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Agenda 08/27/2015 *Wane Valle Spokane Valley Planning Commission Special Meeting Agenda City Hall Council Chambers, 11707 E. Sprague Ave. August 27, 2015 6:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: July 09, 2015 VI. COMMISSION REPORTS VII. ADMINISTRATIVE REPORT VIII. PUBLIC COMMENT: On any subject which is not on the agenda. IX. COMMISSION BUSINESS: A. Study Session: CTA-2015-0005, Proposed amendments to Spokane Valley Municipal Code (SVMC) Chapter 17.80 Permit Processing Procedures, Chapter 18.20 Hearing Examiner, Appendix A— Definitions X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT Minutes Spokane Valley Planning Commission Council Chambers—City Hall, July 9,2015 Chairman Stoy called the meeting to order at 6:00 p.m. Commissioners, staff and audience stood for the pledge of allegiance. Ms.Heath took roll and the following members and staff were present: Kevin Anderson Lori Barlow, Senior Planner Heather Graham Erik Lamb,Deputy City Attorney Tim Kelley Christina Janssen,Planner Mike Phillips Deanna Horton,Administrative Assistant Susan Scott Joe Stoy Sam Wood Elisha Heath, Secretary of the Commission Commissioner Anderson moved to approve the July 9, 2015 agenda. The vote on the agenda was seven in favor, zero against, the motion passes. Commissioner Graham moved to accept the June 25, 2015 minutes as presented. The Commission approved minutes with a vote of seven in favor, zero against. COMMISSION REPORTS: Commissioner Kelley reported he attended the Traders Club Meeting, commercial real estate agent.The other Commissioners had no reports. ADMINISTRATIVE REPORT: Senior Planner Lori Barlow reported that Marty Palaniuk would be presenting the additional information requested on subdivision design standards at the next meeting. There will be a study session on the code text amendments related to the Shoreline Master Program (SMP) update for the regulations. The amendments are housekeeping items. PUBLIC COMMENT: There was no public comment. COMMISSION BUSINESS: Findings: CTA-2015-0004, Proposed amendment to Spokane Valley Municipal Code (SVMC) Chapters 19.40.090 (Residential accessory uses and structures) and 19.140 (Administrative Exceptions) Commissioner Anderson moved to approve CTA-2015-0004 Finding of Fact Administrative Exceptions as presented. The Commission approved seven in favor, zero against. The motion passed. GOOD OF THE ORDER: Commissioner Anderson asked for clarification of the difference between above ground and in-ground swimming pools. Ms. Barlow responded that the information will be brought back to the Planning Commission. ADJOURNMENT: There being no other business the meeting was adjourned at 6:25 p.m. Joe Stoy,Chairperson Date signed Elisha Heath, Secretary 06-25-15 Planning Commission Minutes Page 1 of 1 CITY OF SPOKANE VALLEY Request for Planning Commission Action (Revised information has been added since August 13, 2015) Meeting Date: August 27,2015 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information® admin.report ❑ pending legislation FILE NUMBER: CTA-2015-0005 AGENDA ITEM TITLE: Study session —Shoreline Management Plan (SMP) Spokane Valley Municipal Code Text Updates DESCRIPTION OF PROPOSAL: City-initiated Code Text Amendment to update Spokane Valley Municipal Code (SVMC)Chapter 17.80 Permit Processing Procedures,Table 17.80-1 —Permit Type and Land Use Application; SVMC Chapter 18.20 Hearing Examiner, Section 18.20.030—Powers and Duties; SVMC Appendix A Definitions. Proponent: City of Spokane Valley Community Development Department, 11707 E Sprague Ave, Suite 106, Spokane Valley,WA 99206 GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN:None BACKGROUND: On December 9,2014 the City Council approved Ordinance No. 14-020, adopting the Shoreline Master Program (SMP) in order to submit the document to Ecology for review and approval. The locally approved SMP cannot take effect until after Ecology has approved it. The document is currently under review by Ecology. As a result of the update the adopted SMP contains procedural changes and definitions that are not consistent with the current SVMC. The adopted SMP has new or modified definitions that are inconsistent with SVMC Appendix A- Definitions. These changes are reflected in the amendment to Appendix A. The adopted SMP also identifies permitting processes for several shoreline permits including Shoreline Conditional Use and Substantial Development permits. Permits are processed and appealed based on their classification in SVMC 17.80 (Type I, II, III, or IV). Several shoreline permits have been established created or revised under the updated SMP. The appeal authority for shoreline permits is further clarified in changes to Table 17.90-1 —Decision/Appeal Authority. These changes are reflected in the amendments to SVMC Title 17. The approval authority for a permit is determined by type; Type I receives administrative approval; Type II requires Department approval; Type III requires Hearing Examiner approval; Type IV requires City Council approval. Shoreline Conditional Use permits have been identified as a Type II permit in SVMC 17.80 and will no longer be heard by the Hearing Examiner. This change is reflected in the amendment to SVMC Title 18. RECOMMENDED ACTION OR MOTION: None STAFF CONTACT: Martin Palaniuk,Planner ATTACHMENTS: 1. Proposed Amendments 2. Staff Report 3. Presentation RPCA for CTA-2015-0005 Study Session 17.80.030 Assignment of development application classification. A.Assignment by Table. Land use and development applications shall be classified pursuant to the following table: Table 17.80-1 —Permit Type and Land Use Application SVMC Cross- Type Land Use and Development Application Reference Accessory dwelling units 19.40.100 Administrative determinations by community development director, public works Multiple director, or building official Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building permits not subject to SEPA 21.20.040 Floodplain development 21.30 Grading permits 24.50 Type 1 Home occupation permit 19.40.140 Shoreline letter of exemption 21.50 Minor modifications of development agreements 19.30.015(1) Record of survey to establish lots within a binding site plan 20.60.040 Right-of-way permits 22.130.100 Shoreline permit exemption (dock permit) 21.50 Site plan review 19.130 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision or binding site plan 20.30.060 Type 11 Alterations —Preliminary and final subdivisions,short subdivisions, binding site 20.50 Table 17.80-1 —Permit Type and Land Use Application SVMC Cross- Type Land Use and Development Application Reference plans Binding site plan—Preliminary and final 20.50 Binding site plan—Change of conditions 20.50 SEPA threshold determination 21.20.060 Shoreline conditional use permit 21.50 Shoreline nonconforming use or structure review 21.50 Shoreline substantial development permit 21.50 Shoreline variance 21.50 Short subdivision—Preliminary and final 20.30, 20.40 Preliminary short subdivision, binding site plan—Change of conditions 20.30 Wireless communication facilities 22.120 Conditional use permits 19.150 Planned residential developments 19.50 Plat vacation 20.70.020 Type III Preliminary subdivision—Change of conditions 20.50 Subdivisions—Preliminary 20.30 Variance 19.170 Zoning map amendments (site-specific rezones) 19.30.030 Annual Comprehensive Plan amendments (text and/or map) 17.80.140 Area-wide zoning map amendments 17.80.140 Type IV Development agreements associated with Comprehensive Plan amendments 17.80.140 Development code text amendments 17.80.150 B. Assignment by Director. Land use and development applications not defined in SVMC Table 17.80-1 shall be assigned a type by the director, unless exempt under SVMC 17.80.040. When one or more than one procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the procedures set forth in SVMC 17.80, subject to any additional or modified procedures provided in SVMC 21.50, including submittals, completeness review, notices, hearings, and decisions. Table 17.90-1 —Decision/Appeal Authority Land Use and Development Decisions Appeal Authority Type I and II decisions Hearing examiner(SVMC 17.90.040); further appeal to superior court(Chapter 36.70C RCW) Building permits Hearing examiner(SVMC 17.90.040); further appeal to superior court(Chapter 36.70C RCW) Type III decisions except zoning map amendments Superior court(Chapter 36.70C RCW) Type III zoning map amendments City council (SVMC 17.90.070); further appeal to superior court(Chapter 36.70C RCW) Type IV decisions Superior court Matters subject to review pursuant to RCW 36.70A.020 Growth Management Hearing Board Shoreline development permitsShoreline substantial Shoreline Hearings Board (RCW 90.58.180) development permit, Shoreline conditional use permit, Shoreline variance Compliance and enforcement decisions (Chapter 17.100 Appeal authorityHearinq Examiner(SVMC SVMC) 17.90.040); further appeal to superior court(Chapter 36.70C RCW) Notice and order of violation Hearing examiner(SVMC 17.90.010); further appeal to superior court 18.20.030 Powers and duties. A.The hearing examiner shall be under the administrative supervision of the city manager. B. The hearing examiner shall have the following powers and duties: 1.Annually provide a written report to the city manager, city council and director of the community development department that states the number and type of hearings conducted and decisions issued during the past year, the outcome of such decisions, recommendations for improving the hearing examiner system, and pertinent observations and recommendations regarding land use policies and development regulations. 2. Upon request, meet with the city manager, city council or director of community development department to discuss the written report. 3. Receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decisions or recommendations. 4.As a part of the conduct of public hearings, the hearing examiner shall have the authority to: a. Conduct pre-hearing conferences; b. Require the submittal of information; c. Schedule and continue hearings; d. Rule on all evidentiary and procedural matters, including motions and objections appropriate to the proceedings; e. Receive evidence and cause preparation of the record; f. Regulate the course of hearings and the conduct of the parties and their agents; g. Maintain order during the hearing process; h. Render decisions and issue written findings and conclusions; i. Include in a decision the conditions of approval necessary to ensure that the application complies with the applicable criteria for its approval; and j. Revoke any approval for failure to comply with the conditions imposed by the hearing examiner where specifically authorized by the UDC or state law. 5. The hearing examiner shall hear the following matters: a. Variances; b. Conditional use permits; c. Special use permits; d. Shoreline letter of exemptionConditional use permits and varianccs undcr the shorclinc master program; e. Preliminary plats; f.Appeals from any administrative decision of the department of community development or the building official in the administration or enforcement of the Spokane Valley Uniform Development Code or other land use code or regulation; g.Appeals on State Environmental Policy Act(SEPA)determinations; h. Site-specific zone changes of property, including any environmental determination (under SEPA); i. Planned unit developments, including any environmental determination (under SEPA); and j.Any other applications or appeals that the city council may refer by motion or ordinance, specifically declaring that the decision of the hearing examiner can be appealed to the city council. 6.All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth in Appendix B. 7. Appeals of any decision of the hearing examiner shall be as is set forth in Chapter 17.90 SVMC. APPENDIX A DEFINITIONS A. General Provisions. 1. For the purpose of this code, certain words and terms are herein defined. The word "shall" is always mandatory. The word "may" is permissive, subject to the judgment of the person administering the code. 2.Words not defined herein shall be construed as defined in Webster's New Collegiate Dictionary. 3. The present tense includes the future, and the future the present. 4. The singular number includes the plural and the plural the singular. 5. Use of male designations shall also include female. B. Definitions. Ecological function, no net loss of: The aggregate impact of an improvement, disturbance or encroachment of a shoreline which does not result in an overall lose of ecological function. Any shoreline degradation is concurrently offset by an enhancement of ecological function on the same site or on property within 1,000 feet of the site which equals or exceeds the scope and ecological value (or function) of the degraded resource. Ecological functions or shoreline functions: The work performed or role played by the physical, chemical, constitute the shoreline's natural ecosystem. See WAC 173 26 200(2)(d). Nonconforming use, shoreline: A use located within thc shoreline jurisdiction which docs not conform to thc requirements of thc Shoreline Management Act (Chapter 90.58 RCW). Ordinary high water mark (OHWM): A mark that will bc found by examining the bed and banks and ascertaining where the presence and action of waters arc so common and usual, and so long continued in all ordinary y ars, as to mark upon thc soil a character distinct from that of thc abutting upland. In any area where thc ordinary high water mark cannot be found, thc ordinary high water mark adjoining freshwater shall bc thc line of m an high water. and physical character of the shoreline, consistent with WAC 173 26 211 (1) and (5). Shoreline protection: Structural and nonstructural methods to control flooding or address erosion impacts to property and dwellings or othcr structures caused by natural proccsccs, such as currcnt, flood, wind, or wave action. Shoreline restoration: The revegetation of a shoreline site cleared of vegetation and not covered by structures or occupied by other improvements following completion of a project. the dollar amount set forth in Chapter 90.58 RCW and Chapter 173 26 WAC for any improvement of property in the shoreline of the state. diversion structures and facilities for water supply, irrigation and/or fisheries enhancement; flood water and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; structural facilities that provide water sports equipment and services, restaurants providing water views, recreational vehicle parks, and public parks. quantities of water. COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT SCITY PLANNING DIVISION pokane STAFF REPORT AND RECOMMENDATION TO THE Ile PLANNING COMMISSION(REVISED) CTA-2015-0005 STAFF REPORT DATE: August 20,2015 HEARING DATE AND LOCATION: September 10, 2015, 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: City-initiated Code Text Amendment to update Spokane Valley Municipal Code (SVMC) 17.80 Permit Processing Procedures, Table 17.80-1 — Permit Type and Land Use Application; SVMC 17.90 Appeals; SVMC 18.20 Hearing Examiner, Section 18.20.030 — Powers and Duties; SVMC Appendix A Definitions. The changes are designed to achieve consistency between the SVMC and the Shoreline Master Plan and to remove duplicative compliance and enforcement language. PROPONENT: City of Spokane Valley Community Development Department, 11707 E Sprague Ave, Suite 106, Spokane Valley,WA 99206 APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions. SUMMARY OF RECOMMENDATION: Forward the proposed amendment to City Council with a recommendation to approve. STAFF PLANNER: Martin Palaniuk,Planner, Community and Economic Development Department REVIEWED BY: Lori Barlow, AICP, Senior Planner, Community and Economic Development Department ATTACHMENTS: Exhibit 1: Proposed text amendment to SVMC Title 17, 18, and Appendix A 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: N/A Application Submitted: N/A Determination of Completeness: N/A SEPA Determination: Issued 8/14/15 Published Notice of Public Hearing: Scheduled for 8/21/15 & 8/28/15 Sent Notice of Public Hearing to staff/agencies: Scheduled for 8/12/15 CTA-2015-0005 Page 1 of 4 DRAFT—August 20,2015 Staff Report and Recommendation CTA-2015-0005 2. PROPOSAL BACKGROUND: On December 9,2014 the City Council approved Ordinance No. 14-020, adopting the Shoreline Master Program(SMP)in order to submit the document to Ecology for review and approval. The locally adopted SMP cannot take effect until after Ecology approval. The adopted SMP contains procedural changes and definitions that are not consistent with the current SVMC. The adopted SMP contains a Definitions section with words that are specific to the SMP. Those words were removed from the SVMC Appendix A-Definitions; words applicable to both the adopted SMP and the SVMC remain in SVMC Appendix A-Definitions. These changes are reflected in the amendment to Appendix A. The adopted SMP also identifies permitting processes for several shoreline permits including shoreline conditional use, shoreline substantial development, and shoreline variance permits. Permits are processed based on their classification in SVMC 17.80(Type I, II,III,or IV). Several shoreline permits have been established or revised under the updated SMP. SVMC 21.50 specifies additional procedures that may apply to a shoreline permit. Additional language was added to SVMC 17.80 to call-out the fact that these additional procedures will also apply to the shoreline permits. The approval authority for a permit is determined by permit type;Type I receives administrative approval; Type II requires Department approval;Type III requires Hearing Examiner(HEX) approval; Type IV requires City Council approval. A conditional use permit within the shoreline is not included in the table of permit types in SVMC 17.80. However,it is included in SVMC 18.20.030 as an action that is heard by the HEX. Under the proposed amendment, a Shoreline Conditional Use permits will be identified as a Type II permit in SVMC 17.80 and will no longer be heard by the HEX. This change is reflected in the amendment to SVMC Title 18. The rationale for this change is that the final authority for a Shoreline Conditional Use permit is the Department of Ecology(Ecology). The City provides their local decision, after a public comment period, and forwards it to Ecology,whereby Ecology makes the final decision. Ecology has the authority to deny, approve,or conditionally approve at that time. The HEX in this system,does conduct a public hearing,but primarily adds an unnecessary layer to the permitting system without providing significant benefit to protecting the environment. The proposed amendments will modify SVMC Titles 17, 18 and Appendix A as follows: Appendix A Definitions,eliminate the following definitions: 1. Ecological function,no net loss of; 2. Ecological functions or shoreline functions; 3. Landfill, shoreline; 4. Nonconforming use, shoreline; 5. Ordinary high-water mark(OHWM) 6. Shoreline environment; 7. Shoreline protection; 8. Shoreline restoration; 9. Shoreline substantial development; 10. Water dependent; 11. Water-related; 12. Water-related industry. SVMC 17.80.030,Table 17.80-1 —Permit Type and Land Use Application: Add"Letter of Exemption" and remove "Shoreline permit exemption(dock permit)" from the Type I section of the table;Add"Shoreline Conditional Use Permit","Shoreline nonconforming use or structure review, and"Shoreline Variance"to the Type II section of the table Page 2 of 4 Staff Report and Recommendation CTA-2015-0005 SVMC 17.80.030(C)was added to clarify that additional or modified procedure provided in SVMC 21.50 may apply. SVMC 17.90 Table 17.90-1 Decision/Appeal Authority was modified to specify the shoreline permits that are appealed to the Shoreline Hearings Board. Compliance and enforcement language was modified. SVMC 18.20.030 Powers and Duties: Eliminate"Conditional use permits and variances under the shoreline master program"from the matters the hearing examiner will hear and renumber the remaining items within that section. 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: Chapter 8 - Natural Environment Element of the Comprehensive Plan includes the goals and policies of the Shoreline Master Program as goals and policies of the Comprehensive Plan. The amendments are consistent with the SMP and because the goals and policies of the SMP are included as goals and policies of the Comprehensive Plan they are therefore consistent with both. (2) The proposed amendment bears a substantial relation to public health,safety, welfare,and protection of the environment; Staff Analysis: The amendments are consistent with the Shoreline Master Program whose purpose is to protect the public interest in the shoreline,preserve the natural character of the shoreline,advocate long term over short term benefit,protect the resources and ecology of the shoreline,increase public access to publicly owned shoreline areas, and increase public recreational opportunities in shoreline areas. For this reason the amendments bear a substantial relation to public health,safety, welfare,and protection of the environment. 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 has not been initiated for CTA-2015-0005 as of the date of this report. 3. Finding and Conclusions Specific to Agency Comments a. Findings: No agency comments have been received to date. b. Conclusion(s): Page 3 of 4 Staff Report and Recommendation CTA-2015-0005 C. OVERALL CONCLUSION The proposed code text amendment is consistent with the Comprehensive Plans policies and goals. D. STAFF RECOMMENDATION Forward the proposed amendment to City Council with a recommendation to approve. Page 4 of 4 Spokane COMMUNITY DEVELOPMENT PLANNING DIVISION �2- Planning Commission Administrative Report August 27, 2015 Shoreline Master Program (SMP) Update Amendments Spokane Valley Municipal Code Title 17, Title 18 and Appendix A Valley COMMUNITY DEVELOPMENT ANNING DIVISION Purpose of Amendments Update the Spokane Valley Municipal Code (SVMC) to reflect changes in the Shoreline Master Program Ordinance No. 14-020 adopted the Shoreline Master Program effective December 17, 2014 Code compliance housekeeping jvCOMMUNITY DEVELOPMENT PLANNING DIVISION SVMC Changes • SVMC Appendix A — Definitions • SVMC 17.80 — Permit Processing Procedures • SVMC 17.90 - Appeals • SVMC 18.20.030 — Powers and Duties j� COMMUNITY DEVELOPMENT PLANNING DIVISION `T= SVMC Appendix A • Deletes shoreline specific definitions that are included in the Shoreline Master Program definitions. COMMUNITY DEVELOPMENT.0001;Valley PLANNING DIVISION Appendix A - Definitions Ecological function. no net lose of: The aggregate impact of an improvement, disturbance or encroachment of a shoreline which does not result in an overall of ecological function. Any shoreline degradation is concurrently offset by an enhancement of ecological function on the same site or on property within 1,000 feet of the site which equals or exceeds the scope and ecological value (or function) of the degraded resource. Ecological functions or shoreline functions: The work performed or role played by the physical, chemical, constitute the shoreline's natural ecosystem. See WAC 173-26-200(2)(d). Ecologist, qualified: A person who has obtained an undergraduate and/or graduate degree in one of the environmental sciences such as but not limited to biology, zoology, botany, wildlife management or bioengineering from an accredited college or university and has a minimum of two years of field experience evaluating the impacts of human encroachments on riparian fish and wildlife habitats and on riparian vegetation species. 5 Siidlcane COMMUNITY DEVELOPMENT PUNNING DIVISION Appendix A - Definitions Landfill: A licensed facility for the sanitary disposal of solid waste. Landfill. shoreline: The placement of soil, excavated material or spoil within the shoreline jurisdiction. Landscape materials sales lot: The retail sale of organic and inorganic materials including, but not limited to, soil and soil amendment, bark, sod, gravel, pea gravel, hardscape products, crushed rock, river rock and landscape boulders primarily used for landscaping and site preparation purposes. The exclusive sale of horticultural or floricultural stock that is permitted in a commercial greenhouse or nursery-wholesale shall not be considered landscape materials. SiSolcane COMMUNITY DEVELOPMENT PLANNING DIVISION Appendix A - Definitions Nonconforming: A lot, use, building, or structure, which was legal when commenced or built, but which does not conform to subsequently enacted or amended regulations pursuant to SVMC 19.20.060. Nonconforming use, shoreline: A use located within the shoreline jurisdiction which does not conform to the requirements of the Shoreline Management Act (Chapter 90.58 ROW). Nursing home: See "Convalescent home/nursing home." WIERVIPIT e SiidlcaneValley COMMUNITY DEVELOPMENT PLANNING DIVISION Appendix A - Definitions Orchard, tree farming, commercial: A planting of trees producing fruit and/or nuts and the cultivation of trees for the purpose of sale. Ordinary high-water mark (OHWM): A mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters arc so common and usual, and so long continued in all the ordinary high-water mark cannot be found, the ordinary high-water mark adjoining freshwater shall be the line of moan high water, Overlay zone: A zoning designation that supplements the provisions of the underlying zone within a specified geographic area. Val COMMUNITY DEVELOPMENT PLANNING DIVISION Appendix A - Definitions hvrelands or shoreland areas: Those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high-water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes (RCVS' 98.58.030(2)(d)). Shoreline environment: The classification of shorelines based on the existing use pattern, the biological and physical character of the shoreline, consistent with WAC 173-26-211(4) and (5). 9 COMMUNITY DEVELOPMENT PLANNING DIVISION Appendix A - Definitions property and dwellings or other structures caused by natural proces-ses, such as current, flood, wind, or wave action. Shoreline restoration: The rcvcgctation of a shoreline site cleared of vegetation and not covered by structures or occupied by other improvements following completion of a project. Shoreline substantial development: Any development of which the total cost or fair market value exceeds the dollar amount sct forth in Chapter 90.58 ROW and Chapter 173 26 WAC for any improvement of property in the shoreline of the state. C) COMMUNITY DEVELOPMENT PLANNING DIVISION .0.0 Valley Appendix A - Definitions Water dependent: A use or activity dependent on a waterfront location including, but not limited to, bridges, marinas, dams for domestic/industrial water supply, flood control, and/or hydroelectric production; water diversion structures and facilities for water supply, irrigation andior fisheries enhancement; flood water and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; structural and nonstructural flood damage reduction facilities, and stream bank stabilization structures and practices. Water related: A use or activity not intrinsically dependent on a waterfront location including, but not limited to, facilities that provide water sports equipment and services, restaurants providing water views, recreational vehicle parks, and public parks. Water related industry: Water related industries arc those requiring water transportation or those which seek the advantage of water transportation as an alternative to other modes, and those which use or recycle large quantities of water. jvCOMMUNITY DEVELOPMENT PLANNING DIVISION SVMC 17 . 80 . 020 • Modify Table 17 . 80- 1 - Permit Type and Land Use Application by adding four new permit types and eliminating one . • Add language to identify procedures that may apply in SVMC 21 . 50 SOU ne COMMUNITY DEVELOPMENT } -PLANNING Valley DIVISION SVMC 17.80-1 Permit Types and Land Use Application Type 1Home occupation permit 19,40140 Shoreline letter of exemption 21 ,50 Minor modifications of development agreements 19.30.015(1) Record of survey to establish lots within a binding site plan 20,60,040 Right-of-way permits 22.13 ,100 Shoreline permit exemption (dock permit) 21 ,50 Site plan review 19.130 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision or binding site plan 20,30,060 SiielcaneCOMMUNITY DEVELOPMENT } -PLANNING Valley DIVISION SVMC 17.80-1 Permit Types and Land Use Application Alterations — Preliminary and final subdivisions, short subdivisions, binding site 20.50 plans Binding site plan — Preliminary and final 20.50 Binding site plan — Change of conditions 20.50 SEPA threshold determination 21 ,20,060 Shoreline conditional use permit 21 .50 Type II Shoreline nonconforming use or structure review 21 .50 Shoreline substantial development permit 21 ,50 Shoreline variance 21 .50 Short subdivision — Preliminary and final 20.30, 20,40 Preliminary short subdivision, binding site plan — Change of conditions 20.30 Wireless communication facilities 22.120 COMMUNITY DEVELOPMENT } -PLANNING DIVISION .0,00 Valley SVMC 17.80-1 Permit Types and Land Use Application B. Assignment by Director. Land use and development applications not defined in SVMC Table 17,80-1 shall be assigned a type by the director, unless exempt under SVMC 17.80.040. When one or more than one procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the procedures set forth in SVMC 17.80, subject to any additional or modified procedures provided in SVMC 21 ,50, including submittals, completeness review, notices, hearings, and decisions. 15 j� COMMUNITY DEVELOPMENT PLANNING DIVISION `T= SVMC 17 . 90 • Modify Table 17 . 90- 1 — Decision/Appeals Authority to specifying permits that are appealed to the Shoreline Hearings Board . • Compliance and enforcement housekeeping COMMUNITY DEVELOPMENT PLANNING DI� . Val VISION SVMC 17 . 80 Permit Types Shoreline development permiteShoreline substantial Shoreline Hearings Board (RCW 90.58.180) development permit, Shoreline conditional use permit. Shoreline variance Compliance and enforcement decisions (Chapter 17.100 Appeal authorityHearing Examiner (SVM0 SVMC) 17.90.040); further appeal to superior court (Chapter 36.700 ROW) Not ce a-c: ofc;.ee of v o at o^ Hearing examiner (SVMC 17,90,040); further appeal to superior court 17 j� COMMUNITY DEVELOPMENT PLANNING DIVISION `T= SVMC 18 . 20 . 030 Powers and duties • Remove "Conditional use permits and variance under the shoreline master program" from matters the hearing examiner shall hear. • Add "Shoreline letter of exemption" COMMUNITY DEVELOPMENT PLANNING DIVISION SVMC 18 . 20 Hearing Examiner 5. The hearing examiner shall hear the following matters: a. Variances: b. Conditional use permits; c. Special use permits; d. Shoreline letter of exemptionConditional use permits and variances under the shoreline master program; e. Preliminary plats; f. Appeals from any administrative decision of the department of community development or the building official in the administration or enforcement of the Spokane Valley Uniform Development Code or other land use code or regulation;