effect; 3. A Shoreline Variance request for a development or use located waterward of the OHWM, or within any wetland shall cite the specific standard or condition from which relief is requested and be accompanied by evidence that demonstrates the variance is consistent with all of the items below: a. That the strict application of a standard would preclude all reasonable use of the property; b. That the proposal is consistent with the criteria established under subsection(2)(b) through (e)of this section; and c. That the public rights of navigation and use of the shorelines will not be adversely affected. 4. In the granting of any Shoreline Variance,consideration shall be given to the cumulative impact of additional requests for like variances in the area. For example,if Shoreline Variances were granted to other developments and/or uses in the area where similar circumstances exist,the total of the variances shall also remain consistent with the policies of the SMA and SMP and shall not cause substantial adverse impacts to the shoreline environment. F. The burden of proving that a proposed variance meets the criteria of the SMP and WAC 173-27- 170 shall be on the Applicant. Absence of such proof shall be a basis for denial of the application. 21.50.150 Nonconforming development. A. Classification Criteria—A use, structure,or lot is nonconforming if it was legally established but is inconsistent with a subsequently adopted regulation or regulations. Lawful uses, structures, and lots that are deemed nonconforming are subject to the provision of this section. B. Process and Decision Criteria 1. Decisions on projects that require review under this section shall be made pursuant to SVMC 21.50.060 Authorization Decisions-Basis for Action and the following criteria. 2. Legal nonconforming uses and structures shall be allowed to continue with no additional requirements except as otherwise addressed in this section. 3. Nonconforming Uses. a. Additional development of any property on which a nonconforming use exists shall require that all new uses conform to the SMP. b. Intensification or expansion of nonconforming uses that will not result in an increase of nonconformity shall be allowed and will be processed under these nonconforming provisions as a Type II review,pursuant to SVMC Title 17.80 Permit Processing Procedures. c. Change of ownership,tenancy,or management of a nonconforming use shall not affect its nonconforming status provided that the use does not change or intensify. City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 12 d. If a nonconforming use is converted to a conforming use, a nonconforming use may not be resumed. e. Conversion from one nonconforming use to another may only be approved through a Shoreline Conditional Use Permit pursuant to SVMC 21.50.130(E)if the following additional criteria are met: i. The property is located within a residential or conservancy shoreline environment; ii. The replacement use is either of a similar intensity to the previous nonconforming use,or is more conforming with the intent of the applicable Shoreline Environment Policies; and iii. The impacts to the shoreline ecological functions from the existing use are reduced by changing the use. f. When the operation of a nonconforming use is discontinued or abandoned for a period of 12 consecutive months,the nonconforming use rights shall expire and the future use of such property shall meet all current applicable regulations of the SMP. g. If a conforming building housing a nonconforming use is damaged,the use may be resumed at the time the building is repaired,provided a permit application for the restoration is received by the City within 12 months following said damage. h. Normal maintenance and repair of a structure housing a nonconforming use may be permitted provided all work is consistent with the provisions of the SMP. i. Legally established residences are considered conforming uses. 4. Nonconforming Structures. a. A nonconforming structure may be maintained or repaired,provided such improvements do not increase the nonconformity of such structure and are consistent with the remaining provisions of the SMP. b. Alterations to legal nonconforming structures that: i. Will result in an increase of nonconformity to the structures,including expanding within the buffer,may be allowed under a Shoreline Variance pursuant to SVMC 21.50.140; or ii Do not increase the existing nonconformity and will otherwise conform to all other provisions of SVMC 21.50 are allowed without additional review. c. A nonconforming structure that is moved any distance within the shoreline jurisdiction shall be brought into conformance with the SMP. d. A damaged nonconforming structure may be reconstructed or replaced, regardless of the amount of damage if: i. The rebuilt structure or portion of structure does not expand or modify the original footprint or height of the damaged structure unless: (1). The expansion or modification does not increase the degree of nonconformity with the current regulations; and (2). The reconstructed or restored structure will not cause additional adverse effects to adjacent properties or the shoreline environment. ii. It is not relocated except to increase conformity or to increase ecological function,in which case the structure shall be located in the least environmentally damaging location possible; iii. The permit application to restore the development is made within 12 months of the date the damage occurred; and City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 13 iv. Any residential structures,including multi-family structures,may be reconstructed up to the size,placement,and density that existed prior to the damage, so long as other provisions of the SMP are met. 5. Nonconforming Lots. Legally established nonconforming,undeveloped lots located landward of the OHWM are buildable,provided that all new structures or additions to structures on any nonconforming lot must meet all setback,height and other construction requirements of the SMP and the SMA. 21.50.160 Minor revisions to approved uses or developments. A. Classification Criteria-Minor revisions to a project that have been approved under a shoreline permit are allowed in certain circumstances. 1. Changes that are not substantive are not required to obtain a revision and may be allowed as part of the original shoreline permit. Examples include,but are not limited to,minor changes in facility orientation or location,minor changes in structural design that do not change the height or increase ground floor area, and minor accessory structures such as equipment covers or small sheds near the main structure. 2. Substantive changes are those that materially alter the project in a manner that relates to its conformance with the shoreline permit and SMP requirements. Such changes may be approved as a minor revision if: a. The Director determines that the proposed revision and all previous revisions are within the scope and intent of the original shoreline permit; b. The use authorized with the original shoreline permit does not change; c. The project revision does not cause additional significant adverse environmental impacts; d. No new structures are proposed; and e. The criteria in SVMC 21.50.160(A)(3)are met. 3. Substantive changes shall comply with the following to be approved as a minor revision: a. No additional over-water construction shall be involved,except that pier,dock, or swimming float construction may be increased by 10 percent from the provisions of the original shoreline permit; b. Lot coverage and height approved with the original shoreline permit may be increased a maximum of 10 percent if the proposed revisions do not exceed the requirements for height or lot coverage pursuant to SVMC 21.50.220 Dimensional Standards and SVMC Title 19 Zoning Regulations; and c. Landscaping may be added to a project without necessitating an application for a new shoreline permit if the landscaping is consistent with permit conditions(if any) and SVMC 21.50. 4. Substantive changes which cannot meet these requirements shall require a new shoreline permit. Any additional shoreline permit shall be processed under the applicable terms of this chapter. B. Process-Requests for minor revisions to existing shoreline permits shall be processed as a Type I review,pursuant to SVMC Title 17.80 Permit Processing Procedures. Parties of record to the original shoreline permit shall be notified of the request for revision, although a comment period is not required. A minor revision for a project within shoreline jurisdiction shall follow state filing, appeal,and approval standards pursuant to WAC 173-27-100 Revisions to Permits. C. Decision Criteria-Decisions on minor revisions shall be pursuant to SVMC 21.50.060 Authorization Decisions—Basis for Action. 21.50.170 Enforcement. City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 14 A. Enforcement of the SMP,including the provisions of SVMC 21.50, shall be pursuant to SVMC 17.100. Nothing herein or within SVMC 17.100 shall be construed to require enforcement of the SMP and SVMC 21.50 in a particular manner or to restrict the discretion of the Director in determining how and when to enforce the SMP and SVMC 21.50;provided all enforcement shall be consistent with the policies of the SMP and SVMC 21.50. B. Upon a determination that a violation of the SMP,including SVMC 21.50,has occurred,no further development may be authorized unless and until compliance with any applicable shoreline and development permit or process conditions and requirements of SVMC 21.50 have been achieved to the satisfaction of the Director. C. For violations affecting a critical area,the party(s)responsible for the violation and the owner shall meet the following minimum performance standards to achieve the restoration requirements, as applicable: 1. A restoration plan shall be prepared and address the following: a. Restoration of historical structural and functional values,including water quality and habitat functions; b. Ensure that replacement soils will be viable for planting and will not create a less fertile growing conditions; c. Replacement of native vegetation within the critical area, and buffers with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities; d. Replication of the historic functions and values at the location of the alteration; e. Annual performance monitoring reports demonstrating compliance with mitigation plan requirements shall be submitted for a minimum two-year period; and f. As-built drawings and other information demonstrating compliance with other applicable provisions of the SMP shall be submitted. 2. The following additional performance standards shall be met for restoration of frequently flooded areas and geological hazards and be included in the restoration plan: a. The hazard shall be reduced to a level equal to,or less than,the pre-development hazard; b. Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and c. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard. 3. The Director may, at the violator's expense,consult with a Qualified Professional to determine if the plan meets the requirements of the SMP. Inadequate plans shall be returned to the violator for revision and resubmittal. 21.50.180 General provisions. A. General Regulations. 1. Regulations in SVMC 21.50.180 through 21.50.290 are in addition to the specific use regulations in SVMC 21.50.300 through 21.50.450 and other adopted rules,including but not limited to the Spokane Valley Municipal Code,the Spokane Valley Comprehensive Plan,the Spokane Valley Street Standards, and the Spokane Regional Stormwater Manual, as adopted or amended. 2. All permitted and exempt projects within the shoreline jurisdiction shall ensure that the no net loss of ecological functions standard is met. SVMC 21.50.210 No Net Loss and Mitigation Sequencing and SVMC 21.50.260 Shoreline Vegetation Conservation contain appropriate methods to achieve no net loss of shoreline ecological function. The City City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 15 may also condition project dimensions,location of project components on the site, intensity of use, screening,parking requirements, and setbacks, as deemed appropriate. 3. All shoreline uses and modifications shall obtain all necessary permits from the appropriate local, state, and federal agencies and shall operate in compliance with all permit requirements. 4. Deviations from regulations may be granted through a Shoreline Variance,which requires approval by both the City and Ecology. Shoreline modifications listed in Table 21.50-2 as"prohibited" are not eligible for consideration as a Shoreline Variance. 5. New projects,including the subdivision of land and related construction of single family residences,are prohibited when the use or development requires structural flood hazard reduction or other structural stabilization measures within the shoreline to support the proposed or future development. 6. When a proposal contains two or more use activities, including accessory uses,the most restrictive use category shall apply to the entire proposal. 7. Structures,uses,and activities shall be designed and managed to minimize blocking, reducing,or adversely interfering with the public's visual access to the water and the shorelines from public lands. 8. Structures and sites shall be designed with landscaping,vegetated buffers,exterior materials, and lighting that are aesthetically compatible with the shoreline environment. 9. When a study is required to comply with SVMC 21.50,it shall be performed by Qualified Professional registered in the State of Washington. 10. All clearing and grading activities shall comply with SVMC 24.50 Land Disturbing Activities. Adherence to the following is required during project construction: a. Materials adequate to immediately correct emergency erosion situations shall be maintained on site; b. All debris,overburden, and other waste materials from construction shall be disposed of in such a manner so as to prevent their entry into a water body. Such materials from construction shall not be stored or disposed of on or adjacent to Shorelines of the State; c. The shoreline buffer shall be clearly marked on the ground prior to and during construction activities to avoid impacts to the buffer; and d. Infrastructure used in,on,or over the water shall be constructed using materials that do not contaminate the water or interfere with navigation. B. The City may consult with agencies with expertise or jurisdiction over the resources during the review of any permit or process to assist with analysis and identification of appropriate performance measures that adequately safeguard shoreline and critical areas. C. The Director may consult with a Qualified Professional to review a critical areas report when City staff lack the resources or expertise to review these materials. The City may require the Applicant to pay for or reimburse the City for the consultant fees. 21.50.190 Shoreline uses table. A. Uses and activities are categorized within each shoreline environment as allowed,permitted, conditional use,or prohibited, as defined in this section. This priority system determines the applicable permit or process,administrative requirements,and allows activities that are compatible with each shoreline designation. Procedures and criteria for obtaining a Shoreline Substantial Development Permit,Letter of Exemption, Shoreline Conditional Use Permit,and Shoreline Variance are set forth in SVMC 21.50.040. These uses shall also meet the requirements of SVMC Title 19 Zoning Regulations. City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 16 B. The following terms shall be used in conjunction with Shoreline Use and Modification Tables provided in SVMC 21.50.190 and SVMC 21.50.200. Allowed Use: These are uses that are exempt from the shoreline permit review process and do not require submittal of a Shoreline Substantial Development Permit or Letter of Exemption application. Projects or uses shall be reviewed to ensure that all requirements contained in SVMC 21.50 are met. Building permit applications,or site plans, are the general method of review. Permitted Use: These are uses which are preferable and meet the policies of the particular shoreline environment designation. They require submittal of a Shoreline Substantial Development Permit or a Letter of Exemption application. An exemption is subject to an administrative approval process; a Shoreline Substantial Development Permit requires public notice,comment periods,and filing with Ecology. Conditional Use: A Shoreline Conditional Use Permit is intended to allow for flexibility and the exercise of judgment in the application of regulations in a manner consistent with the policies of the SMA and the SMP. Prohibited: These are uses which are viewed as inconsistent with the definition,policies,or intent of the shoreline environmental designation. For the purposes of the SMP,these uses are considered inappropriate and are not authorized under any permit or process. Table 21.50-1 - Shoreline Uses,below, shall be used to determine the permit or process required for specific shoreline uses and activities within the shoreline jurisdiction. 4\)1 City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft Table 21.50-1: Shoreline Uses Tz U U 0 o es •c •c °c. U U = CZ SHORELINE USES `A `i Z Z x Agricultural Activities Aquaculture Boating Facilities(Including launches, ramps,public/commercial docks, and private docks serving more than four residences) N/A P C ' Commercial Use Water-dependent P2 P2 C Water-related and water-enjoyment P2 P2 P2 C Non water-oriented P2' Forest Practices Industrial Use Water-dependent P C Water-related and water-enjoyment P Non water-oriented P' In-stream Structures As part of a fish habitat enhancement project N/A P P P P Other N/A P P P Mining Parking Facilities As a primary use As an accessory/secondary use P P P C Recreational Use Water-dependent P P P P P Water-related and water-enjoyment P P P P P Non water-oriented P P P C4 C Trails and walkways P P P C' P Residential Use Single-family A A A A Single-family residential accessory uses and structures A A A A Multi-family P P P Private docks serving one to four single- family residences N/A P P P Accessory Dwelling Units P P P P Transportation Facilities City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 18 U U 0 o es •I.) •c °c. U U = SHORELINE USES `A `i Z Z x New circulation routes related to permitted shoreline activities P P C C Expansion of existing circulation systems P P P P New,reconstructed,or maintenance of bridges,trail,or rail crossings P P P P P Public Facilities and Utilities Public facilities C C C C Utilities and utility crossings C C C C C Routine maintenance of existing utility corridor and infrastructure A6 A6 A6 P6 A6 KEY: A=Allowed P=Permitted C=Conditional Use Blank=Prohibited NIA=Not Applicable Notes: 'For Boating Facilities within the aquatic environment,the adjacent upland environment as set forth on the City Environment Designation Map shall govern (i.e.,if the aquatic environment is adjacent to Shoreline Residential -Waterfront designated shorelines,the use would be permitted). 2 Commercial uses are allowed in the Shoreline Residential-Upland, Shoreline Residential-Waterfront and Urban Conservancy Environments only if the underlying zoning of the property is Mixed Use Center. 3 Permitted only if the applicable criteria in SVMC 21.50.320(B)(1)or 21.50.330(B)(1)are met. 4 Non water-oriented recreation uses are prohibited in Urban Conservation-High Quality Shorelines except limited public uses that have minimal or low impact on shoreline ecological functions, such as the Centennial Trail and appropriately-scaled day use areas which may be allowed through a Conditional Use Permit. 5 Modifications,improvements,or additions to the Centennial Trail are permitted in the Urban Conservancy-High Quality Environment. 6 May be allowed by Letter of Exemption if the maintenance activity involves any ground disturbing activity or is located within the Urban Conservancy-High Quality Environment. 21.50.200 Shoreline modification activities table. Table 21.50-2, Shoreline Modification Activities, below, shall be used to determine whether a specific shoreline modification is allowed in a shoreline environment. Shoreline modifications may be permitted, approved as a conditional use, or prohibited,pursuant to SVMC 21.50.190. Shoreline modifications shall also meet the requirements of SVMC Title 19 Zoning Regulations. Table 21.50-2: Shoreline Modification Activities City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 19 U U 0 o es •I.) •c ° U U = CZ SHORELINE MODIFICATIONkr ACTIVITY Shoreline/Slope Stabilization Structural, such as bulkheads N/A C C Nonstructural, such as soil bioengineering N/A P P C ' Piers and Docks Piers N/A P C Viewing Platforms P P P Docks N/A P C ' Dredging and Fill Dredging C C C C Fill C C C C Shoreline Habitat and Natural Systems Enhancement Projects P P P P P Groins and Weirs C KEY: P=Permitted C=Conditional Use Blank=Prohibited NIA=Not Applicable ' For these uses within the aquatic environment,the adjacent upland environment as set forth on the Environment Designation Map shall govern (i.e.,if the aquatic environment is adjacent to Shoreline Residential-Waterfront designated shorelines,"hard" shoreline stabilization measures would be allowed by Shoreline Substantial Development Permit). 21.50.210 No net loss and mitigation sequencing. A. Applicability. This section applies to all shoreline activities,uses,development, and modifications,including those that are exempt from a Shoreline Substantial Development Permit. B. Standards. 1. All projects shall result in no net loss of shoreline ecological functions. The requirement for no net loss may be met through project design,construction, and operations. Additionally,this standard may be achieved by following the mitigation sequencing pursuant to SVMC 21.50.210(B)(4)and SVMC 21.50.260 Shoreline Vegetation Conservation. The City may condition project dimensions,location of project components on the site,intensity of use, screening,parking requirements,and setbacks, as deemed appropriate to achieve no net loss of shoreline ecological function. 2. Required mitigation shall not exceed the level necessary to ensure that the proposed use or development will ensure no net loss of shoreline ecological functions. 3. Mitigation sequencing pursuant to SVMC 21.50.210(B)(4)is required when specified in these regulations or for projects that: a. Involve shoreline modifications; b. Request a buffer or setback reduction pursuant to SVMC 21.50.230 Shoreline Buffers and Building Setbacks; c. Are located within a wetland or its buffer; or City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft d. Will have significant probable adverse environmental impacts that must be avoided or mitigated. 4. Mitigation measures shall be applied in the following order: a. Avoid the impact altogether by not taking a certain action or parts of an action; b. Minimize impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology; c. Rectify the impact by repairing,rehabilitating,or restoring the affected environment; d. Reduce or eliminate the impact over time by preservation and maintenance operations; e. Compensate for the impact by replacing,enhancing,or providing substitute resources or environments; and f. Monitor the impact and the compensation projects and take appropriate corrective measures, as needed. 21.50.220 Height limit standards. A. Applicability. This section applies to all new or redeveloped primary and residential accessory structures. B. Standards. 1. The maximum height limit for all new or redeveloped primary structures shall be 35 feet. 2. The maximum height limit for single-family residential accessory or appurtenant structures shall be 15 feet. 3. These height limit standards may be altered through a Shoreline Variance pursuant to SVMC 21.50.140. Shoreline buffers and building setbacks. A. Applicability. This section applies to all new construction,new and expanded uses, and modifications. Shoreline buffers are shown on the City Shoreline Buffer Map in Appendix A-2 Shoreline Buffers. B. Standards. 1. Unless otherwise specified in SVMC 21.50,buffers shall be maintained in predominantly natural,undisturbed,undeveloped,and vegetated condition. 2. The shoreline buffer shall be clearly marked on the ground prior to and during construction activities to avoid impacts to the buffer. 3. Shoreline buffers for new and expanded uses may be reduced up to 25 percent through a Shoreline Variance if the buffer widths have not been reduced or modified by any other prior action and one or more of the following conditions apply: a. Adherence of the buffer width would not allow reasonable use; b. The buffer contains variations in sensitivity to ecological impacts due to existing physical characteristics;i.e.the buffer varies in slope, soils,or vegetation. This shall be supported by a Habitat Management Plan developed in conformance with SVMC 21.50.540(E)(2); or c. Where shoreline restoration is proposed consistent with the City's Restoration Plan. 4. Building Setback from the shoreline buffer shall be as shown in Table 21.50-3: Table 21.50-3 Buffer Building Setbacks Environment Urban Urban Shoreline Shoreline City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 21 Conservancy Conservancy— Residential- Residential- High Quality Upland Waterfront Setback 10 foot 15 foot 0 foot0 foot' 'A 15-foot building setback from the shoreline buffer shall be required for any subdivision, binding site plan,or planned residential development in the Shoreline Residential—Upland and Shoreline Residential—Waterfront designations. 5. Front,rear,and side setbacks and lot coverage shall conform to the SVMC Title 19, Zoning Regulations. 21.50.240 Flood hazard reduction. A. Applicability. This section applies to development proposals: 1. Intended to reduce flood damage or hazard; 2. To construct temporary or permanent shoreline modifications or structures within the regulated floodplains or floodways;or 3. That may increase flood hazards. B. Standards. 1. All proposals shall conform to SVMC 21.30 Floodplain Regulation, SVMC 21.50.340, In-stream Structures and SVMC 21.50.410 Shoreline Modifications. 2. The following uses and activities may be allowed within the floodplain or floodway: a. Actions or projects that protect or restore the ecosystem-wide processes and/or ecological functions; b. New bridges,utility lines,and other public utility and transportation structures, with appropriate mitigation,where no other feasible alternative exists; c. Repair and maintenance of an existing legal structure,utility corridor,or transportation structure,provided that such actions do not increase flood hazards to other uses; d. Modifications,expansions, or additions to an existing legal use; and e. Measures to reduce shoreline erosion. 3. Natural in-stream features such as snags,uprooted trees,or stumps shall be left in place unless an engineered assessment demonstrates that they are causing bank erosion or higher flood stages. 21.50.250 Public access. A. Applicability. This section applies to all new projects by public and private entities. B. Standards. 1. Public access shall be consistent with the City's SMP Public Access Plan. 2. Public access may only be required as a condition of approval of a Shoreline Substantial Development Permit or Conditional Use Permit to the extent allowed by law and in a manner consistent with the City's Public Access Plan,and only in the following circumstances: a. The use or development is a public project;or b. The project is a private use or development and one of the following conditions exists: i. The project impacts,interferes with,blocks,discourages,or eliminates existing access; ii. The project increases or creates demand for public access that is not met by existing opportunities or facilities; or City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 22 iii. The project impacts or interferes with public use of waters subject to the Public Trust Doctrine. 3. Public access shall not be required for activities qualifying for a letter of exemption or new single family residential development of four or fewer units. 4. All developments,including shoreline permits or letter of exemption applications,which require or propose public access shall include a narrative that identifies: a. Impacts to existing access,including encroachment,increased traffic,and added populations; b. The access needs of the development consistent with those described for similar projects in the Public Access Plan, Section Four; and c. The proposed location,type, and size of the public access. 5. When public access is required pursuant to SVMC 21.50.250(B)(2)(b),the City shall impose permit conditions requiring public access that are roughly proportional to the impacts caused or the demand created by the proposed use or development. 6. Prior to requiring public access as a condition of approval of any shoreline permit or letter of exemption pursuant to SVMC 21.50.250(B)(2)(b),the Director shall determine and make written findings of fact stating that the use or development satisfies any of the conditions in SVMC 21.50.250(B)(2)(b) and that any public access required is roughly proportional to the impacts caused or the demand created by the proposed use or development. 7. When public access is required or proposed,the following shall apply: a. Mitigation sequencing shall be required to mitigate adverse impacts resulting from the public access. b. Visual access to the shoreline may be established if any vegetation removal is pursuant to SVMC 21.50.260 Shoreline Vegetation Conservation. c. Public access sites shall be connected to the nearest public street or other public access point. d. Future trails on private property,including trail extensions and new access points, shall incorporate enhancement and restoration measures and be contained within a recorded easement. e. Required public access sites shall be fully developed and available for public use at the time of occupancy or use of the project or activity. f. Public and private entities may establish user regulations,including hours of operation,usage by animals or motorized vehicles, and prohibited activities, such as camping, open fires,or skateboarding. Such restrictions may be approved by the Director as part of the permit review process. g. Public access improvements shall include provisions for disabled and physically impaired persons where reasonably feasible. h. Signage associated with public access shall be pursuant to SVMC 21.50.380 Signs and Outdoor Lighting, and SVMC 22.110 Sign Regulations. 21.50.260 Shoreline vegetation conservation. A. Applicability. Vegetation conservation measures are required for all projects that propose vegetation removal. B. Standards. 1. A vegetation management plan shall be submitted for projects that propose to remove either of the following within the shoreline jurisdiction: a. One or more mature native trees greater than 12 inches in diameter at chest height; or City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft Egli b. More than 10 square feet of native shrubs and/or native ground cover at any one time by clearing,grading,cutting,burning,chemical means,or other activities. 2. When required,a vegetation management plan shall contain the following: a. A site plan showing: i. The distribution of existing plant communities in the area proposed for clearing and/or grading; ii. Areas to be preserved; iii. Areas to be cleared; and iv. Trees to be removed. b. A description of the vegetative condition of the site that addresses the following: i. Plant species; ii. Plant density; iii. Any natural or man-made disturbances; iv. Overhanging vegetation; v. The functions served by the existing plant community(e.g.,fish and wildlife habitat values,slope stabilization); and vi. The presence and distribution of noxious weeds. c. A landscape plan showing: i. Proposed landscaping,including the species,distribution, and density of plants; the plan should be pursuant to SVMC 21.50.260(B)(3)(b),if applicable; and ii. Any pathways or non-vegetated portions, and the materials proposed. 3. Projects that propose to remove native vegetation within a shoreline buffer shall meet the following standards: a. The Applicant must demonstrate to the Director's satisfaction that the proposed vegetation removal is consistent with SVMC 21.50.210 No Net Loss and Mitigation Sequencing, and that avoidance is not feasible; b. Vegetation shall be replaced per the following: i. 1:1 area ratio for herbaceous vegetation; ii. 2:1 stem ratio for shrubs and saplings; and iii. 3:1 ratio for trees greater than 12 inches diameter at breast height or 2:1 ratio if tree stock is five years old or greater. For native trees greater than 16 inches diameter at breast height,replacement tree stock shall be at least five years old; c. All removed native plants shall be replaced with native vegetation;removed ornamental plants may be replaced with similar species; and d. Applicant shall submit a vegetation management plan consistent with SVMC 21.50.260(B)(2)that demonstrates compliance with the standards of SVMC 21.50.260(B)(3). 4. A performance surety may be required as a condition of Shoreline Permit approval to ensure compliance with the SMP. The performance surety shall be substantially in the same form and for the same coverage as provided for in the City's Street Standards as adopted or amended. 5. Projects that require a critical areas report pursuant to SVMC 21.50.490 shall incorporate any specific vegetation conservation measures identified in the critical areas reports for the identified critical areas. Any application of pesticides,herbicides,fertilizers,or other chemicals proposed in conjunction with the vegetation removal or management activities shall be addressed by the report. City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 24 C. Minor vegetation conservation activities allowed without a shoreline permit or letter of exemption. 1. Pruning and thinning of trees or vegetation on public or private land for maintenance, safety,forest health, and view protection if the criteria listed below are met: a. No native vegetation is removed,including thinning; b. Pruning of native vegetation shall not exceed 30 percent of a tree's limbs. Tree topping shall not occur; c. Native shrubs shall not be pruned to a height less than six feet; d. Pruning any vegetation waterward of the OHWM is prohibited; and e. Pruning of any vegetation and thinning activities associated with non-native plants shall ensure the continued survival of vegetation. Whenever possible,pruning and thinning activities conducted to maintain or create views shall be limited to areas dominated with non-native vegetation and invasive species. Pruning and thinning on public land to establish a view for adjacent properties shall be prohibited unless written approval from the Washington State Parks Riverside Area Manager is given. 2. Pruning and thinning within a utility corridor by the utility service provider of both native and non-native trees and vegetation shall be allowed when the following criteria are met: a. Reasonable measures to reduce the adverse effects of the activity are implemented; and b. No net loss of buffer functions and values occur. 3. Dead or hazardous trees within the shoreline buffer that pose a threat to public safety or a risk of damage to private or public property may be removed if a letter from a certified arborist or Qualified Professional is submitted that confirms the tree is dead or is hazardous and includes: a. Removal techniques; b. Procedures for protecting the surrounding area; and c. Replacement of native trees,if applicable. Where possible,hazard trees within the shoreline buffer shall be turned into snags. 21.50.270 Water quality, stormwater, and non-point pollution. A. Applicability. This section applies to all projects that add any pollution-generating impervious surfaces. This standard supersedes the regulatory threshold specified in the Spokane Regional Stormwater Manual,which is applicable outside the shoreline jurisdiction. B. Regulations. 1. All activities shall comply with the SVMC 22.150 Stormwater Management Regulations, the Environmental Protection Agency's Underground Injection Control program,the Eastern Washington Phase II Municipal Stormwater Permit requirements, applicable total maximum daily loads laws and regulations,and other water cleanup plans. 2. Use of chemicals for commercial or industrial activities shall be in pursuant to SVMC 21.50.530(C). 3. Herbicides, fungicides,fertilizers,and pesticides shall not be applied within 25 feet of a water body,except by a Qualified Professional in accordance with state and federal laws. 21.50.280 Archaeological and historic resources. A. Applicability. This section applies to: 1. Projects with archaeological and historic resources on site that are either recorded at the Washington State Department of Archeology and Historic Preservation(DAHP),or Spokane County; City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 25 2. Projects where archaeological and historical resources have been inadvertently uncovered; or 3. Permit applications that contain a ground-disturbing component. B. Standards. 1. Archaeological sites are subject to chapter 27.44 RCW Indian Graves and Records and chapter 27.53 RCW Archaeological Sites and Records. Development or uses that may impact such sites shall comply with WAC 25-48 as well as the regulations of this section. 2. A cultural resources site survey or assessment prepared by a Qualified Professional is required for all Shoreline Permit applications that contain a ground-disturbing component if the proposal meets the criteria below,which may be determined through review of Spokane County and/or DAHP resources: a. The project is on property known to contain archaeological,historic,or cultural resources;or b. The project is in an area mapped as having the potential for the presence of archaeological,historic,or cultural resources. 3. When required,the cultural resources site survey or assessment shall: a. Use standard procedures and methods to assess the potential for presence of archaeological,historic,or cultural resources that could be impacted by the project; b. Provide appropriate recommendations for protecting and preserving the archaeological,historical,or cultural resources; c. Make an inventory of buildings or structures over 50 years in age located within the project area in a DAHP Historic Property Inventory Database entry; and d. Record archaeological sites located within the project area on DAHP Archaeological Site Inventory Forms. 4. When required,the cultural resources site survey or assessment shall be circulated to DAHP and affected tribe(s). The Director shall consider comments from DAHP and affected tribe(s)prior to approval of the survey or assessment. Based on the cultural resources site survey or assessment,the application may be conditioned to ensure that such resources are protected. 5. If archaeological,historic,or cultural resources are inadvertently discovered or uncovered during excavation, the Applicant shall immediately stop work on that portion of the project site and notify the City. The Applicant may be required to prepare a cultural resources site survey or assessment pursuant to SVMC 21.50.280(B)(3),after coordinating with DAHP. 21.50.290 Gravel pits. A. Applicability. This section applies to existing and active gravel pit operations including but not limited to known gravel pits located at 2010 North Sullivan Road and 220 North Thierman Road. B. Standards. Active gravel pits are not regulated as Shorelines of the State until reclamation is complete and the Washington State Department of Natural Resources terminates the Surface Mine Reclamation Permit. Proposed subsequent use of mined property shall be consistent with the provisions of the Urban Conservancy Environment unless a different environmental designation is established through an amendment pursuant to WAC 173-26-201. 21.50.300 Specific shoreline use regulations. Applicability. The regulations in SVMC 21.50.300 through 21.50.450 apply to specific common uses and types of development to the extent they occur within the shoreline jurisdiction. City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 26 21.50.310 Boating facilities. A. Applicability. This section applies to new and existing boating facilities. B. Standards. 1. Boating facilities shall: a. Be allowed only for water-dependent uses or for public access; b. Be limited to the minimum size and height necessary to achieve the intended purpose of the facility; and c. Incorporate measures for cleanup of accidental spills of contaminants. 2. Public boating facilities shall be located only at sites identified in the Public Access Plan. 3. All new boating facilities shall incorporate public access when required by the Public Access Plan and SVMC 21.50.250 herein. 4. New launch ramps shall be approved only if public access is provided to public waters which are not adequately served by existing access facilities because of location or capacity. Documentation of need shall be required from the Applicant prior to approval pursuant to SVMC 21.50.250 Public Access. 5. Existing boating facilities may be maintained and repaired pursuant to SVMC 21.50, provided the size is not increased. 6. In addition to the regulations above,boating facilities shall comply with SVMC 21.50.320 Commercial Use, SMVC 21.50.360 Recreational Development and Use, and SVMC 21.50.430 Piers and Docks, as applicable. 21.50.320 Commercial use. A. Applicability. This section applies to all commercial uses. B. Standards. 1. New non water-oriented commercial uses shall be prohibited,except within the Urban Conservancy Environment,where such uses may be permitted if: a. The use is part of a mixed-use project that includes water-dependent uses; and b. Provides a significant public benefit, such as public access or ecological restoration; or The site is physically separated from the shoreline by another parcel or public right-of-way. 2. New commercial uses shall comply with the following criteria: a. Windows,breezeways, and common areas should be oriented towards the shoreline or recreational amenities on the site; b. Buildings should provide at least one main entry that orients toward the shoreline,not including a service entry; c. Architectural features that reduce scale shall be incorporated, such as pitched roofs,offsets,angled facets,and recesses; d. Building surfaces on or adjacent to the water shall employ materials that minimize reflected light; e. Building mechanical equipment,noise generating systems,vents,utility cabinets, and small scale service elements shall be incorporated into building architectural features, such as pitched roofs. Where it is not possible to incorporate into architectural features,a landscaping screen consistent with SVMC 22.70.030(C) shall be utilized; f. Screening and buffering,or other visual screen consistent with the building exterior material and colors, shall be provided that conceals view of such equipment from the shoreline; City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 27 g. Commercial uses shall be screened from any adjacent residential uses by providing a Type I-Full Screening Buffer pursuant to SVMC 22.70 Fencing, Screening, and Landscaping; h. Landscaping within the shoreline setback area shall incorporate native plant materials; i. Loading docks and maintenance facilities shall be located away from the shoreline to minimize visual,noise,or physical impacts on the site, street, adjacent public open spaces,and adjacent properties; and j. A site plan and landscaping plan shall be submitted showing all the applicable items listed in SVMC 21.50.320(B)(2). 3. Commercial wireless communication facilities shall not be allowed within the shoreline jurisdiction. 4. Home occupations shall be allowed within the Shoreline Residential-Upland and Shoreline Residential -Waterfront designations pursuant to SVMC 19.40.140 Home Occupations. 21.50.330 Industrial use. A. Applicability. This section applies to all new Industrial uses,including uses involved in processing,manufacturing,assembly,and storage of fmished or semi-finished goods and food stuffs. B. Standards. 1. New non water-oriented industrial uses shall be prohibited,except within the Urban Conservancy Environment,where such uses may be permitted if the use is part of a mixed-use project that includes water-dependent use and: a. Provides a significant public benefit such as providing public access and ecological restoration; or b. The site is physically separated from the shoreline by another parcel or public right-of-way. 2. Industrial development shall be located,designed,constructed, and operated to avoid visual impacts to users of the Spokane River and Centennial Trail. 3. New industrial uses shall comply with the requirements of SVMC 21.50.320(B)(2) and (3)- 4. Noise associated with operations or equipment,including volume,repetitive sound,or beat,shall be muffled or otherwise controlled so that it is not audible at a distance over 30 feet from the landward boundary of a buffer. 21.50.340 In-stream structures. A. Applicability. This section applies to all projects proposing in-stream structures. B. Standards. 1. In-stream structures shall conform with the requirements of the U.S.Army Corps of Engineers, WDFW, SVMC 21.50.240 Flood Hazard Reduction, SVMC 21.50.270 Water Quality, Stormwater and Non-Point Pollution, SVMC 21.50.410 General Regulations for Specific Shoreline Modifications, and any other applicable federal, state, and local requirements. 2. Permanent in-stream structures shall not impede normal ground and surface water movement. 21.50.350 Parking facilities. A. Applicability. This section applies to all new parking facilities. City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 28 B. Regulations. 1. A parking facility is permitted only if: a. It directly serves a permitted shoreline use,including the Centennial Trail,direct river access, and use areas; and b. It is not the primary use,for example,it cannot be a stand-alone parking facility. 2. Parking facilities serving individual buildings within the shoreline jurisdiction shall be located: a. Landward from the principal building being served; or b. Within or beneath a structure. 3. Parking facilities shall be screened from the shoreline and less intense adjacent land uses by providing a Type I-Full Screening Buffer pursuant to SVMC 22.70.030(B)Fencing, Screening, and Landscaping. A majority of the plant materials proposed to meet the vegetation mix requirements shall be native plants. 4. Parking shall be pursuant to SVMC 22.50 Off-Street Parking and Loading Standards. 5. Private projects,excluding single family residential projects,which include public access features shall dedicate parking stalls for public use that are in addition to the number of parking stalls necessary to serve the proposed development pursuant to SVMC 22.50 Off- Street Parking and Loading Standards: a. Projects shall provide and dedicate additional parking for public use. Applicants shall either use a presumptive standard of one additional space for public parking for every 25 parking spaces required to serve the proposed development or provide an assessment of public access need which supports a different ratio. Any proposal to change from this presumptive standard shall be approved by the Director,which approval shall be based upon the unique factual circumstances of the development and surrounding shoreline uses; b. Spaces that are dedicated for public use shall be marked with appropriate signage; and c. Stalls dedicated for public use shall be near the public access point. 21.50.360 Recreational development and use. A. Applicability. This section applies to public and commercial shoreline recreational facilities and uses,including but not limited to trails,viewing platforms, swimming areas,boating facilities, docks, and piers. B. Standards. 1. Non water-oriented recreation uses are prohibited in Urban Conservation-High Quality Shorelines except limited public uses that have minimal or low impact on shoreline ecological functions,such as the Centennial Trail and appropriately-scaled day use areas. 2. Water-oriented recreational structures,limited to boat launches,ramps,public docks or piers,commercial docks or piers, and private docks serving more than four residences may be allowed waterward of the shoreline buffer and setback. 3. Water-oriented recreational structures,limited to access routes,boat and equipment storage,viewing platforms, amenities such as benches,picnic tables and similar facilities for water enjoyment uses,including those related to the Centennial Trail shall be allowed within the shoreline buffer and setback area provided: a. Structures are located outside of an Urban Conservancy-High Quality area; b. Structures are not located in,on,or over water; and c. Structure height limit is less than 15 feet. 4. All recreational development shall provide: City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 29 a. Non-motorized and pedestrian access to the shoreline pursuant to SVMC 21.50.250 Public Access; b. Landscaping, fencing,or signage designed to prevent trespassing onto adjacent properties; c. Signs indicating public right of access to shoreline areas,installed and maintained in conspicuous locations at the point of access and the entrance; and d. Buffering of such development and uses from incompatible adjacent land uses pursuant to SVMC 22.70.030 Screening and Buffering, and Table 22.70-2 - Buffers Required by Type, as applicable. 5. Recreational development and uses shall be pursuant to SVMC 21.50.310 Boating Facilities, SVMC 21.50.320 Commercial Use, and SVMC 21.50.430 Piers and Docks, as applicable. 21.50.370 Residential development and use. A. Applicability. 1. This section applies to single family and multi-family structures,lots,and parcels. 2. Residential uses also include accessory uses and structures normally associated with residential uses including,but not limited to,garages, sheds,decks,driveways,fences, swimming pools,hot tubs, saunas, and tennis courts. 3. Clearing,grading, and utilities work associated with residential use are subject to the regulations established for those activities. B. Standards. 1. A Shoreline Substantial Development Permit is not required for construction by an owner,lessee,or contract purchaser of a single-family residence,provided,any such construction of a single-family residence and all accessory structures meet the requirements of the SMP. 2. Residential development,including single family structures, shall be required to control erosion during construction. Removal of vegetation shall be minimized and any areas disturbed shall be restored to prevent erosion and other impacts to shoreline ecological functions pursuant to SVMC 21.50.260. 3. New residential development,including accessory uses and structures, shall be sited in a manner to avoid the need for structural improvements that protect such structures and uses from steep slopes and shorelines vulnerable to erosion,including bluff walls and other stabilization structures. 4. New over-water residences and floating homes are prohibited. 5. New single-family residential accessory structures,excluding accessory dwelling units, may be located waterward of the shoreline setback provided that all of the following criteria are met: a. The combined building footprint of all accessory structures does not exceed 10 percent of the lot area; b. Structures are located outside of critical areas,their associated buffers, and the shoreline buffer;and c. Structures are set no closer than five feet to any side or rear property line. 6. New attached or detached accessory dwelling units shall: a. Be located landward of the shoreline buffer and outside of all critical areas and their buffers; b. Be pursuant to SVMC 19.40.100 Accessory Dwelling Unit; and c. Obtain a Shoreline Substantial Development Permit. 7. New residential developments of four or more lots shall comply with the following requirements: City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 30 a. The shoreline buffer shall be shown on the plat and permanently marked on the ground with methods approved by the Director; b. A site plan shall be provided in conjunction with the building permit application showing the project elements described in SVMC 21.50.370(B)(3),and c. Provide a project narrative describing how the project elements are being met. 8. Exterior lighting associated with single-family residences, such as pathway lighting and lighting directed at landscaping features,is permitted within the setback area so long as it is directed away from the shoreline. 9. Recorded plats shall include language that states that pursuant to SVMC 21.50.230,use and development within the defined shoreline buffer area is prohibited. Title notices shall be recorded with each newly created parcel with the restrictive language. 10. New fences shall meet the requirements of SVMC 22.70 Fencing, Screening and Landscaping. 11. Fences are prohibited in the following areas: a. Shoreline buffers, b. Critical areas, and c. Waterward of the OHWM. 21.50.380 Signs and outdoor lighting. A. Applicability. This section applies to any commercial,industrial,or advertising sign directing attention to a business,professional service,community site,facility,or entertainment conducted or sold,and all outdoor lighting,except those associated with residential use and public street lighting. B. Standards. 1. All signs shall comply with SVMC 22.110 Sign Regulations; variances from these regulations may be granted pursuant to SVMC 21.50.140 Shoreline Variances. 2. Signage,including kiosks and directional signage to commercial uses or recreation areas, related to,or along,the Centennial Trail,is allowed without a Shoreline Substantial Development Permit provided: a. Signage is consistent with the SMP,the City's Parks and Recreation Master Plan, and any applicable master plan of Washington State Parks; and b. Signage proposed within a buffer area shall not: i. Exceed 15 square feet in area; ii. Exceed six feet in height; iii. Be illuminated unless warranted by safety factors; and iv. A building permit is obtained,if required. 3. Outdoor lighting shall comply with SVMC 22.60 Outdoor Lighting Standards. 4. New permanent outdoor lighting is prohibited within the shoreline buffer. 5. Pedestrian-oriented lighting along walkways and paths shall be allowed within the shoreline setback area if: a. The purpose of the light is safety; b. Lighting structure height is not greater than 12 feet; and c. Lighting fixtures are downward directed and fully shielded. 6. All outdoor lighting shall be oriented away from the shoreline and adjacent uses using directional lighting or shielding. 21.50.390 Transportation facilities. A. Applicability. This section applies to structures and developments that aid in land,air, and water surface movement of people,goods, and services. They include roads and highways,bridges, City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 31 bikeways,heliports,rail,and other related facilities. Trails are addressed in SVMC 21.50.250 Public Access. B. Standards. 1. New road and bridge construction and expansion of existing roads and bridges shall only be located within the shoreline jurisdiction upon approval by the Director when deemed necessary for the good of the community,or when deemed related to, and necessary to support permitted shoreline activities. 2. When allowed,transportation facilities shall be: a. Consistent with an approved private project or applicable City plans,including the City's Transportation Improvement Plan,Public Access Plan and Restoration Plan; b. Located on the landward side of existing structures or uses; and c. Be designed to minimize clearing,grading, and alteration of natural features. Roadway and driveway alignment should follow natural contours and minimize width. 3. To the extent consistent with federal jurisdiction,new rail lines and corridors or expansion of existing rail lines and corridors shall be allowed only for the purpose of connecting to existing rail lines or rights-of-way. New rail lines,including bridges, shall be constructed within existing rail corridors or rights-of-way. 4. To the extent consistent with federal jurisdiction,new rail lines shall be constructed so that they do not compromise the public's ability to access the shoreline safely. 21.50.400 Public facilities and utilities. A. Applicability. This section applies to all public facilities and utilities. This section does not apply to on-site utility features serving a primary use, such as water, sewer,or gas lines to a development or residence. These utility features are considered"service utilities"and shall be considered part of the primary use. B. Regulations. 1. New public facilities and utilities may only be allowed pursuant to Shoreline Conditional Use permit and if they meet the following conditions: a. Address conflicts with present and planned land and shoreline uses through site design or configuration,buffers, aesthetics,or other methods; and b. Identify the need to site within shoreline jurisdiction and why it is not possible to locate outside of the shoreline jurisdiction. 2. New wastewater and stormwater outfalls shall not be allowed. 3. Routine maintenance,replacement, and minor upgrades of existing utilities shall be allowed;provided that if the activity involves ground disturbance or is located in the Urban Conservancy-High Quality Environment,then such maintenance,replacement and minor upgrades shall only be allowed by Letter of Exemption. If existing high- quality vegetated areas,as noted in the Shoreline Inventory and Analysis,are disturbed by maintenance activities in Urban Conservancy-High Quality designated shorelines, mitigation pursuant to SVMC 21.50.210 No Net Loss and Mitigation Sequencing, shall be required. 4. Transmission facilities for the conveyance of services,such as power lines,cables,and pipelines,should be located outside of the shoreline jurisdiction. 5. New utility corridors shall be prohibited within the Urban Conservation—High Quality Environment. 6. New over-water utility crossings are allowed within existing utility corridors. 7. New or expanded service utilities shall: City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 32 a. Be located underground,unless placement underground results in more damage to the shoreline area; b. Utilize low impact,low profile design,and construction methods; and c. Restore any areas disturbed to pre-project configurations,replant with native species, and maintain until the newly planted area is established. 8. Stormwater pipe systems shall not be allowed within the shoreline buffer. 21.50.410 General regulations for specific shoreline modifications. A. Applicability. SVMC 21.50.410 through 21.50.450 apply to all shoreline modifications. Shoreline modification activities are structures,including in-stream structures,or actions that modify the physical configuration or qualities of the shoreline area. B. General shoreline modification standards. 1. All shoreline modification applications shall also comply with: a. SVMC 21.30 Floodplain Regulations; b. SVMC 24.50 Land Disturbing Activities; and c. Integrated Streambank Protection Guidelines(WDFW,Ecology and Transportation,2003 as adopted or amended). 2. All shoreline modification activities shall ensure that the no net loss of ecological function standard is met. 3. Structural shoreline modifications within the regulated floodplain,geologically hazardous areas, and in-stream shall only be allowed where it can be demonstrated that nonstructural measures are not feasible or the proposed activities are necessary to: a. Support or protect a legally existing shoreline use or primary structure that is in danger of loss or substantial damage; b. Reconfigure the shoreline or channel bed for an allowed water-dependent use; or c. Provide for shoreline mitigation or enhancement purposes. 4. All shoreline modifications within the regulated floodplain and in-stream shall provide the following: a. Site suitability analysis that justifies the proposed structure; b. A Habitat Management Plan prepared by a Qualified Professional that describes: i. The anticipated effects of the project on fish and wildlife habitat and migration areas; ii. Provisions for protecting in-stream resources during construction and operation; and iii. Measures to compensate for impacts to resources that cannot be avoided. c. An engineering analysis which evaluates and addresses: i. The stability of the structure for the required design frequency; ii. Changes in base flood elevation,floodplain width, and flow velocity; iii. The potential for blocking or redirecting the flow which could lead to erosion of other shoreline properties or create an adverse impact to shoreline resources and uses; iv. Methods for maintaining the natural transport of sediment and bedload materials; v. Protection of water quality,public access, and recreation; and vi. Maintenance requirements. 21.50.420 Shoreline/Slope stabilization. A. Applicability. This section applies to shoreline modification activities for shoreline and slope stabilization projects,including structural and nonstructural measures. City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 33 B. Standards. 1. Nonstructural measures are the preferred method for slope and shoreline stabilization. 2. Nonstructural measures may include building setbacks,relocation of the structure to be protected,groundwater management, and planning and regulatory measures to avoid the need for structural stabilization. 3. Structural stabilization measures may include hard surfaces such as concrete bulkheads or less rigid materials, such as vegetation,biotechnical vegetation measures, and riprap-type stabilization. 4. New structural shoreline modifications require a Shoreline Conditional Use Permit. 5. New structural stabilization measures may be allowed under the following circumstances: a. To protect existing primary structures,public facilities and utilities, and the Centennial Trail. Prior to approval, a geotechnical investigation shall: i. Demonstrate that the structure is in danger from shoreline erosion by currents or waves; and ii. Evaluate on-site drainage and address drainage problems away from the shoreline. b. To protect new non water-dependent uses from erosion,when all of the following apply: i. The erosion is not being caused by upland conditions; ii. Nonstructural measures are neither feasible nor sufficient; iii. An engineering or scientific analysis demonstrates that damage is caused by natural processes; and iv. The stabilization structure shall incorporate native vegetation and comply with the mitigation sequencing in SVMC 21.50.210 No Net Loss and Mitigation Sequencing. c. To protect water-dependent development from erosion when all of the following apply: i. The erosion is not being caused by upland conditions; ii. Nonstructural measures are neither feasible nor sufficient; and iii. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. d. To protect restoration and remediation projects when all of the following apply: i. The project is conducted pursuant to chapter 70.105D RCW Model Toxics Control Act; and ii. Nonstructural measures are neither feasible nor sufficient. 6. Unless otherwise exempt from Shoreline Permit requirements,replacement of an existing shoreline stabilization structure may be approved with a Shoreline Substantial Development Permit,provided the structure remains in the same location and the outer dimension changes by 10 percent or less. However,a Shoreline Conditional Use Permit shall be required if existing shoreline stabilization measures are relocated or the outer dimension changes by more than 10 percent. 7. All new or replaced structural shoreline stabilization measures shall provide: a. Design plans showing the limits of construction,access to the construction area, details, and cross sections of the proposed stabilization measure,erosion and sediment controls, and re-vegetation of the project area; and b. An engineered report that addresses the purpose of the repair,engineering assumption,and engineering calculations to size the stabilization measure. 8. A replacement structure shall not encroach waterward of the OHWM,unless all of the following apply: a. For residences occupied or constructed prior to January 1, 1992; City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 34 b. There are overriding safety or environmental concerns;and c. The replacement structure shall abut the existing shoreline stabilization structure. 21.50.430 Piers and docks. A. Applicability. This section applies to the construction or expansion of piers and docks constructed waterward of the OHWM. B. Standards. 1. Piers and docks designed for pleasure craft only, and for the private noncommercial use of the owner,lessee,or contract purchaser of single and multi-family residences, shall require a Letter of Exemption. Any other dock or pier permitted under the SMP requires a Shoreline Substantial Development Permit. 2. Piers and docks serving more than four residences and public or commercial piers and docks shall comply with SVMC 21.50.310 Boating Facilities. Public or commercial piers and docks shall comply with SVMC 21.50.360 Recreational Development and Uses. 3. New piers and docks shall only be allowed for water-dependent uses or public access. A dock associated with a single-family residence and designed and intended as a facility for access to watercraft is a water-dependent use. 4. New piers and docks shall be the minimum size necessary based upon a needs analysis provided by the Applicant. However,the size shall not exceed 55 feet in length measured perpendicularly from the OHWM. Total deck area shall not exceed 320 square feet. 5. The City may require modifications to the configuration of piers and docks to protect navigation,public use,or ecological functions. 6. Wood treated with toxic compounds shall not be used for decking or for in-water components. 7. Existing legally established docks,piers,or viewing platforms may be repaired or replaced in accordance with the regulations of the SMP,provided the size of the existing structure is not increased. 21.50.440 Dredging and fill. A. Applicability. This section applies to shoreline modification activities for projects or uses proposing dredging,dredge material disposal,or fill waterward of the OHWM. B. Regulations. 1. Dredging and dredge material disposal is prohibited unless associated with a comprehensive flood management solution, an environmental cleanup plan, a habitat restoration, fish enhancement project,or when considered suitable under,and conducted in accordance with,the Dredged Material Management Program of the Washington State Department of Natural Resources. These projects require a Shoreline Conditional Use Permit. 2. Fill shall be allowed only when necessary to support the following uses (a Shoreline Conditional Use Permit is required unless stated otherwise): a. Water-dependent uses; b. Public access; c. Cleanup and disposal of contaminated sediments as part of an interagency environmental cleanup plan;these proposals may be exempt from a Shoreline Permit of any type by the Model Toxics Control Act. d. Expansion or alteration of transportation facilities. These proposals shall also demonstrate that alternatives to fill are not feasible and require a Shoreline Substantial Development Permit; City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 35 e. A mitigation action; and f. An environmental restoration or enhancement project. 21.50.450 Shoreline habitat and natural systems enhancement projects. A. Applicability. This section applies to all shoreline habitat and natural system enhancement projects. B. Standards. 1. Shoreline habitat and natural systems enhancement projects are encouraged. These projects shall: a. Obtain a Shoreline Substantial Development Permit or a Letter of Exemption; b. Demonstrate that the main project purpose is enhancing or restoring the shoreline natural character and ecological functions by establishing the restoration needs and priorities;and c. Implement the restoration plan developed pursuant to WAC 173-26-201(2)(f) and with applicable federal and state permit provisions. 21.50.460 General- Shoreline critical areas regulations-Applicability. A. SVMC 21.50.460 through 21.50.560 apply to critical areas and their buffers that are completely within the shoreline jurisdiction as well as critical areas and their buffers located within,but extending beyond the mapped shoreline jurisdiction boundary. Regulated critical areas include: wetlands,Critical Aquifer Recharge Areas(CARAs),Fish and Wildlife Habitat Conservation Areas(FWHCAs),geologically hazardous areas,and frequently flooded areas,pursuant to WAC 173-26-221(2)and(3),and WAC 365-196-485. B. This section applies to all uses, activities,and structures within the shoreline jurisdiction of the City,whether or not a shoreline permit or other authorization is required. No person,company, agency,or other entity shall alter a critical area or its associated buffer within the shoreline jurisdiction except as consistent with the purposes and requirements of the SMP. 21.50.470 Maps and inventories. A. The approximate location and extent of known critical areas are depicted on the Critical Areas and Priority Habitats Map updated and maintained by the Community Development Department. The Critical Areas and Priority Habitats Map is a reference tool,not an official designation or delineation. The exact location of a critical area boundary shall be determined through field investigation by a Qualified Professional. B. In addition to the Critical Areas and Priority Habitats Map, City staff may review additional reference materials to determine whether a proposed development has the potential to affect a critical area within the shoreline jurisdiction. Reference materials may include,but are not limited to the following as adopted or amended: 1. Natural Resources Conservation Service (NRCS) Soil Survey for Spokane County, Washington,2012; 2. USGS 7.5 Minute Series Digital Elevation Model; 3. FEMA Flood Insurance Rate Maps for Spokane County,Washington and Incorporated Areas,July 6,2010; 4. USFWS National Wetlands Inventory; 5. Aerial photos; 6. WDFW Priority Habitats and Species and Wildlife Heritage Maps and Data; and 7. City critical area designation maps. City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 36 21.50.480 Exemptions from critical area review and reporting requirements. A. Activities exempt from critical area review and reporting requirements shall ensure no net loss of shoreline ecological functions pursuant to SVMC 21.50.210. Exempt activities shall be conducted consistent with performance standards identified in SVMC 21.50.180 through 21.50.450,including mitigation sequencing. B. Any incidental damage to or alteration of a critical area or their buffers resulting from exempt activities shall be restored,rehabilitated,or replaced at the expense of the responsible party within one growing season. C. The following activities are exempt from critical area review and reporting requirements: 1. Conservation or enhancement of native vegetation. 2. Outdoor recreational activities which do not involve disturbance of the resource or site area,including fishing,hunting,bird watching,hiking,horseback riding,bicycling, and natural trail use. 3. Education,scientific research, and surveying. 4. Normal and routine maintenance and repair of: a. Legally constructed irrigation and drainage ditches,utility lines, and appurtenances; and b. Facilities within an existing right-of-way and existing serviceable structures or improved areas,not including expansion,change in character or scope,or construction of a maintenance road. c. State or City parks,including noxious weed control and removal of hazard trees where the potential for harm to humans exists. 5. Emergency construction necessary to protect property from damage by the elements. 6. Routine maintenance,repair, and minor modifications (such as construction of a balcony or second story)of existing structures where the modification does not extend the structure further into or adversely impact the functions of the critical area. 7. In Category III or IV wetlands only,stormwater dispersion outfalls and bioinfiltration swales located within the outer 25 percent of the buffer provided that no other location is feasible. 21.50.490 Critical area review. A. All clearing,uses,modifications,or development activities within a shoreline critical area or its buffer shall be subject to review under SVMC 21.50 unless specifically exempted under SVMC 21.50.480. B. Applicant shall identify in the application materials the presence of any known or suspected critical areas on or within 200 feet of the property line. C. If the proposed project is within or adjacent to a critical area,or is likely to create a net loss of shoreline ecological functions necessary to sustain a critical area,the City shall: 1. Require and review a critical area report for each applicable critical area; and 2. Determine if the proposed project adequately addresses and mitigates impacts to the critical area and is consistent with the requirements of the SMP. 21.50.500 Critical area report requirements for all critical areas. A. When required by SVMC 21.50.490(C),the Applicant shall submit a critical area report subject to the requirements of this section and any additional reporting requirements for each critical area, as applicable. City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 37 B. Critical area reports for two or more types of critical areas shall meet the report requirements for each relevant type of critical area. C. All critical area assessments,investigations,and reports shall be completed by a Qualified Professional. D. At a minimum, all critical area reports shall contain the following: 1. The name and contact information of the Applicant,a description of the proposal,and identification of the permit(s)requested; 2. The dates,names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site; 3. A statement from the Qualified Professional certifying that the report meets the critical area requirements; 4. A description of the nature,density, and intensity of the proposed use or activity in sufficient detail to allow analysis of such proposal upon identified critical area; 5. List of all references used and all assumptions made and relied upon; 6. A scaled site plan showing: a. Critical areas and their buffers; b. Ordinary high ordinary mark; c. Proposed and existing structures and related infrastructure; d. Clearing and grading limits; e. Impervious surfaces; f. Location of temporary and/or permanent construction signage and fencing to protect critical areas and their buffers; g. Topographic contours at two foot intervals; h. Fill and material storage locations; i. Proposed and existing drainage facilities and stormwater flow arrows; and j. Title, date,scale,north arrow, and legend; 7. Identification and characterization of all critical areas,water bodies,and critical areas associated with buffers located on-site, adjacent to,and within 200 feet of proposed project areas. If buffers for two contiguous critical areas overlap(such as buffers for a stream and a wetland),the wider buffer shall apply; 8. A mitigation plan which contains a description of the application of mitigation sequencing and offsetting of impacts pursuant to SVMC 21.50.210 No Net Loss and Mitigation Sequencing; 9. Erosion and sediment control plan and drainage plan, as applicable for conformance with SVMC 24.50; 10. Cost estimate for required mitigation when a financial surety is required pursuant to SVMC 21.50.510; 11. A discussion of the performance standards applicable to the critical area and proposed activity; and 12. Monitoring plan pursuant to SVMC 21.50.510(D)when mitigation is required. E. The Director may modify the required contents or the scope of the required critical area report to adequately evaluate the potential impacts and required mitigation. This may include requiring more or less information and addressing only that part of a site affected by a development proposal. 21.50.510 Mitigation. A. Applicants shall follow the mitigation sequencing put forth in SVMC 21.50.210 No Net Loss Mitigation and Sequencing. City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 38 B. All impacts to critical areas and their buffers likely to result in a net loss of shoreline ecological functions necessary to sustain the critical area shall be mitigated. C. Unless specifically addressed in specific critical area sections,compensatory mitigation may be provided by any of the following means,in order of preference: 1. Except as provided in SVMC 21.50.510(C)(2)(a),adverse critical area impacts shall be mitigated on or contiguous to the development site through resource expansion, enhancement,protection,or restoration. 2. Off-site mitigation. a. Off-site mitigation may be allowed if an Applicant demonstrates that mitigation on or contiguous to the development proposal site cannot be achieved and that off-site mitigation will achieve equivalent or greater ecological functions. b. When off-site mitigation is authorized,priority shall be given to the following locations within the same drainage sub-basin as the project site: i. Mitigation banking sites and resource mitigation reserves. ii. Private mitigation sites that are established in compliance with the requirements of SVMC 21.50.510(C)(2)and approved by the Director. iii. Offsite mitigation consistent with Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Publication#10-06- 07, Olympia,WA,November 2010 as adopted or amended). c. The Director shall maintain a list of known sites available for use for off-site mitigation projects. 3. Title notices shall be recorded against the affected parcels for on-site mitigation,and easements shall be recorded for off-site mitigation,to avoid impacts from future development or alteration to the function of the mitigation. The mitigation site shall be permanently preserved. D. Monitoring. 1. The Applicant shall monitor the performance of any required mitigation and submit performance monitoring reports, as specified in the applicable permit conditions. 2. When required, the monitoring plan shall: a. Demonstrate compliance with the provisions of the SMP and specific permits and approvals; b. Describe the objectives and methods for monitoring and quantifying; c. Provide results with an estimate of statistical precision; d. Identify the length of monitoring and reporting requirements; e. Recommend management actions based upon the monitoring results; and f. Address the length of the mitigation consistent with the following: i. Mitigation monitoring shall be required for a minimum of two years for temporary impact restoration and five years for compensatory mitigation; and ii. If the mitigation objectives are not obtained within the initial monitoring period,the Applicant shall remain responsible for restoration of the natural values and functions until the mitigation goals agreed to in the mitigation plan are achieved. E. Sureties. 1. Performance and maintenance sureties shall be required from all private persons and entities required to provide mitigation and a maintenance plan. City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 39 2. The performance surety shall be in substantially the same form as provided for in the City's Street Standards as adopted or amended. 3. A performance surety shall be submitted prior to issuance of a Shoreline Substantial Development, Conditional Use Permit,or Grading Permit. The surety shall include costs to cover for construction and vegetation, annual maintenance for a five-year period, and a 25 percent contingency fee. 4. The performance surety shall be released when the following conditions have been met: a. The installation of the required mitigation is approved by the City;and b. The Applicant has submitted a warranty surety pursuant to SVMC 21.50.510(E)(5). 5. All projects with required mitigation shall submit a warranty surety to ensure the success of the mitigation project before certificate of occupancy, final plat approval,or as required by the City. The warranty surety shall be for 40 percent of the total mitigation construction and planting costs and annual maintenance/monitoring for five-years, including but not limited to: costs for the maintenance and replacement of dead or dying plant materials; failures due to site preparation,plant materials,construction materials; installation oversight,monitoring,reporting, and contingency actions expected through the end of the required monitoring period. 6. The warranty surety shall remain in effect for five years from the release of the performance surety or a timeframe as otherwise determined by the Director. The Applicant shall have a Qualified Professional inspect the mitigation site within 30 days of the expiration of the warranty. Any deficiencies noted shall be repaired prior to the release of the surety. If the inspection is not conducted and/or the deficiencies are not repaired,the warranty surety shall be renewed by the Applicant until all deficiencies are corrected. The City shall conduct an inspection prior to releasing the warranty surety. 7. If any deficiencies identified while the warranty surety is in effect are not corrected in the time frame specified by the Director,the City may choose to conduct the necessary repairs. The City shall then either invoice the Applicant or collect from the surety for all costs for the related work,plus a$500 administrative fee. F. The Director may approve alternative mitigation provided such mitigation is based on the most current, accurate,and complete scientific or technical information available and provides an equivalent or better level of protection of shoreline ecological functions than would be provided by the strict application of the SVMC 21.50. The Director shall consider the following for approval of an alternative mitigation proposal: 1. The Applicant proposes creating or enhancing a larger system of natural areas and open space in lieu of preserving many individual habitat areas. 2. There is clear potential for success of the proposed mitigation at the proposed site. 3. The approved plan contains clear and measurable standards for achieving compliance with the specific provisions of the plan. 21.50.520 Wetlands- Shoreline Critical Area Regulations. A. Applicability. This section applies to all uses, activities, and structures within or adjacent to wetlands,unless specifically exempted by SVMC 21.50.480 B. Designation,delineation,and classification. 1. Wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include,but are not limited to, swamps,marshes,bogs,ponds, and City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 40 similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites,including,but not limited to,irrigation and drainage ditches, grass-lined swales,canals,detention facilities,wastewater treatment facilities,and landscape amenities,or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction or a road, street,or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. 2. Identification of wetlands and delineation of their boundaries shall be determined through a field investigation by a Qualified Professional in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual and the Regional Supplement to The Corps of Engineers Wetland Delineation Manual: Arid West Region (September 2008). Wetland delineations are valid for five years, after which the City shall determine whether a revision or additional assessment is necessary. 3. Classification. Wetlands shall be rated by a Qualified Professional according to the Ecology wetland rating system as set forth in the Washington State Wetland Rating System for Eastern Washington(Ecology Publication#04-06-015,November 2010 as adopted or amended). The wetland categories are generally defined as follows: a. Category I(scores of 70 points or more): Wetlands that perform many functions very well. These wetlands are those that: i. Represent a unique or rare wetland type; ii. Are more sensitive to disturbance than most wetlands; iii. Are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or iv. Provide a high level of function. b. Category II(scores between 51-69 points): Forested wetlands in the floodplains of rivers or wetlands that perform functions well. c. Category III(scores between 30-50 points): Wetlands that have a moderate level of functions. These wetlands have been disturbed in some way and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. d. Category IV (scores fewer than 30 points): These wetlands have the lowest level of functions and are often heavily disturbed but have important functions that need to be protected. 4. Wetland rating categories shall not change due to any illegal modifications. C. Wetland buffers. 1. Applicability. These buffer provisions apply to all wetlands except isolated Category III and IV wetlands less than 1,000 square feet that: a. Are not associated with riparian areas or buffers; b. Do not contain habitat identified as essential for local populations of priority species identified by WDFW or Natural Heritage plant species identified by the WDNR; c. Are not a vernal pool; d. Are not an alkali wetland; and e. Do not contain aspen stands. 2. Except as otherwise specified or allowed in SVMC 21.50.520(C)(1), wetland buffers shall be retained in an undisturbed or enhanced condition. 3. Buffer widths. a. All buffers widths shall be measured perpendicularly from the wetland boundary as surveyed in the field. City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 41 b. The total buffer width shall be calculated by adding the standard and the additional buffer widths together. c. The standard buffer widths in Table 21.50-4 are based on the category of wetland. In order to qualify for the standard buffer widths in Table 1,the measures in Table 21.50-5 shall be implemented,where applicable,to minimize the impacts of the adjacent land uses on the wetland(s). d. Additional buffer widths listed in Table 1 shall be added to the standard buffer widths based on the habitat score for the wetland. Table 21.50-4: Wetland Buffer Requirements Additional Buffer Additional Buffer Additional Buffer Wetland Standard Buffer Width if Wetland Width if Wetland Width if Wetland Category Width Scores 21-25 Scores 26-29 Scores>30 Habitat Points Habitat Points Habitat Points Category I 100 feet Add 15 feet Add 45 feet Add 75 feet Category II 75 feet Add 15 feet Add 45 feet Add 75 feet Category III 60 feet Add 30 feet Add 60 feet N/A Category IV 40 feet N/A N/A N/A 4. Increased buffer widths. a. If measures listed in Table 21.50-5 are not implemented,then the standard buffer widths in Table 21.50-4 shall be increased by 33 percent. b. Buffer widths may be increased on a case-by-case basis when the wetland is used by a plant or animal species listed by the federal government or the state as endangered,threatened,candidate, sensitive,monitored,or documented priority species or habitats,or essential or outstanding habitat for those species or has unusual nesting or resting sites. The buffer increase should be determined by the Qualified Professional in the critical areas report. Table 21.50-5: Required Measures to Minimize Impacts to Wetlands Disturbance Required Measures to Minimize Impacts Lights • Direct lights away from wetland Noise • Locate activity that generates noise away from wetland • If warranted,enhance existing buffer with native vegetation plantings adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise,such as certain heavy industry or mining,establish an additional 10 foot heavily vegetated buffer strip immediately adjacent to the outer wetland buffer Chemical Use • Establish covenants limiting use of pesticides within 150 feet of wetland • Apply integrated pest management City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 42 Disturbance Required Measures to Minimize Impacts Stormwater runoff • Route all untreated runoff away from wetland while ensuring wetland is not dewatered • Retrofit substandard stormwater facilities • Prevent channelized flow that directly enters the buffer • Infiltrate or treat,detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance • Use privacy fencing or plant dense,thorny vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for this area Dust • Use best management practices to control dust Disruption of corridors or • Maintain connections to off-site areas that are undisturbed connections • Restore corridors or connections to off-site habitats by Vegetation alteration • Protect and maintain native plant communities in buffers. 5. Buffer averaging. a. Buffer averaging to improve wetland protection may be allowed when all of the following conditions are met: i. The wetland has significant differences in characteristics that affect its habitat functions and the buffer is increased adjacent to the higher functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower functioning or less sensitive portion; ii. The total area of the buffer after averaging is equal to the area required without averaging; and iii. The buffer at its narrowest point is not less than either 75 percent of the required width or 75 feet for Category I and II, 50 feet for Category III and 30 feet for Category IV,whichever is greater. b. Buffer averaging to allow reasonable use of a parcel may be allowed when all of the following are met: i. There are no feasible alternatives to the site design that could be accomplished without buffer averaging; ii. The averaged buffer will not result in degradation of the wetland's functions and values as demonstrated by a critical areas report; iii. The total buffer area after averaging is equal or greater to the area required without averaging; and iv. The buffer at its narrowest point is not less than either 75 percent of the required width or 75 feet for Category I and II, 50 feet for Category III and 30 feet for Category IV,whichever is greater. 6. Signs and fencing. a. Temporary. i. The outer perimeter of wetland buffers and the clearing limits shall be signed and fenced to ensure that no unauthorized intrusion will occur during construction. City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 43 ii. Temporary signs and fencing shall be placed prior to beginning permitted activities and maintained throughout construction. b. Permanent. i. The Director, at his/her sole discretion,may require installation of permanent signs and/or fencing along the boundary of a wetland or buffer. ii. Permanent signs shall be made of an enamel-coated metal face and attached to a metal post or another non-treated material of equal durability. Signs,if required by the Director,shall be posted at an interval not less than one per lot,and which shall be maintained in perpetuity by the property owner. The obligation to maintain permanent signs shall be recorded against the property in a form acceptable to the City. iii. The signs shall be worded as follows or with alternative language approved by the Director: Protected Wetland Area Do Not Disturb Contact the City of Spokane Valley Community Development Department Regarding Uses,Restrictions, and Opportunities for Stewardship iv. Permanent fence shall be installed and maintained around the wetland buffer when domestic grazing animals are present or may be introduced on site. v. Fencing shall be constructed and maintained in a manner that minimizes impacts to the wetland and associated habitat and designed so as to not interfere with species migration,including fish runs. D. Mitigation. 1. Mitigation ratios. a. Impacts resulting from alteration to wetlands shall be mitigated using the ratios specified in Table 21.50-6 below: Table 21.50-6: Wetland Mitigation Ratios' Wetland Creation or Category Re-establishment Rehabilitation Enhancement Category I 4:1 8:1 16:1 Category II 3:1 6:1 12:1 Category III 2:1 4:1 8:1 Category IV 1.5:1 3:1 6:1 'Refer to Wetland Mitigation in Washington State,Part 1: Agency Policies and Guidance,(Ecology Publication#06-06-011a,March 2006), for further information on wetland creation,re-establishment,rehabilitation,and enhancement. b. Impacts to buffers shall be mitigated at a 1:1 ratio. Only fully vegetated buffer areas will be included in mitigation calculations. Lawns,walkways,driveways, and other mowed or paved areas shall be excluded from buffer area calculations. City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 44 c. Credit/Debit Method. As an alternative to the mitigation ratios provided in Table 21.50-6,the Director may allow mitigation based on the "credit/debit"method developed by the Ecology in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington: Final Report(Ecology Publication#11-06-015,August 2012, as adopted or amended). 2. Wetland mitigation banks. a. Credits from a wetland mitigation bank may be approved as off-site mitigation for unavoidable impacts to wetlands when: i. The bank program is certified under state rules; ii. The Director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and iii. The proposed use of credits is consistent with the terms and conditions of the certified bank instrument. b. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the certified bank instrument. c. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the certified bank instrument. In some cases,the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions. d. When applying for a wetland mitigation bank,the Applicant shall prepare a Wetland Mitigation Credit Use Plan that documents consistency with these criteria and shows how the identified wetland type and associated functions will be compensated for by purchase of the credits. 3. Design. a. Design of wetland mitigation projects shall be appropriate for its landscape position. Compensatory mitigation shall result in the creation,restoration,or enhancement of a wetland that matches the geomorphic setting of the site. b. The design of a wetland that has a different Cowardin or hydrogeomorphic classification than the impacted wetland may be justified if supported by a demonstrated need for,or scarcity of,the wetland type being designed. 4. Timing. a. Compensatory mitigation is encouraged to be completed prior to activities that will disturb wetlands. b. Compensatory mitigation shall be completed no later than immediately following disturbance and prior to use or occupancy of the action or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries,wildlife, and flora. c. The Director may authorize a one-time delay of mitigation when the Applicant provides a compelling written rationale for the delay with recommendations from a qualified wetland professional if the delay shall not: i. Create or perpetuate hazardous conditions; ii. Create environmental damage or degradation; or iii. Be injurious to the health, safety,or general welfare of the public. E. Additional critical area report requirements for wetlands. 1. In addition to the critical area report requirements in SVMC 21.50.500,wetland reports shall include: a. Documentation of any fieldwork performed on the site,including but not limited to field data sheets for delineations,function assessments,ratings,or baseline hydrologic data; City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 45 b. A description of the methodologies used to conduct the wetland delineations, function assessments,or impact analyses including references; c. For each wetland identified on site,adjacent to and within 200 feet of the project site,provide: i. Required buffers; ii. A professional survey from the field delineation that identifies: (1) Wetland rating; (2) Hydrogeomorphic classification; (3) Cowardin classification of vegetation communities; (4) Onsite wetland acreage, and (5) Ecological function of the wetland and buffer. Note: The above shall be based on entire wetland complexes,not only the portion present on the proposed project site. iii. Estimates of acreage and boundary for the entire wetland area where portions of the wetland extend off-site; iv. Description of habitat elements; v. Soil conditions based on site assessment and/or soil survey information; and vi. The following information shall be provided to the extent possible: (1) Hydrologic information such as location and condition of inlet/outlets(if they can be legally accessed); (2) Estimated water depths within the wetland; and (3) Estimated hydroperiod patterns based on visual cues(e.g.,algal mats,drift lines, flood debris,etc.); d. A description of the proposed actions and survey and an analysis of site development alternatives,including a no-development alternative; e. An assessment of the probable impacts to the wetlands and buffers resulting from the proposed development,including: i. An estimation of acreages of impacts to wetlands and buffers based on the field delineation; ii. Impacts associated with anticipated hydroperiod alterations from the project; and iii. Impacted wetland functions; f. A description of how mitigation sequencing was applied pursuant to SVMC 21.50.210 No Net Loss and Mitigation Sequencing; g. A discussion of mitigation measures,proposed to preserve existing wetlands and restore any wetlands that were degraded by the current proposed land-use activity; h. Methods to protect and enhance on-site habitat and wetland functions; i. A site plan,drawn to scale,with the following information: i. Delineated wetland(s)and required buffer(s) for on-site wetlands as well as off-site critical areas that extend onto the project site; ii. Areas of proposed impacts to wetlands and/or buffers(include square footage estimates); iii. Proposed stormwater management facilities and outlets for the development,including estimated areas of intrusion into the buffers of any critical areas; and j. A mitigation plan,if required. 21.50.530 Critical aquifer recharge areas- Shoreline critical area regulations. City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 46 A. Applicability. This section applies to the following developments and uses when proposed within designated CARAs: 1. Underground and aboveground storage tanks; 2. Vehicle repair and service uses,including automobile washers; 3. Chemical treatment, storage, and disposal facilities; 4. Hazardous waste generating uses; 5. Injection wells,not including Class V or injection wells for stormwater management; 6. Junk and salvage yards; 7. On-site sewage systems; 8. Solid waste handling and recycling facilities; 9. Surface mines; 10. Uses of hazardous substances,other than household chemicals for domestic applications; 11. Projects having the potential to adversely impact groundwater;and 12. Work within a wellhead protection area. B. Designation and classification. 1. CARAs are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2). CARAs have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. 2. Aquifer recharge areas are rated as having a high,moderate,or low susceptibility based on a scientific analysis of soils,hydraulic conductivity, annual rainfall,the depth to aquifers,the importance of the vadose zone, and wellhead protection information. The entire shoreline jurisdiction,as well as the entire City,is identified as a high susceptibility CARA. C. Performance standards. The uses listed in Table 21.50-7 shall be conditioned as necessary to protect CARAs in accordance with the applicable state and federal regulations. Table 21.50-7: Statutes,Regulations, and Guidance Pertaining to Ground Water Impacting Activities Activity Statute—Regulation—Guidance Above Ground Storage Tanks WAC 173-303-640 WAC 173-216;Best Management Practices Manual for Vehicle and Equipment Washwater Automobile Washers Discharges(WQ-R-95-056) Below Ground Storage Tanks WAC 173-360 Chemical Treatment Storage and Disposal Facilities WAC 173-303-300 Hazardous Waste Generator(Boat Repair Shops, Biological Research Facility,Dry Cleaners, Furniture Stripping,Motor Vehicle Service Garages,Photographic Processing,Printing and Publishing Shops,etc.) WAC 173-303-300 Injection Wells 40 CFR Parts 144 and 146;WAC 173-218 Vehicle and Metal Recycles—A Guide for Implementing the Industrial Stormwater General Junk Yards and Salvage Yards NPDES Permit Requirements(94-146) On-Site Sewage Systems (Large Scale) WAC 246-272B City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 47 Activity Statute—Regulation—Guidance On-Site Sewage Systems (< 14,500 gal/day) WAC 246-272A,Local Health Ordinances Solid Waste Handling and Recycling Facilities WAC 173-304 Surface Mining WAC 332-18 Additional performance standards for storage tanks that store hazardous substances or waste. All storage tanks shall: 1. Comply with Title 24 SVMC Building Code and fire department requirements; 2. Use material in the construction or lining of the tank that is compatible with the substance to be stored; 3. Not allow the release of a hazardous substance to the ground,groundwater,or surface water; 4. Prevent releases due to corrosion or structural failure for the operational life of the tank; and 5. Be protected against corrosion and constructed of noncorrosive material or steel clad with a noncorrosive material. D. All new underground storage tanks shall include a built-in secondary containment system that prevents the release or threatened release of any stored substances. E. All new aboveground storage tanks shall include a secondary containment structure and meet either of the criteria below: 1. If the secondary containment is built into the tank structure,the tank shall be placed over a sealed impervious pad surrounded with a dike. The impervious pad/dike shall be sized to contain the 10-year storm if exposed to the weather; or 2. If the tank is single walled,the tank shall be placed over a sealed impervious pad surrounded with a dike. The impervious pad/dike shall have the capacity to contain 110 percent of the largest tank plus the 10-year storm if exposed to the weather. F. Additional performance standards for vehicle repair and servicing. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. G. Additional standards for chemical storage. 1. All chemicals used shall be stored in a manner that protects them from weather. Secondary containment shall be provided. On-site disposal of any critical material or hazardous waste shall be prohibited. 2. All developments and uses shall provide a narrative and plan to show how development complies with the regulations and performance standards in SVMC 21.50.530(C-F),or prepare a hydrogeological assessment in accordance with SVMC 21.50.530(H). 3. Proposed developments and uses that are unable to satisfy the performance standards in SVMC 21.50.530(C-F), shall submit a hydrogeological assessment report. H. hi addition to the critical area report requirements in SVMC 21.50.500,hydrogeological assessments shall include: 1. Available geologic and hydrogeological characteristics of the site,including ground water depth, flow direction,gradient, and permeability of the unsaturated zone; 2. Discussion of the effects of the proposed project on groundwater quality and quantity; 3. A spill plan that identifies equipment and/or structures that could fail,resulting in an impact. Spill plans shall include provisions for regular inspection,repair,replacement of City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 48 structures and equipment that could fail,and mitigation and cleanup in the event of a spill; and 4. Best management practices proposed to be utilized. 21.50.540 Fish and wildlife habitat conservation areas- Shoreline critical area regulations. A. Applicability. This section applies to all uses, activities, and structures within designated FWHCAs. B. Designation. 1. The shoreline buffer as mapped by the City,which protects riparian habitat, and the waters and land underneath the Spokane River are FWHCAs. The City protects shoreline functions of these through the Shoreline Buffer established in SVMC 21.50.230 and the vegetation conservation standards in SVMC 21.50.260. 2. Additionally, all areas meeting one or more of the following criteria,regardless of any formal identification, are hereby designated FWHCAs: a. Areas where state or federal designated endangered,threatened,or sensitive species have a primary association; b. State priority habitats and areas associated with state priority species,as identified by the WSDFW and are updated periodically; and c. State natural area preserves and natural resource conservation areas. Natural area preserves and natural resource conservation areas are defined,established, and managed by WDNR. C. Performance standards. All development and uses shall be prohibited within FWHCAs designated in SVMC 21.50.540(B)(2),except in accordance with this section. Buffers shall be required only for FWHCAs described under SVMC 21.50.540(B)(2),excluding Priority Habitats. Buffer requirements shall be based on the recommendations of the FWHCA critical area report. Buffers shall not exceed 100 horizontal feet from the edge of the FWHCA. 1. General. a. A FWHCA may be altered only if the proposed alteration of the habitat or the mitigation proposed does not create a net loss of the quantitative and qualitative shoreline ecological functions necessary to sustain the FWHCA. b. No plant,wildlife,or fish species not indigenous to the region shall be introduced into a FWHCA unless authorized by a state or federal permit or approval. c. Contiguous functioning habitat corridors are preferred to minimize the isolating effects of development on habitat areas. d. Vegetation. i. Vegetation shall be maintained in its natural state and shall be disturbed only as minimally necessary for the development; and ii. Riparian vegetation shall not be removed unless there are no other alternatives available. When it is necessary,only those areas of vegetation that are absolutely unavoidable may be cleared, and shall be re-vegetated with natural riparian vegetation as soon as possible. e. The subdivision and short subdivision of land shall comply with the following provisions: i. Land that is located wholly within a FWHCA or its buffer may not be subdivided; ii. Land that is located partially within a FWHCA or its buffer may be divided provided that an accessible and contiguous portion of each new lot is located outside of the habitat conservation area or its buffer; and City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 49 iii. Access roads and utilities serving the proposal may be permitted within the FWHCA and associated buffers only if the City determines that no other feasible alternative exists and when consistent with the SMP. f. The project may be conditioned to minimize or mitigate any potential adverse impacts. Conditions may include,but are not limited to,the following: i. Establishment of buffer zones; ii. Preservation of critically important vegetation,including requirements for re-vegetation of disturbed areas with native plants; iii. Vegetation screenings to reduce the potential for harassment from people and/or domesticated animals; iv. Limitation of access to the habitat area during critical times of the year; v. Fencing to protect wildlife and deter unauthorized access; vi. Dedication of all or part of the required open space to fish and wildlife habitat conservation; and vii. Seasonal restriction of construction activities. 2. FWHCAs with endangered,threatened,or sensitive species. a. No development shall be allowed within a FWHCA or buffer where state or federal endangered,threatened, or sensitive species have a primary association without state and federal consultation and approval from WDFW and US Fish and Wildlife Service (USFWS),respectively. b. Approval for alteration of land or activities adjacent to a FWHCA having a primary association with state or federally endangered,threatened,or sensitive species shall not occur prior to consultation with the WDFW. c. Bald eagle habitat shall be protected consistent with: i. WAC 232-12-292,Washington State Bald Eagle Protection Rules; and ii. The Bald and Golden Eagle Protection Act,which may require a permit obtained from the USFWS. D. Mitigation,maintenance, and monitoring for FWHCAs designated in SVMC 21.50.540(B)(2). 1. Mitigation sites shall be located: a. Preferably to achieve contiguous functioning habitat corridors that minimize the isolating effects of development on habitat areas; and b. Within the same aquatic ecosystem as the FWHCA disturbed. 2. Where necessary, a permanent means of irrigation shall be installed for the mitigation plantings. The design shall meet the specific needs of riparian and shrub steppe vegetation and be prepared by a Qualified Professional and/or landscape architect. 3. Mitigation shall be installed no later than the next growing season after completion of site improvements,unless otherwise approved by the Director. 4. Mitigation sites shall be maintained to ensure that the mitigation and management plan objectives are successful. 5. Maintenance shall include corrective actions to rectify problems,include rigorous, as- needed elimination of undesirable plants,protection of shrubs and small trees from competition by grasses and herbaceous plants, and repair and replacement of any dead plants. 6. Planting areas shall be maintained so they have less than 20 percent total non- native/invasive plant cover consisting of exotic and/or invasive species. Exotic and invasive species include any species on the state noxious weed list,or considered a noxious or problem weed by the Natural Conservation Services Department or local conservation district. 7. The Applicant shall monitor the performance of any required mitigation and submit performance monitoring reports to the City consistent with the following: City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 50 a. Mitigation sites shall be monitored for five years. b. Monitoring reports shall be submitted by a Qualified Professional: i. One year after mitigation installation; ii. Three years after mitigation installation; and iii. Five years after mitigation installation. c. The Qualified Professional shall verify whether the conditions of approval and provisions in the fish and wildlife management and mitigation plan have been satisfied. d. Mitigation planting survival shall be 100 percent for the first year, and 80 percent for each of the four years following. E. Additional critical area report requirements for FWHCAs designated in SVMC 21.50.540(B)(2). 1. Report Contents. In addition to the critical area report requirements in SVMC 21.50.500, FWHCA reports shall include: a. Habitat assessment,including: i. Detailed description of vegetation on and adjacent to the project area; ii. Identification of any species of local importance,priority habitats and species,or endangered,threatened, sensitive,or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species; iii. A discussion of any federal, state,or local special management recommendations,including WDFW habitat management recommendations,that have been developed for species or habitats located on or adjacent to the project area; iv. A discussion of measures,including mitigation sequencing,proposed to preserve existing habitats or restore any habitat that was degraded prior to the current proposed land use activity; and v. A discussion of ongoing management practices that will protect habitat after the project site has been developed,including proposed monitoring and maintenance programs. 2. Any proposal in a FWHCA or within 1,320 feet from a priority species den or nest site that the Director(in consultation with the WDFW)determines is likely to have an adverse impact on a FWHCA or associated species shall provide a Habitat Management Plan,including: a. A plan,drawn to scale,that identifies: i. The location of the proposed site; ii. The relationship of the site to surrounding topographic and built elements; iii. The nature and intensity of the proposed use or activity; iv. Proposed improvement(s)locations and arrangements; v. The location of the OHWM, shoreline jurisdiction, and riparian habitat area boundary lines; vi. The legal description and the total acreage of the parcel; vii. Existing structures and landscape features including the name and location of each; and viii. The location of priority habitat types or priority species point locations within 1,320 feet of the proposal; b. An analysis of the impact of the proposed use or activity upon FWHCAs or associated species and riparian habitat area; c. A mitigation plan that may include,but is not limited to: City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 51 i. Establishment of perpetual buffer areas; ii. Preservation and/or restoration of native flora; iii. Limitation of access to habitat area; iv. Seasonal restriction of construction activities; v. Clustering of development and preservation of open space; vi. Signs marking habitats or habitat buffer areas; vii. Use of low impact development techniques; viii. Recorded deed,plat,binding site plan,or planned unit development covenant,condition,or restriction legally establishing a riparian habitat area for subject property; ix. Conservation or preservation easements; and x. Dedication or conveyance of title of a riparian habitat area to a public entity for the purpose of conservation; and d. A summary of consultation with a habitat biologist with the WDFW. If the habitat management plan recommends mitigation involving federally listed threatened or endangered species,migratory waterfowl,or wetlands,the USFWS shall receive a copy of the draft habitat management plan and their review comments shall be included in the final report. The Director shall have the authority to approve habitat management plans or require additional information. 21.50.550 Geologically hazardous areas- Shoreline critical area regulations A. Applicability. 1. This section applies to all uses, activities,and structures within designated geologically hazardous areas. 2. Applications for development within the shoreline jurisdiction shall identify if it is located within a geohazard area as designated on the City Critical Areas and Priority Habitats Map. The Director may require additional information based on the criteria in SVMC 21.50.550 to identify unmapped geohazards if application material and/or a site visit indicate the potential for geohazard. B. Designation and classification. 1. Areas susceptible to erosion, sliding earthquake,or other geological events are designated geologically hazardous areas in accordance with WAC 365-190-120,Geologically Hazardous Areas. 2. Categories. a. Erosion hazard areas are identified by the NRCS as having a"moderate to severe,""severe," or"very severe"rill and inter-rill erosion hazard. Erosion hazard areas also include areas with slopes greater than 15 percent. b. Landslide hazard areas are subject to landslides based on a combination of geologic,topographic, and hydrologic factors. They include areas susceptible because of any combination of bedrock, soil, slope, slope aspect, structure, hydrology,or other factors and include the following: i. Areas of historic failures,including: (1) Areas delineated by the NRCS as having a significant limitation for building site development; and (2) Areas designated as quaternary slumps,earthflows,mudflows, lahars,or landslides on maps published by the United States Geological Survey or WDNR. ii. Areas with all of the following characteristics: (1) Slopes steeper than 15 percent; City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 52 (2) Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and (3) Springs or groundwater seepage. iii. Areas that have shown movement during the holocene epoch(from 10,000 years ago to the present)or which are underlain or covered by mass wastage debris of this epoch; iv. Slopes that are parallel or subparallel to planes of weakness(such as bedding planes,joint systems, and fault planes)in subsurface materials; v. Slopes having gradients steeper than 80 percent subject to rockfall during seismic shaking; vi. Areas potentially unstable as a result of rapid stream incision,stream bank erosion, and undercutting by wave action,including stream channel migration zones; vii. Areas that show evidence of,or are at risk from snow avalanches; viii. Areas located in a canyon or on an active alluvial fan,presently or potentially subject to inundation by debris flows or catastrophic flooding; and ix. Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of bedrock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief. c. Seismic hazard areas are subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement or subsidence, soil liquefaction,or surface faulting. One indicator of potential for future earthquake damage is a record of past earthquake damage. C. Standards applicable to all geologic hazard areas. 1. Any development or uses proposed within 50 feet of a geologic hazard area shall prepare a critical areas report satisfying the general critical area report requirements in SVMC 21.50.500 and the additional standards for Geologic Hazard Areas in SVMC 21.50.550(E). 2. Development or uses within geologically hazardous areas or associated buffers shall only be allowed when the proposed development or use: a. Does not increase the threat of the geological hazard to adjacent properties beyond pre-development conditions; b. Does not adversely impact other critical areas; c. Is designed so that the hazard is eliminated or mitigated to a level equal to or less than pre-development conditions; and d. Is determined to be safe as designed and under anticipated conditions by a Qualified Professional. 3. New development that requires structural shoreline stabilization over the life of the development is prohibited,except in instances where: a. Stabilization is necessary to protect allowed uses consistent with SVMC 21.50.420(B)(5); b. No alternative locations are available; c. Shoreline modifications do not negatively affect other critical areas pursuant to SVMC 21.50.460; and d. Stabilization measures conform to WAC 173-26-231, Shoreline Modifications. D. Standards applicable to erosion and landslide hazard areas. City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 53 1. Development within an Erosion or Landslide Hazard Area and/or buffer shall be designed to meet the following basic requirements unless it can be demonstrated that an alternative design that deviates from one or more of these standards provides greater long-term slope stability while meeting all other provisions of the SMP. The requirement for long-term slope stability shall exclude designs that require regular and periodic maintenance to maintain their level of function: a. Development shall not decrease the factor of safety for landslide occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. Analysis of dynamic conditions shall be based on a minimum horizontal acceleration as established by the Uniform Building Code as adopted or amended; b. Structures and improvements shall be clustered to avoid geologically hazardous areas and other critical areas; c. Structures and improvements shall minimize alterations to the natural contour of the slope and foundations shall be tiered where possible to conform to existing topography; d. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation; e. The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties; f. The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes; and g. Development shall be designed to minimize impervious lot coverage. 2. Buffers from all edges of Erosion or Landslide Hazard Areas. a. The minimum buffer shall be equal to the height of the slope or 50 feet, whichever is greater. b. The buffer may be reduced to a minimum of 10 feet when a Qualified Professional demonstrates that the reduction will adequately protect the proposed development, adjacent developments and uses, and the subject critical area. c. The buffer may be increased where the Director determines a larger buffer is necessary to prevent risk of damage to proposed and existing development. 3. Removal of vegetation from an Erosion or Landslide Hazard Area and/or buffer shall be prohibited unless as part of an approved alteration plan consistent with SVMC 21.50.260 Shoreline Vegetation Conservation. 4. New utility lines and pipes shall be permitted only when the Applicant demonstrates that no other practical alternative is available. The line or pipe shall be located above ground and properly anchored and/or designed so that it will continue to function in the event of an underlying slide. 5. Stormwater conveyance shall be allowed only when the pipe design includes a high- density polyethylene pipe with fuse-welded joints,or similar product that is technically equal or superior. 6. New point discharges from drainage facilities and roof drains onto or upstream from Erosion or Landslide Hazard Areas shall be prohibited except as follows: a. If it is conveyed via continuous storm pipe downslope to a point where there are no erosion hazards areas downstream from the discharge; b. If it is discharged at flow durations matching pre-developed conditions,with adequate energy dissipation,into existing channels that previously conveyed stormwater runoff in the pre-developed state; or c. If it is dispersed or discharged upslope of the steep slope onto a low-gradient undisturbed buffer demonstrated to be adequate to infiltrate all surface and City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 54 stormwater runoff,and where it can be demonstrated that such discharge will not increase the saturation of the slope. 7. Division of land in Erosion or Landslide Hazard Areas and associated buffers is subject to the following: a. Land that is located wholly within a designated Erosion or Landslide Hazard Area or an associated buffer shall not be subdivided. b. Land that is located partially within a designated Erosion or Landslide Hazard Area or an associated buffer may be subdivided,provided that each resulting lot has sufficient buildable area outside of the Erosion or Landslide Hazard Area and buffer to accommodate reasonable development without impacting the critical area or requiring structural stabilization consistent with SVMC 21.50.180(B)(5) General Provisions. c. Access roads and utilities may be permitted within an Erosion or Landslide Hazard Area and associated buffers if the City determines that no other feasible alternative exists. 8. On-site sewage disposal systems,including drain fields, shall be prohibited within Erosion or Landslide Hazard Areas and associated buffers. E. Additional critical areas report requirements for geologically hazardous areas reports. In addition to the critical area report requirements in SVMC 21.50.500, geologically hazardous area reports shall include: 1. A site plan showing the following: a. The location of springs, seeps,or other surface expressions of groundwater on or within 200 feet of the project area or that have potential to be affected by the proposal; b. The topography,in two-foot contours,of the project area and all hazard areas addressed in the report; and c. The following additional information for a proposal impacting an Erosion Hazard or Landslide Hazard Area: i. The height of slope, slope gradient, and cross section of the project area; ii. Stormwater runoff disposal location and flow patterns; and iii. The location and description of surface water runoff. 2. A geotechnical study that addresses the geologic characteristics and engineering properties of the soils,sediments, and/or rock of the project area and potentially affected adjacent properties,including: a. A description of the surface and subsurface geology,hydrology, soils, and vegetation found in the project area and in all hazard areas addressed in the report; b. A detailed overview of the field investigations;published data and references; data and conclusions from past assessments of the site; and site specific measurements,test,investigations,or studies that support the identification of geologically hazardous areas; c. Site history regarding landslides,erosion, and prior grading; d. A description of the vulnerability of the site to seismic and other geologic events; e. Proposals impacting an Erosion or Landslide Hazard Area shall include the following additional information: i. A description of the extent and type of vegetative cover; ii. An estimate of load capacity including surface and ground water conditions,public and private sewage disposal systems,fills and excavations, and all structural development; City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft 55 iii. An estimate of slope stability and the effect construction and placement of structures will have on the slope over the estimated life of the structure; iv. An estimate of the bluff retreat rate that recognizes and reflects potential catastrophic events such as seismic activity or a 100 year storm event; v. Consideration of the run-out hazard of landslide debris and/or the impacts of landslide run-out on down slope properties; vi. A study of slope stability including an analysis of proposed angles of cut and fill and site grading; vii. Recommendations for building limitations, structural foundations, and an estimate of foundation settlement; and viii. An analysis of proposed surface and subsurface drainage, and the vulnerability of the site to erosion. f. A detailed description of the project,its relationship to the geologic hazard(s), and its potential impact upon the hazard area,the subject property, and affected adjacent properties; g. Recommendations for the minimum no-disturbance buffer and minimum building setback from any geologic hazard based upon the geotechnical analysis; h. A mitigation plan addressing how the activity maintains or reduces the pre- existing level of risk to the site and adjacent properties on a long-term basis (equal to or exceeding the projected lifespan of the activity or occupation); i. Proposals impacting an Erosion or Landslide Hazard Area shall include the following additional information: i. An erosion and sediment control plan prepared in compliance with requirements set forth in SVMC 22.150 Stormwater Management Regulations; and ii. Drainage plan for the collection,transport,treatment,discharge, and recycle of water; j. Location and methods of drainage, surface water management,locations and methods of erosion control,a vegetation management and replanting plan,or other means for maintaining long-term soil stability; and k. A plan and schedule to monitor stormwater runoff discharges from the site shall be included if there is a significant risk of damage to downstream receiving waters due to: i. Potential erosion from the site; ii. The size of the project; or iii. The proximity to or the sensitivity of the receiving waters. 3. A geotechnical report,prepared within the last five years for a specific site, and where the proposed land use activity and surrounding site conditions are unchanged,may be incorporated into the required critical area report. The Applicant shall submit a geotechnical assessment detailing any changed environmental conditions associated with the site. 21.50.560 Frequently flooded areas- Shoreline critical area regulations. A. Incorporation and applicability. SVMC 21.30 Floodplain Regulations are incorporated by reference herein and apply to all uses, activities, and structures within frequently flooded areas. B. Additional critical areas report requirements for frequently flooded areas. In addition to the critical area report requirements in SVMC 21.50.500,critical area reports for frequently flooded areas shall include: 1. A site plan showing: City of Spokane Valley I Shoreline Master Program Regulations, March 20,2014 Public Review Draft 56 a. All areas of a special flood hazard within 200 feet of the project area,as indicated on the flood insurance map(s); b. Floodplain (100-year flood elevation), 10- and 50-year flood elevations, floodway,other critical areas,buffers, and shoreline areas; and c. Elevation of the lowest floor(including basement)of all structures,and the level to which any nonresidential structure has been flood proofed. Alterations of natural watercourses shall be avoided,if feasible. If unavoidable,the critical area report shall include: i. A description of and plan showing the extent to which a watercourse will be altered or relocated; ii. A maintenance plan that provides maintenance practices for the altered or relocated portion of the watercourse to ensure that the flood carrying capacity is not diminished and downstream or upstream properties are not impacted; and iii. A description of how the proposed watercourse alteration complies with the requirements of FWHCAs,the SMP, and other applicable state or federal permit requirements. City of Spokane Valley I Shoreline Master Program Regulations, March 20, 2014 Public Review Draft APPENDIX A-1 DRAFT SHORELINE MASTER PROGRAM DEFINITIONS A. General Provisions. The definitions provided herein are supplemental to the definitions provided in Appendix A and only apply for use with the City's SMP,including chapter 21.50 Spokane Valley Municipal Code (SVMC). Solely for purposes of the City's SMP,if a conflict exists between these definitions and definitions in Appendix A,the definitions in Appendix A-1 shall govern. The definition of any word or phrase not listed in Appendix A-1 which is ambiguous when administering the SMP shall be defined by the City's Community Development Director,or his/her designee, from the following sources in the order listed: 1. Any City of Spokane Valley resolution,ordinance,code,or regulation; 2. Any statute or regulation of the State of Washington; 3. Legal definitions from the Hearings Board,from Washington common law or the most recently adopted Black's Law Dictionary; or 4. The most recently adopted Webster's New Collegiate Dictionary. B. Definitions. Accessory or appurtenant structures: A structure that is necessarily connected to the use and enjoyment of a single-family residence,including garages, sheds,decks,driveways,utilities,fences, swimming pools,hot tubs,saunas,tennis courts, and grading which does not exceed 250 cubic yards and is located landward of the OHWM and the perimeter of a wetland. Agricultural activities: Relating to the science or art of cultivating soil or producing crops to be used or consumed directly or indirectly by man or livestock,or raising of livestock. The term has the full meaning as set forth in WAC 173-26-020(3)(a)as adopted or amended. Amendment: A revision,update,addition,deletion,and/or reenactment to an existing SMP. Applicant: A person who files an application for permit under the SMP and may be the owner of the land on which the proposed activity would be located,a contract purchaser,or the authorized agent of such a person. Aquaculture: The culture or farming of fish, shellfish,or other aquatic plants and animals. Associated wetlands: Those wetlands(see "Wetlands"definition)that are in proximity to and either influence,or are influenced by, a lake or stream subject to the SMA. Average grade level: The average of the natural or existing topography of the portion of the lot,parcel, or tract of real property which will be directly under the proposed building or structure;provided that in case of structures to be built over water, average grade level shall be the elevation of OHWM. Calculation of the average grade level shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. Best Management Practices (BMPS): Site-specific design strategies,techniques,technologies, conservation and maintenance practices,or systems of practices and management measures that minimize adverse impacts from the development or use of a site. Bioengineering: Project designs or construction methods which use living plant material or a combination of living plant material and natural or synthetic materials to establish a complex root grid within the bank which is resistant to erosion,provides bank stability, and promotes a healthy riparian environment. Bioengineering approaches may include use of wood structures or clean angular rock to provide stability. City of Spokane Valley I Shoreline Master Program Draft Definitions—Appendix A-1 1 Boating facilities: Boating facilities include boat launches,ramps,public docks,commercial docks, and private docks serving more than four residences,together with accessory uses such as Americans with Disabilities Act-compliant access routes,boat and equipment storage,user amenities such as benches and picnic tables, and restroom facilities. Buffer or Shoreline buffer: The horizontal distance from the OHWM or critical area which is established to preserve shoreline or critical area functions by limiting or restricting development. See Appendix A-2, Shoreline Buffers Map. Permitted development and activities within buffers depend on the type of critical area or resource land the buffer is protecting. Clearing: The destruction or removal of ground cover, shrubs, and trees including,but not limited to, root material removal and/or topsoil removal. Commercial uses: Those uses that are involved in wholesale,retail, service, and business trade. Examples of commercial uses include restaurants,offices, and retail shops. Conditional use: A use,project,or substantial development which is classified as a conditional use or is not classified within the SMP. Degrade: To impair with respect to some physical or environmental property or to reduce in structure or function. Development: A use consisting of the construction or exterior alteration of structures; dredging;drilling; filling;removal of any sand,gravel,or minerals;bulkheading; driving of piling;placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the SMA at any stage of water level. Development regulations: The controls placed on development or land uses by the City,including,but not limited to,zoning ordinances,building codes,critical areas ordinances, all portions of the SMP other than goals and policies approved or adopted under chapter 90.58 RCW,planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. Dock: A floating platform over water used for moorage of recreational or commercial watercraft. Dredging: The removal of sediment,earth,or gravel from the bottom of a body of water,for the deepening of navigational channels,to mine the sediment materials,to restore water bodies, for flood control,or for cleanup of polluted sediments. Ecological functions or Shoreline functions: The work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. Ecology: Washington State Department of Ecology. Ecosystem-wide process: The suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. Enhancement: Alteration of an existing resource to improve its ecological function without degrading other existing functions. Exemption or Exempt development: Exempt developments are those set forth in WAC 173-27-040 and RCW 90.58.030(3)(e),RCW 90.58.140(9),RCW 90.58.147, RCW 90.58.355, and RCW 90.58.515. See also"Shoreline exemption,letter of'. Feasible: An action, such as a project,mitigation measure, or preservation requirement,which meets all of the following conditions: City of Spokane Valley I Shoreline Master Program Draft Definitions—Appendix A-1 2 1. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances,or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; 2. The action provides a reasonable likelihood of achieving its intended purpose; 3. The action does not physically preclude achieving the project's intended legal use; and 4. In cases where the SMP requires certain actions unless they are infeasible,the burden of proving infeasibility is on the applicant. In determining an action's infeasibility,the City may weigh the action's relative public costs and public benefits,considered in the short- and long-term time frames. Fill: The addition of soil, sand,rock,gravel, sediment,earth retaining structure,or other material to an area waterward of the OHWM,in wetlands,or on shorelands in a manner that raises the elevation or creates dry land. Depositing topsoil in a dry upland area for landscaping purposes is not considered a fill. Flood hazard reduction: Measures taken to reduce flood damage or hazards. Flood hazard reduction measures may consist of nonstructural measures,such as setbacks,land use controls,wetland restoration, dike removal,use relocation,biotechnical measures, and stormwater management programs, and of structural measures, such as dikes,levees,revetments, floodwalls,channel realignment, and elevation of structures consistent with the National Flood Insurance Program. Footprint: That area defined by the outside face of the exterior walls of a structure. Forest practices: Any activity relating to growing,harvesting,or processing timber,including,but not limited to,uses defined in RCW 76.09.020. Grading: The movement or redistribution of the soil, sand,rock,gravel, sediment,or other material on a site in a manner that alters the natural contour of the land. Habitat: The place or type of site where a plant or animal lives and grows. Habitat enhancement: Actions performed within an existing shoreline,critical area,or buffer to intentionally increase or augment one or more ecological functions or values, such as increasing aquatic and riparian plant diversity or cover,increasing structural complexity,installing environmentally compatible erosion controls,or removing non-indigenous plant or animal species. Hearings Board: The Shoreline Hearings Board established by the SMA. Height: Height is measured from average grade level to the highest point of a structure;provided that television antennas,chimneys,and similar appurtenances shall not be used in calculating height;provided further that temporary construction equipment is excluded from this calculation. In-stream structure: A structure placed by humans within a stream or river waterward of the OHWM that either causes or has the potential to cause water impoundment or cause the diversion,obstruction,or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation,water supply,flood control,transportation,utility service transmission, fish habitat enhancement,recreation,or other purpose. Industrial uses: Facilities for processing,manufacturing,fabrication,assembly, and storage of finished or semi-fmished products. Landward: To,or towards,the land in a direction away from a water body. May: The action is acceptable,provided it conforms to the provisions of this SMP. Mining: The removal of sand,gravel, soil,minerals, and other earth materials for commercial and other uses. Mitigation or Mitigation sequencing: To avoid,minimize,or compensate for adverse impacts. City of Spokane Valley I Shoreline Master Program Draft Definitions—Appendix A-1 Min No net loss: The standard for protection of shoreline ecological functions established in RCW 36.70A.480 as adopted or amended, and as that standard is interpreted on an on-going basis by courts,the Growth Management Hearings Board,or the Hearings Board. The concept of"no net loss" as used herein,recognizes that any use or development has potential or actual, short-term or long-term impacts which may diminish ecological function and that through application of appropriate development standards and employment of mitigation measures in accordance with mitigation sequencing,those impacts will be addressed in a manner necessary to assure that the end result will not cumulatively diminish the shoreline resources and values as they currently exist. Where uses or development that impact ecological functions are necessary to achieve other objectives of RCW 90.58.020,the no net loss standard protects to the greatest extent feasible existing ecological functions and favors avoidance of new impacts to habitat and ecological functions before implementing other measures designed to achieve no net loss of ecological functions. Nonconforming structure: A structure within the shoreline which was lawfully constructed or established within the application process prior to the effective date of the SMA or the SMP,or amendments thereto,but which does not conform to present regulations or standards of the SMP. Nonconforming use: A shoreline use which was lawfully established or established within the application process prior to the effective date of the SMA or the SMP,or amendments thereto,but which does not conform to present regulations or standards of the SMP. Non water-oriented uses: Any uses that are not water-dependent,water-related,or water-enjoyment as defined by the SMP. Off-site mitigation: To replace wetlands or other shoreline environmental resources away from the site on which a resource has been impacted by an activity. Ordinary high water mark(OHWM): The mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years,as to mark upon the soil a character distinct from that of the abutting upland,in respect to vegetation as that condition exists on June 1, 1971,as it may naturally change thereafter,or as it may change thereafter in accordance with permits issued by the City,provided that in any area where the OHWM cannot be found,the OHWM adjoining freshwater shall be the line of mean high water. Pier: A fixed platform over water used for moorage of recreational or commercial watercraft. Priority habitats and species: Habitats and species designated by the Washington Department of Fish and Wildlife as requiring protective measures for their survival due to population status, sensitivity to habitat alteration, and/or recreational,commercial,or tribal importance. Priority species include State Endangered,Threatened, Sensitive, and Candidate species; animal aggregations(such as bat colonies) considered vulnerable; and species of recreational,commercial,or tribal importance that are vulnerable. Washington Department of Fish and Wildlife maintains maps of known locations of priority habitats and species in Washington State. Provisions: Policies,regulations, standards,guideline criteria or environment designations. Public access: The ability of the general public to reach,touch, and enjoy the water's edge,to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. Public facilities: Facilities and structures,operated for public purpose and benefit,including,but not limited to, solid waste handling and disposal,water transmission lines, sewage treatment facilities and mains,power generating and transfer facilities,gas distribution lines and storage facilities, stormwater mains,and wastewater treatment facilities. City of Spokane Valley I Shoreline Master Program Draft Definitions—Appendix A-1 4 Qualified professional: A person who,in the opinion of the Director,has appropriate education,training and experience in the applicable field to generate a report or study required in this SMP. 1. For reports related to wetlands,this means a certified professional wetland scientist or a non-certified professional wetland scientist with a minimum of five years' experience in the field of wetland science and with experience preparing wetland reports. 2. For reports related to critical aquifer recharge areas,this means a hydrogeologist, geologist,or engineer,who is licensed in the State of Washington and has experience preparing hydrogeologic assessments. 3. For reports related to fish and wildlife habitat conservation areas this means a biologist with experience preparing reports for the relevant type of habitat. 4. For reports related to geologically hazardous areas this means a geotechnical engineer or geologist,licensed in the State of Washington,with experience analyzing geologic, hydrologic, and ground water flow systems. 5. For reports related to frequently flooded areas this means a hydrologist or engineer, licensed in the State of Washington with experience in preparing flood hazard assessments. 6. For reports related to cultural and archaeological resources and historic preservation,this means a professional archaeologist or historic preservation professional. RCW: Revised Code of Washington. Recreational use: Commercial and public facilities designed and used to provide recreational opportunities to the public. Residential use: Uses for residential purpose. Restore, restoration, or ecological restoration: The reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including,but not limited to,revegetation,removal of intrusive shoreline structures, and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre- European settlement conditions. Riparian area: The interface area between land and a river or stream. The area includes plant and wildlife habitats and communities along the river margins and banks. Setback or shoreline setback: The minimum required distance between a structure and the shoreline buffer that is to remain free of structures. Shall: An action that is mandatory and not discretionary. Shorelands or shoreland areas: Those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the OHWM; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands associated with the streams and lakes which are subject to the provisions of the SMA and the SMP; all of which will be designated as to location by Ecology. Shoreline exemption,letter of: Documentation provided by the City that proposed development qualifies as an Exempt Development(as that term is defined herein)and that the proposed development is consistent with chapter 21.50 SVMC and other local and state requirements,including the State Environmental Policy Act as adopted or amended when applicable. Shoreline jurisdiction and shoreline areas: All"shorelines of the state"and"shorelands". Shoreline Management Act(SMA): The Shoreline Management Act of 1971 as set forth in chapter 90.58 RCW as adopted or amended. Shoreline Master Program (SMP): The comprehensive use plan applicable to the shorelines of the state within the City,including the use regulations,together with maps,goals and policies, and standards developed in accordance with the policies enunciated in RCW 90.58.020. City of Spokane Valley I Shoreline Master Program Draft Definitions—Appendix A-1 5 Shoreline modifications: Those actions that modify the physical configuration or qualities of the shoreline area,usually through the construction of a physical element such as a dike,breakwater,pier, weir,dredged basin,fill,bulkhead,or other shoreline structure. They can include other actions, such as clearing,grading,or application of chemicals. Shoreline permit(s): Means any substantial development,variance,conditional use permit,or revision authorized under chapter 21.50 SVMC and chapter 90.58 RCW. Shoreline stabilization: Actions taken to prevent or mitigate erosion impacts to property or structures caused by shoreline processes such as currents, floods,or wind action. Shoreline stabilization includes, but is not limited to, structural armoring approaches such as bulkheads,bulkhead alternatives, and nonstructural approaches such as bioengineering. Shoreline substantial development permit: A permit required by the SMP for substantial development within the shoreline jurisdiction. Shorelines: All of the water areas of the state,including reservoirs, and their associated shorelands, together with the lands underlying them,except(a) shorelines of statewide significance; (b) shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and(c) shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. Shorelines of statewide significance: Has the meaning as set forth in RCW 90.58.030(2)(f) as adopted or amended. Shorelines of the state: The total of all"shorelines" and"shorelines of statewide significance"within the state. Should: An action which is required unless there is a demonstrated,compelling reason based on policy of the SMA and the SMP, against taking the action. Substantial development: Any development of which the total cost or fair market value exceeds $6,416, or any development which materially interferes with the normal public use of the water or shorelines of the state. The current thresholds will be adjusted for inflation by the State Office of Financial Management every five years,beginning from July 1,2007. Temporary impact: Impacts to a critical area that are less than one year and expected to be restored following construction. Transportation facilities: Facilities consisting of the means and equipment necessary for the movement of passengers or goods. Upland: Generally described as the dry land area above and landward of the OHWM. Utilities: Services and facilities that produce,convey, store or process power,gas, sewage,water, stormwater,communications,oil, and waste. Variance: A process to grant relief from the specific bulk,dimensional,or performance standards through submission of a shoreline variance. A variance is not a means to change the allowed use of a shoreline. Viewing platform: A platform located landward of the OHWM used for viewing pleasure. WAC: Washington Administrative Code. Water-dependent use: A use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations. Water-enjoyment use: A recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through City of Spokane Valley I Shoreline Master Program Draft Definitions—Appendix A-1 6 location,design, and operation ensures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use,the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Water-oriented use: A use that is water-dependent,water-related,or water-enjoyment,or a combination of such uses. Water quality: The physical characteristics of water within the shoreline jurisdiction,including water quantity,hydrological,physical,chemical, aesthetic,recreation-related, and biological characteristics. Water quantity: The flow rate and/or flow volume of stormwater or surface water. Where used in the SMP,the term "water quantity"refers to uses and/or structures regulated under the SMP affecting water quantity, such as impermeable surfaces and stormwater handling practices. Water quantity, for purposes of the SMP,does not mean the withdrawal of groundwater or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340. Water-related use: A use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: 1. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or 2. The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient. Wetlands: Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites,including,but not limited to,irrigation and drainage ditches, grass-lined swales,canals,detention facilities,wastewater treatment facilities,farm ponds, and landscape amenities,or those wetlands created after July 1, 1990,that were unintentionally created as a result of the construction of a road, street,or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. City of Spokane Valley I Shoreline Master Program Draft Definitions—Appendix A-1