The URL can be used to link to this page

Agenda 01/11/2007 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers - City Hall 11707 E. Sprague Avenue January 11, 2007 6:00 to 9:00 pm Corrected Copy I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS Old Business — Continued Public Hearing STV-03-06 Eastern Street, located between Lake and Dyer St. New Business - Public Hearing Uniform Development Code Title 21, Environmental Controls X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF Gail Kogle, Chair Marina Sukup, AICP Robert Blum, Vice-Chair Greg McCormick, AICP Fred Beaulac Scott Kuhta, AICP John G. Carroll Mike Basinger, AICP David Crosby Cary Driskell, Deputy City Attorney Ian Robertson Deanna Griffith Marcia Sands www.spokanevalley.org Department of Community Development Spiikunc lq Planning Division Staff Report and Recommendations to the Planning Commission STV-03-06 Project Description: The request is to vacate a portion of EASTERN STREET located south of Dean Avenue and north of Mallon Avenue between Lake Street and Dyer Street. The applicant is requesting to vacate this Street to extend their operations for parking between the two structures adjacent to Eastern Street. December 14,2006 Staff Report and Recommendations to the Planning Commission for STV-03-06 Department of Community Development j�'al� Planning Division a; , Application Processing O Application Submittal= September 13, 2006 O Determination of Complete Application = October 11, 2006 O Setting of Public Hearing Date=October 24, 2006 O Published Notice of Public Hearing=November 17, 2006 0 Mailed and Posted Notice of Public Hearing=November 17, 2006 December 14,2006 Staff Report and Recommendations to the Planning Commission for STV-03-06 1 Sp'iil:anc/• Department of Community Development .....*Val Planning Division Vicinity Map Area of right- 11-11111111.0 i ht- of-��ay ��r y vacation !, Ill ' r ��....{� ! d 'J•..: \ro Y,,'i, 1111P0 MIN ' A. .YL'Clt:liLf:i, S4 :. i •moi i •,. .0110..... . .. A. r tun Om or/ror"---- F-1 .i „ ..m..,... _____- ,,..„..... „. !mot!"I JU• ' �:_ . / 000 Impoixtil. .' ! 'M�1�■R z__ i. N 1, I ., I _. December 14,2006 Staff Report and Recommendations to the Planning Commission for STV-03-06 Spikan~ Department of Community Development ; ;,�� j%ll , Planning Division Existing Conditions _7"... 1 35132 1452 35132.1403 35132.1440 / i haauon Area of right-of-way N vacation December 14,2006 Staff Report and Recommendations to the Planning Commission for STV-03-06 2 Spol:a . "" "'- Department of Community Development I nc jMil liiimis Planning Division Current Proposal ..:,....... a.• 1 , L Most recent commercial pre- f,,„ 4.,e ;'i application meeting on 10-10-06 ��— proposed to use the vacated street xr # ,Y ti ,o' for parking and circulation al • }K� between existing parcels owned 1:^1 {I _ by Penske Truck Leasing Co. -- ��—I *TING r. r Area of right-of- • _,,;;•—---=- / war -' n�'. .rM N way vacation «« -/ \'�\\Gx.. a I(41 NUE , 'r.r.... } cr.wmt-s ..: , io a'I. J December 14,2006 Staff Report and Recommendations to the Planning Commission for STV-03-06 Spokane Department of Community Development .. _. •71'i;,..- . jValI , Planning Division .art..._ 2005 Aerial Photo << .Z=a , 1 1,_11.:.4;2,,1 --- "g- " /gip' 'lir if c r e Air' ' a .1 _ � ,mr--z h 1 ~® 'fir,...,.. a. i — •. — I ;� 1 �tit i1,J{�. 11 r Area to be vacated ---- -. : I I:• L Y { Parcels abutting ROW to be vacated ' December 14,2006 Staff Report and Recommendations to the Planning Commission for STV-03-06 3 Department of Community Development jMi :, Planning Division Facing SOUTH at Dean Avenue tt I' - _ \LJlon%. eue. J, •' it 1 i,'.dir.11 ;:: c: t t .r_ • _c..:_.__..__._ ___.___.____-._._-'.'_.'-..'--___._,___- _. Dean Avenue __.____._.__ December 14,2006 Staff Report and Recommendations to the Planning Commission for STV-03-06 /\•-•. Department of Community Development I SiiVa1't'°wlimr Planning Division Facing NORTH at Mallon Avenue y9 Ii t,, I II _ n ! ' If r y � i �` e . 6i• ••A ..w,ireir 0.,„,fr, . - .-.,_ .,... .: Irf::iY Erte Y •Y :1'.1.. �wr:iu:::.4=.. Iu.. - Mallon Avenue December 14.2006 Staff Report and Recommendations to the Planning Commission for STV-03-0G 4 Department of Community Development L. Planning Division Findings & Conclusions: O The vacation of the street will permit full development of the property for beneficial uses to the abutting properties (Penske Truck Leasing Company). O The Public Works Department does not support the vacation request. The Street is needed for public use, access and preservation of the existing street grid system. December 14.2006 Staff Report and Recommendations to the Planning Commission for STV-03-06 Department of Community Development Spiikanc Planning Division Staff's Recommendation STV-03-06= Recommend DENIAL to the City Council December 14.2006 Staff Report and Recommendations to the Planning Commission for STV-03-06 5 s_ � Department of Community Development Planning Division Uniform Development Code Title 21 - Environmental Controls Public Hearing January 11 , 2007 --";%—. Department of Community Development jUalle Planning Division Major Components +21 .20 State Environmental Policy Act (SEPA) ❖21 .30 Floodplain Regulations +21 .40 Critical Areas ❖21 .50 Shorelines 1 Department of Community Development j , Planning Division 21 .20 SEPA ❖ Responsible Official & Lead Agency ❖Categorical Exemptions • Flexible Thresholds (Policy Discussion) ❖Threshold Determinations • Determination of Nonsignificance • Mitigated Determination of Nonsignificance Determination of Significance ❖Environmental Impact Statements (EIS) ❖Use of Existing Environmental Documents ❖Agency Decisions, Conditions & Appeals ❖SEPA Forms oIc/�anc Department of Community Development • j�alky� Planning Division 21 .30 Floodplains ❖Definitions (specific to floodplains) ❖Administration ❖Variance Provisions ❖Flood Hazard Reduction ❖FIRM (flood insurance rate map) 2 Sp /ukanc•—. Department of Community Development j�alk _ Planning Division 21 .40 Critical Areas ❖ Wetlands Classification & Rating Buffer Areas (DNR alternatives policy discussion-one or three) Mitigation Plan (when required) Mitigation & Restoration ❖ Fish and Wildlife Habitat Areas Priority Habitats Wetlands Riparian fish and wildlife ❖ Geological Hazardous Areas Erosion and Landslide Hazard Areas Evaluation and Mitigation Plan ❖ Critical Aquifer Recharge Areas Aquifer Susceptibility Wellhead Protection - Regulated Uses Department of Community Development Spiikanc j�l�tea, Planning Division 21 .50 Shoreline Management & Restoration ❖Permitted, Conditional & Limited Land Uses ❖General Provisions ❖Shoreline Substantial Development Permit •:Conditional Use Permits & Variances (Policy discussion: no new docks, no new bulkheads, setback and size and alignment of docks) 3 / ' Department of Community Development jMi�lk , aimemor: Planning Division Appendix •:•SEPA Forms Environmental Checklist Assumption of Lead Agency Status --Determination of Significance/Scoping --Determination of Nonsignificance Adoption of Existing Environmental Documents -Notice of Action ❖Pertinent WAC Provisions rSigr� Department of Community Development anc Planning Division _-- Questions? 4 NP?s Planning*mane Comm - ss- on Si Valle ° Sign n In 9 DATE: - 'eo w 3-5-1/L� sp:• NAME(PLEASE PRINT) ADDRESS TELEPHONE E-MAILtom ' i.7 A./ /y /O ,IMT/tel 3 Z '3 7 ( ell v `D' I (kk �c,V�v (�2 `�2 S• Q/p,�� 6c .�S��ILS�� G— (, S16,0 Occs R ,G O\ • CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: January 11,2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑old business ®new business ®public hearing ❑ information ❑ admin.report ❑ pending legislation AGENDA ITEM TITLE: Continued public hearing for a right-of-way vacation request (STV-03-06) for the vacation of Eastern Street located south of Dean Avenue and north of Mallon Avenue between Lake and Dyer Street. PREVIOUS ACTION TAKEN: City Council adopted Resolution No. 06-019 on October 24, 2006 setting the date for a public hearing. The Planning Commission held a public hearing on December 14, 2006 and by a 5-1 vote continued the public hearing to January 11,2007. a�, r ii-j __ ,. x 1 i, d�� 1'- �. t� 'f �• r ' ' ,._mss., 1.' j - T.- `• .. ivzoi 1 ._% �[,,,v.. I • rT j. _ .�' FI i),..,4,11,,A.1.,...2-_- . er -t I - -% c ,.S ,-.! rt } 51:: C 1 .,' r11z11k himming. __.-._ � t fi.i� - i-,.t - i^ 4 — ` ala -.- 1 ---. -, 1 :_ t ._, 19 _ !' _ y ..ail. =:,f ill ,, 1 JiH _ -__ . 1 - ,A` Area to be vacated (� 1 -' • s .1'1, . '4 Parcels abutting ROW to be .""" "1 vacated I. 1 13i~ IL.a►;; BACKGROUND: The applicant's representative Frank Ide, Taylor Engineers on behalf of the owner Penske Truck Leasing Company requests the vacation of Eastern Street located south of Dean Avenue and north of Mallon Avenue between Lake and Dyer Street. The section of Eastern Avenue is 60 feet wide by 220 feet deep located between Parcel Nos. 35132.1403, 35132.1440(east)and 35132.1452(west). FINDINGS: The Planning Commission must make findings on the following as part of their recommendation to City Council: 1. Whether a change of use or vacation of the street or alley will better serve the public; 2. Whether the street or alley is no longer required for public use or public access; 3. Whether the substitution of a new and different public way would be more useful to the public; 4. Whether conditions may change in the future as to provide a greater use or need than presently exists; and 5. Objections to the proposed vacation made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public. OPTION: Recommend approval, approve with conditions, or recommend denial. RECOIVIlVIENDATION: Denial of right-of-way vacation for Eastern Street located south of Dean Avenue and north Mallon Avenue. STAFF CONTACT: Karen Kendall,Assistant Planner ATTACHMENTS: Exhibit 1: Updated Staff Report dated January 3,2007 Exhibit 2: Findings and Recommendations to the City of Spokane Valley Planning Commission Exhibit 3: Public Comment dated December 21,2006 Exhibit 4: Correspondence between commenter and staff clarifying location of CHS property EXHIBIT 1 Spoxkane Valley UPDATED STAFF REPORT PROPOSED VACATION OF A PORTION OF EASTERN STREET Prepared by: Karen Kendall,Assistant Planner,Department of Community Development Date: January 3,2007 Findings: Additional comments have been received and/or added from the December 6, 2006 staff report and shown below in italics. 1. Abutting Properties-The right-of-way proposed for vacation is located south of Dean Avenue and north of Mallon Avenue between Lake and Dyer Street. The portion of Eastern Street proposed to be vacated is bordered on the east and west by Penske Truck Leasing Company who's requesting the proposed action. Following the December 14, 2006 public hearing I received a public comment(exhibit 3)from Kenney Evans at CHS, Inc on December 21, 2006 expressing opposition to the street vacation of Eastern Street. The comment states CHS trucks use Eastern Street as a `straight shot'into their property. In addition, trucks are parked along Dean Avenue which is'not desirable alternative'as stated in comment letter. The property is directly north of the proposed area to be vacated(see clarifying emails in exhibit 4). 2. Utilities—Comments were received from City of Spokane Water and Sewer Department,Qwest and Avista Utilities. Qwest and Avista commented on the need to require preservation of easements for their services located in the portion Eastern Street proposed for vacation. 3. Access—The portion of Eastern Street connects Dean Avenue to Broadway Avenue approximately 500 feet in length. The three(3)existing parcels abutting the proposed right-of- way vacation area all have access onto Eastern Street,Dean Avenue and Mallon Avenue. The City of Spokane Valley Public Works Department preformed a need analysis and conclude the there is a need for Eastern Street to preserve the existing street grid system. Following the December 14, 2006 public hearing no additional comments have been received from the City's Public Works Department. 4. Zoning-Zoning abutting the east and west of the portion of Eastern Street and to the north of the subject area(Dean Avenue) is Light Industrial(I-2). To the south of the subject area(Mallon Avenue) is Regional Commercial(B-3)to the east of Eastern and Light Industrial(I-2)west of Eastern Street. The three parcels which abut the proposed street vacation are in the City's Comprehensive Plan Designation as Heavy Industrial. 5. Transportation—The portion of Eastern Street proposing to be vacated provides access from Dean Avenue north of subject area to Broadway Avenue located approximately 500 feet south. 6. Condition-The proposed portion of Eastern Street is improved only with asphalt. 7. Assignment of Vacated portions of right-of-way-Absent objections from abutting properties owners,right-of-way should be assigned to the petitioners, inasmuch as it appears that any portion of the right-of-way to which they would lay claim will be transferred to them through completion and a positive approval of the vacation. Abutting property owners have received notice of the proposed vacation. Conclusions: 1. The vacation of the street/alley will permit full development of the property for beneficial uses to the abutting properties (Penske Truck Leasing Company). The applicant, Penske Truck Leasing Company is proposing to use the area vacated for a parking lot and expansion of buildings as submitted in October 2006 for a commercial pre-application meeting with City Staff. 2. The Public Works Department submitted comments which analyzed the need of Eastern Street between Dean Avenue and Mallon Avenue for future use and responded by specifying the requested portion is needed for public use and public access to preserve the existing street grid system. 3. City of Spokane Valley Public Works Department does not support the vacation of the portion of Eastern Street located south Dean Avenue and north Mallon Avenue. 4. Public comment received on December 21, 2006 stated opposition due to Eastern Street is the main access route to property addresses as 6225 East Dean Avenue (parcel number 35132.1111). EXHIBIT 2 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION January 11,2007 Findings. 1. The Planning Commission held a public hearing on December 14,2006 to receive testimony concerning the vacation of a portion of Eastern Street located north of Dean Avenue and south Mallon Avenue. The date of the hearing was set by City Council on October 24,2006 by Spokane Valley Resolution No. 06-019. Notice of the hearing was published on November 17, 2006 in the Valley Herald,the official newspaper of the City,was posted in three conspicuous locations within the City,was provided to the petitioners and abutting property owners,and a sign was placed on the property providing notice of the hearing also completed on November 17, 2006. 2. Planning Commission continued the public hearing to January 11,2006 by a 5-1 vote in order to give the applicant additional time to speak with the City's Public Works Director and receive additional comments from Public Works staff. No addition comments from the Public Works Department were submitted. 3. One public comment was received December 21,2006 stating opposition to the street vacation. 4. The Planning Commission reviewed the updated staff report prepared on January 3,2007 by the Spokane Valley Community Development Department in detail. 5. The vacation of the street/alley will permit full development of the property for beneficial uses to the abutting properties (Penske Truck Leasing Company). The applicant, Penske Truck Leasing Company is proposing to use the area vacated for a parking lot and expansion of buildings as submitted in October 2006 for a commercial pre-application meeting with City Staff. 6. The Public Works Department submitted comments which analyzed the need of Eastern Street between Dean Avenue and Mallon Avenue for future use and responded by specifying the requested portion is needed for public use and public access to preserve the existing street grid system. 7. City of Spokane Valley Public Works Department does not support the vacation of the portion of Eastern Street located south Dean Avenue and north Mallon Avenue. Conclusions. The Spokane Valley Planning Commission therefore recommends to the City Council the request to vacate a portion of Eastern Street located south Dean Avenue and north Mallon Avenue be denied. Approved this 11i'day of January,2007 Gail Kogle, Chairman ATTEST Deanna Griffith,Administrative Assistant EXHIBIT 3 Page 1 of 1 Karen Kendall From: Evans, Kenny [Kenny.Evans@chsinc.com] Sent: Thursday, December 21, 2006 10:04 AM To: Karen Kendall Cc: Johnson, Keith; Corbit, Tom Subject: CHS Inc, letter of opposition Attachments: penske letter of opposition.doc Karen, please find attached a letter expressing our opposition to a petition to vacate. File#STV-03-06. Please give me a call if you need anything else. Thanks, Kenney. Kenney R. Evans Terminal Manager CHS Transportation, Pasco 877-314-0947 (509) 545-6963 FAX (509) 531-6739 CELL This outbound email has been scanned for all viruses by the MessageLabs Skyscan service. For more information please visit ht.t.p://www.messagelabs.com/email 12/27/2006 December 21, 2006 Karen Kendall City of Spokane Re: STV-03-06 Karen, I would like to express our opposition to a petition made by Penske to vacate a street for private use. This is the main entrance that our trucks use to enter our property on 6225 Dean St. If this street were closed it would make it very difficult for us to access our property. Dean street always has trucks and equipment parked on it, which makes it a less than desirable alternative for us. Our trucks currently use this street as the main entrance to our property, as it is a straight in shot for us. Because of all the equipment parked on Dean street, we may not be able to get into our property if this petition is granted. Please consider this letter, CHS's formal opposition to this petition. Sincerely; Kenney R. Evans CHS Inc. (509) 545-1808 Page 1 of 2 Karen Kendall From: Evans, Kenny [Kenny.Evans@chsinc.com] Sent: Wednesday, December 27, 2006 11:45 AM To: Karen Kendall Subject: RE: CHS Inc, letter of opposition Karen, our parcel is the middle one. Kenney. From: Karen Kendall [mailto:kkendall@spokanevalley.org] Sent: Friday, December 22, 2006 2:20 PM To: Evans, Kenny Subject: RE: CHS Inc, letter of opposition Mr.Evans, Thank you. I'm in receipt of your comments and will forward them on for review. To better help us locate your business please describe the location from the attached vicinity map. I have made an CX'on the parcels of property possibly associated with your business. Please email the map back with location or describe location in email. Thanks and have a Merry Christmas. KAREN KENDALL Ctt� of spolzawe valleu Covu.vu.uvatu pevelop t&ev.t Aeparvutevit 11707-East.Sprague Avewve .Spolzawe valley, WA_.2.920O (5o9) 02'2-017-2 (525)921-1002 rax From: Evans, Kenny [mailto:Kenny.Evans@chsinc.com] Sent: Thursday, December 21, 2006 10:04 AM To: Karen Kendall Cc: Johnson, Keith; Corbit,Tom Subject: CHS Inc, letter of opposition Karen, please find attached a letter expressing our opposition to a petition to vacate. File#STV-03-06. Please give me a call if you need anything else. Thanks, Kenney. Kenney R. Evans Terminal Manager CHS Transportation, Pasco 877-314-0947 (509) 545-6963 FAX (509) 531-6739 CELL This outbound email has been scanned for all viruses by the MessageLabs Skyscan service. 12/27/2006 Page 2 of 2 For more information please visit http://www.messagelabs.com/email This inbound email has been scanned for all viruses by the MessageLabs SkyScan service. This outbound email has been scanned for all viruses by the MessageLabs Skyscan service. For more information please visit http://www.messagelabs.com/email • 12/27/2006 EXHIBIT 4 Vicinity Map in relation to CHS Property location. ' larionillill I Ix lipUi 41.1 Dean Avenue i I I I I MI I � � r' til. Mallon Avenue rr r Area proposed to be 1 as vacated (STV-03-06) A no limmiii r•.tir t.krr3d' 44 Page 1 of 2 Karen Kendall From: Neil Kersten Sent: Thursday, January 04, 2007 3:32 PM To: Karen Kendall; Marina Sukup Cc: John Hohman; Henry Allen;Alysa Wiyrick; Greg McCormick; Deanna Griffith Subject: RE: Update regarding public hearing on 12-14-06 for Eastern Street Vacation (STV-03-06) Marina, Below are responses to Karen's comments. Since the applicant has not contacted me since the Planning Commission meeting I am not sure of the need to attend the meeting. Also, we have discussed this issue at our managers meeting and I believe we are all in agreement regarding the comments below. Let me know if you still want me to attend the meeting. 2. Additional information regarding the proposed vacation: The street proposed for vacation was recently rated by JUB Engineering and is in excellent condition. The street vacation proposes to vacate a street in the City's street grid system. The vacation would reduce access and connectivity for all modes of travel in this location. Public Works would typically not recommend vacations that have an impact on access,street connectivity or may have possibility future uses by the City. These would typically be dead-end streets or undeveloped ROW that clearly has no future use to the City. 3. The engineer for the applicant did call me prior to the last Planning Commission meeting and complained that they had turned in the request on 9/13/06 and wondered why I had not received it until 11/21/06. I asked the engineer if he had a history of traffic accidents and he indicated that he did not. I have not been contacted since the Planning Commission meeting. Thanks, Neil From: Karen Kendall Sent: Monday, December 18, 2006 11:18 AM To: Neil Kersten Cc: John Hohman; Henry Allen; Alysa Wiyrick; Greg McCormick; Deanna Griffith Subject: Update regarding public hearing on 12-14-06 for Eastern Street Vacation (STV-03-06) wanted to provide you with a recap of what happened on Thursday regarding the street vacation public hearing with the Planning Commission. The Planning Commission after receiving public comments deliberated about the street vacation. Three of the six Commission members did not have ade9uate reasoning from PW to address the denial and felt an approval was acceptable. The other 3 Commission members were not satisfied without hearingform a PW staff member for justification on a denial. A motion for approval of the vacation failed due to being 3 for and 3 against. The following things below contributed to a continuance by the Planning Commission. .Could not come to a decision; 1/5/2007 Page 2 of 2 2.. Not enough information regarding the denial from PW;and 3.The applicant re9uested a continuance to further speak with Neil about the recommended denial. The public hearing has been continued to January 11,2007 @ 6:00 pm. I will be producing another staff report due on January 3,2007 for the Planning Commission if you'd like to submit additional comments. Additionally,the Planning Commission would like if a PW staff member did attend to answer 9uestions. Thanks. • Ic AReN NAALL • eitu of.Spolzawe valleu Cowtimuwlttu Development Department 11707 East Sprao,ue Avenue Spol2ane valleuj, WA 99200 (5o9) 088-o172 (509)921-1oo8 rax 1/5/2007 Department of Community Dowiopmmt ,'...' _.:. j.•.. __. Planning Division •�.:::+�..... CONTINUNED PUBLIC HEARING Staff Report and Recommendations to the Planning Commission STV-03-06 Project Description: The request is to vacate a portion of EASTERN STREET located south of Dean Avenue and north of Mallon Avenue between Lake Street and Dyer Street.The applicant is requesting to vacate this Street to extend their operations for parking between the two structures adjacent to Eastern Street. lane.11.2007 Cm.*Pale nvbs..m as Aimia Consuls=s.mma Department or Community Development'.,.. _.. Planning Division '..."•,.... Vicinity Map 1111111 IVT.WI,NWIN --A- omb a II.200, Coma Pahl.Nark, a.Am.C®m fir 07.07-00 Department of Community Development ..11 .afR_till��p t � r" ri " l C _ _i ri .wmt<m.-•a 2005 Aerial Photo - . -P... mb..caul T0am112007 ComiemiPais lieN p arMean.Coalmm fa m-03-06 1 ` R Planning Divivion Facin_ SOUTH at Dean Avenue • lame.1120Ul Cmemea Polak Am.g with e.Amro,Gagam tor STV.-06 ..�, .. Department of Community Development - Planning Diviuoa Facing NORTH at Mallon Avenue ,,lam: . I" •lam.•111t6a Cmemm Pinar Harv,rim the MM.C®nim for STV-CB-06 `-Department of Commlmity Development' ':'' Planning Division yb� Facing NORTH of Dean Avenue on Eastern Street • k Received public comment ,Y. •+�, .'�C'�' '�" �,- on 12-21-66 is opposition 1#"y' i 't'�,d,ti••--•t+ to street vacation. tomer II 2Ml Cme.uM Public Muria, the Amroy Ceemidm fm STV-03-06 2 Department of Community Development'' ' _._... Planning Division y.... Staff's Recommendation STV-03-06= Recommend DENIAL to the City Council Immr 11 loo, CagemedPmtic nmiy.mCatsamiaa far STV- 3 Public Hearing Draft Shoreline Master Program 8.5 SHORELINE MASTER PROGRAM [To be incorporated into the Spokane Valley Comprehensive Plan] 8.5.1. Planning Context The goals, policies and regulations of the Shoreline Management Program are promulgated under the authority of and pursuant to the requirements of Chapter 90.58 RCW, the Shoreline Management Act of 1971, Shoreline Master Program Planning Guidelines WAC 173-26 and Shoreline Management Permit and Enforcement Procedures WAC 173-27, and Chapter 8— Natural Resources of the Spokane Valley Comprehensive Plan The Shoreline Management Act (SMA) further designates "natural rivers or segments thereof' that have a mean annual flow of two hundred (200) cubic feet per second (cfs) and lakes of 20 acres or more in size, or more, as shorelines of statewide significance. The interests of all of the people of the State shall be considered in the management of shorelines of statewide significance. Accordingly, preference is given to uses and development that meet the following principles: a. Recognize and protect the statewide interest over local interest; b. Preserve the natural character of the shoreline; c. Result in long-term over short-term benefits; d. Protect the resources and ecology of the shoreline; e. Increase public access to publicly owned areas of the shoreline; and f. Increase recreational opportunities for the public on the shorelines. g. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. Pursuant to RCW 90.58.100 the SMP shall include: a. An economic development element for the location and design of industries, industrial projects of statewide significance, transportation facilities, port facilities, tourist facilities, commerce and other developments that are particularly dependent on their location on or use of the shorelines of the state; b. A public access element making provision for public access to publicly owned areas; c. A recreational element for the preservation and enlargement of recreational opportunities, including but not limited to parks, tidelands, beaches, and recreational areas; d. A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities and facilities, all correlated with the shoreline use element; e. A use element which considers the proposed general distribution and general location and extent of the use on shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, natural resources, recreation, education, public buildings and grounds, and other categories of public and private uses of the land; f. A conservation element for the preservation of natural resources, including but not limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife protection; Page 1 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program g. An historic, cultural, scientific, and educational element for the protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational values; h. An element that gives consideration to the statewide interest in the prevention and minimization of flood damages; and i. Any other element deemed appropriate or necessary to effectuate the policy of this chapter. RCW 90.58.100 the SMP also requires that "(6) Each master program shall contain standards governing the protection of single family residences and appurtenant structures against damage or loss due to shoreline erosion. The standards shall govern the issuance of substantial development permits for shoreline protection, including structural methods such as construction of bulkheads, and nonstructural methods of protection. The standards shall provide for methods which achieve effective and timely protection against loss or damage to single family residences and appurtenant structures due to shoreline erosion. The standards shall provide a preference for permit issuance for measures to protect single family residences occupied prior to January 1, 1992, where the proposed measure is designed to minimize harm to the shoreline natural environment." In 2003 c 321: "(1) The legislature finds that the final decision and order in Everett Shorelines Coalition v. City of Everett and Washington State Department of Ecology, Case No. 02-3-0009c, issued on January 9, 2003, by the central Puget Sound growth management hearings board was a case of first impression interpreting the addition of the shoreline management act into the growth management act, and that the board considered the appeal and issued its final order and decision without the benefit of shorelines guidelines to provide guidance on the implementation of the shoreline management act and the adoption of shoreline master programs. (2) This act is intended to affirm the legislature's intent that: (a) The shoreline management act be read, interpreted, applied, and implemented as a whole consistent with decisions of the shoreline hearings board and Washington courts prior to the decision of the central Puget Sound growth management hearings board in Everett Shorelines Coalition v. City of Everett and Washington State Department of Ecology; (b) The goals of the growth management act, including the goals and policies of the shoreline management act, set forth in RCW 36.70A.020 and included in RCW 36.70A.020 by RCW 36.70A.480, continue to be listed without an order of priority; and (c) Shorelines of statewide significance may include critical areas as defined by RCW 36.70A.030(5), but that shorelines of statewide significance are not critical areas simply because they are shorelines of statewide significance. (3) The legislature intends that critical areas within the jurisdiction of the shoreline management act shall be governed by the shoreline management act and that critical areas outside the jurisdiction of the shoreline management act shall be governed by the growth management act. The legislature further intends that the quality of information currently required by the shoreline management act to be applied to the protection of critical areas within shorelines of the state shall not be limited or changed by the provisions of the growth management act." [2003 c 321 § 1.] Page 2 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program 8.5.2 Scope and Application The Spokane Valley Shoreline Management& Restoration Program has been fully integrated within the planning and regulatory framework of the City including: 1. The Shoreline Goals, Policies and Shoreline designations set forth herein and incorporated into Chapter 8 of the Spokane Valley Comprehensive Plan. 2. The regulations set forth in Spokane Valley Municipal Code Title 21 Environmental Controls. 3. The Official Shoreline Designation Map maintained in the Department of Planning & Community Development included in Chapter 8 of the Comprehensive Plan. 4. Inventory and Assessment was conducted by Landau Associates, July 2005, adopted by reference. 5. Department of Natural Resources Stream Typing, 2006. 6. Department of Natural Resources Reclamation Permit data. 7. Spokane County Conservation District Shoreline Inventory &Assessment, January 2005, adopted by reference. 8. Shoreline Assessment for Spokane County Lakes, URS Corporation, December 2002, adopted by reference. 8.5.3 Existing Conditions 8.5.3.1. Shorelines of Statewide Significance 1. The Spokane River is the only Shoreline of Statewide Significance within or adjacent to the City. Reaches within the jurisdiction of the City include portions of Reach 3 and 8, as well as all of Reaches 4 though 7, identified and evaluated by the Spokane County Conservation District.' The condition of the river is described in the following table: Length (river WID PFC Ecological Restoration Development Reach miles) Sinuosity Ratio Rating Rating Potential Risk 3 3.4 Low High PFC Fair-good Fair-poor High 4 0.9 Moderate High PFC Fair Fair-poor High 5 3.2 Moderate High PFC Fair-good Poor High 6 2.8 Moderate High PFC Poor-fair Fair-good High 7 2.3 Low Low FAR Poor-fair Poor-fair High 8 1.2 Low Low PFC Fair-good Low-N/A High W/D Width/depth ratio. PFC Proper functioning condition. FAR Functional-at-risk. N/A Not applicable. Red text indicates high priority reach 2. The statewide interest in preserving the natural character of the shoreline is supported through most reaches within the jurisdiction of Spokane Valley by the Centennial Trail, located on the south shore, which provides recreational opportunities as well as public access to publicly owned areas of the shoreline. Increased public access and recreational use may require additional attention to maintenance and conservation to protect the ecology and resources of ' Shoreline Inventory&Assessment, Spokane County Conservation District, January 2005. Page 3 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program the shoreline. The portion of Reach 7 downstream of Plantes Ferry Park is a prime candidate for a mixed use redevelopment. The development of Myrtle Point Park should be designed to off-set ecological degradation resulting from past industrial uses and future redevelopment. The north bank of the river through Reaches 5 and 6 is primarily industrial with adequate setbacks from the river. Residential properties on the north bank of the river are separated from the river by the property owned by the Washington Department of Parks and Recreation. 3. Factors to be considered pursuant to RCW 90.58.100 were incorporated into the designation of Shoreline environments and the goals and policies that follow. 8.5.3.2 Shorelines of the State 1. Shorelines of the state in Spokane Valley include Shelley Lake and two permitted aggregate surface mines with operational mineral resource recovery operations in progress. a. Shelley Lake: The shoreline of the 35.9 acre lake is described as stable with little or no vegetation, an absence of riparian and wetland vegetation and non-functional wetland area. Water quality is poor with iron oxide deposits visible along shorelines and basalt cliffs, with significant potential for non-point source pollution. PFC rating is functional-at risk, with a moderate sensitivity to development and a significant opportunity and need for restoration. b. Flora Pit: Water surface of 24.2 acres in 2006 with bare shoreline (Central Pre-Mix Pit/Acme Materials Reclamation Permit Nos. 70011179 and 70012884—sand and gravel) operated under a DNR Surface Mining permit. Following closure of the pit, the reclamation plan provides for restoration of the site with revegetation with native plant species to be maintained as a wildlife habitat. Speedway Pit (Park/Thierman): Water surface of 53.8 acres with bare shorelines intrudes into the Spokane Rathdrum aquifer. (Central Pre-Mix Pit/Acme Materials Reclamation Permit Nos. 70012085 and 70010226—sand and gravel) operated under a DNR Surface Mining permit. Following closure of the pit, the reclamation plan provides for restoration of the site with revegetation with native plant species to be maintained as a wildlife habitat. 2. Factors to be considered pursuant to RCW 90.58.100 were incorporated into the designation of Shoreline environments and the goals and policies that follow. 8.5.3.3. Standards for Protection of Residential Properties from Shoreline Erosion. Single family residential property potentially affected by shoreline erosion is generally limited to an area located west of the Town of Millwood adjacent to the Spokane River in Reach 7. The area includes 27 lots, 20 of which include residential structures, 17 of which were constructed prior to 1992. Because of the dam, downstream current is slow and the channel is vertically and laterally stable. The Conservation District analysis observed that low water velocities, coupled with man- made structures along the banks, protect banks from erosion. There is no significant erosion on the shorelines of the forebay pool behind Upriver Dam where the vegetation has been left alone. An additional 30 unimproved residential lots are located east of Millwood and west of Myrtle Point. Bio-engineered bank stabilization and protection/non-disturbance of native riparian vegetation should be required to prevent shoreline degradation resulting from development. 8.5.4 Shoreline Management Environment Designations 8.5.4.1. Classification 1. In general. In order to provide a uniform basis for applying policies and use-regulations within distinctively different shoreline designations, shorelines are classified based on existing development patterns, ecological function, and the community's goals and aspirations. The shoreline designation system classifies shorelines into three management environments, Natural, Rural-Conservancy, Urban Conservancy, and Shoreline Residential. The system is Page 4 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program intended to permit continued development not inconsistent with maintaining ecological function and character of the environment. 2. Natural Environment Uses a. The Natural Environment classification is intended to protect those shoreline areas that are relatively free of human influence or include intact or partially degraded shoreline functions intolerant of human use. b. Development permitted within Natural Areas is established in SVMC 21.50. c. Significant vegetation removal that would reduce the capability of vegetation to perform normal ecological maintenance functions is prohibited. 3. Urban Conservancy Environment a. The Urban Conservancy Environment classification is intended to protect and restore ecological functions of open space, flood plain and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses. b. Public access and public recreation objectives should be implemented whenever feasible and where significant ecological impacts can be mitigated. c. Priority is given water-related uses over non-water-oriented uses. For shoreline areas adjacent to commercially navigable waters, water-dependent uses should be given highest priority. d. Development permitted within Urban Conservancy Environment Areas is established in SVMC 21.50. d. Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the environment and the setting. e. Standards should be established for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications within the Urban Conservancy designation. 4 Shoreline Residential Environment a. The Shoreline Residential Environment is intended to accommodate residential development and to provide appropriate public access and recreational uses. b. Standards for density or minimum frontage width, setbacks, lot coverage limitations, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality are established in SVMC 21.50 to assure no net loss of shoreline ecological functions. c. Multifamily and multi-lot residential and recreational developments should provide joint use of recreational facilities. d. Existing public access should be maintained consistent with constitutionally protected private property rights. 5. Map 8.xx identifies Shoreline environments in the City of Spokane Valley identified through detailed analysis and citizen participation. (See also Maps 8.xx through 8.Xn. 6. Shoreline Restoration is addressed in an Appendix X. Page 5 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program 8.6 GOALS AND POLICIES [To be incorporated into the Comprehensive Plan] Goal SMG- 1 Use and Development: Encourage economic development in shoreline areas which depend on their location or use being on the shorelines of the state. Policies SMP-1.1 The location of economic development activities should be appropriate in relation to other land uses and the ecological functions of the shorelines. SM-1.2 Access and utilities should be designed to protect and/or enhance the natural functioning conditions of the shoreline area. SMP-1.3. Shoreline uses should consider the environmental impact of their location, distribution and design. SMP-1.4. All existing and proposed developments should be provided with a full range of utility services adequate to serve the developments and protect against hazards to the public and the physical environment. SMP-1.5 Adverse changes to the natural character of the shorelines and interference with the public's use of publicly owned water bodies and shoreline areas should be minimized. Goal SMG-2 - Public Access and Circulation: Provide reasonable and adequate public access, both physical and visual, to the publicly owned shorelines while providing for the protection of the natural environment and private property rights. Policies SMP-2.1. Physical and visual access to water should be preserved and increased. SMP-2.2. Access design and spacing of access points should be based on the ecological function of the shoreline features and should protect fragile shoreline elements. SMP-2.3. Except for carefully designed access points, roads, motorized vehicles and parking should be kept as far from shorelines as feasible. SMP-2.4. All circulation elements should be designed to minimize conflict between modes of travel, particularly between recreation and through traffic, and between auto, bicycle, and pedestrian traffic. SMP-2.5. Corridors for transportation and utilities should be combined when possible. SMP-2.6. Vehicular circulation facilities should be on the upland side of development whenever physically feasible. SMP-2.7. Bike paths, foot paths, and bridle paths should be encouraged while still protecting fragile shoreline elements. Page 6 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program Goal SMG —3 Recreation: Preserve, increase and diversify recreational opportunities on the shorelines of Spokane Valley. Policies SMP-3.1 Encourage the preservation of shorelines for public use. SMP-3.2. Both passive and active recreation should be encouraged. SMP-3.3. Public and private recreational uses should be consistent with maintaining the ecological functions of the shoreline resources to support such use. Goal SMG-4 Conservation: Preserve natural shoreline resources including but not limited to scenic vistas, aesthetics, and areas vital for fisheries and wildlife habitat. Policies SMP-4.1 Unique and fragile shoreline and wetlands resources should be preserved and natural and semi-natural open spaces should be preserved and enhanced using best available science. SMP-4.2 Aesthetics, scenic vistas and irreplaceable resources should be preserved. Goal SMG —5 Historical and Cultural: Identify, protect, preserve, acquire, and restore shoreline resources that have cultural, historic, educational, or scientific values. Policies SMP-5.1 All actions within shoreline areas should identify, preserve, and restore buildings, sites or areas that have cultural, historical, educational or scientific significance in accordance with all current applicable local, state and federal regulations. SMP-5.2 Public acquisition through purchase, gifts, bequests, or donations of buildings or sites having cultural, scientific, educational, or historical value should be encouraged. Goal SMG —6 Shoreline Restoration and Protection: Rehabilitate those shorelines where ecological functions have been degraded. Policies SMP-6.1 Develop and implement a program to restore the ecological functions of degraded shorelines: SMP-6.2 Developing and implementing a restoration program should be a collaborative effort among public and private entities and interested citizens. Page 7 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program SMP-6.3 Shoreline restoration should include: a. implementation of strategies to meet goals and priorities b. benchmarks to measure levels of restoration, monitoring and maintenance. c. citizen education and involvement d. encouragement of collaborative partnership of private and public entities willing and able to contribute to the rehabilitation of shoreline resources. Goal SMG-7 Ensure that no net loss of ecological functions will result from the development and use of the shorelines Policies SMG-7.1 Develop regulations and mitigation standards in the shoreline master program to implement a policy of no net loss policy. SMG-7.2 Preserve priority habitat. SMG-7.3 Disseminate information regarding the proper care and use of shoreline resources to foster stewardship. SMG-7.4 Restoration strategies may include, but not be limited to, land banking, shoreline acquisition (e.g. conservation futures), conservation easements, transfer of development rights and clustering of development. SMG-7.5 Identify mitigation measures to achieve a "no net loss of ecological functions" determination prior to issuance of development approvals (WAC 173-26-201(e). SMG-7.6. Monitor shoreline uses to assure compliance with the goals, policies and use activity regulations of the Shoreline Management Program. Goal SMG 8 Encourage good stewardship of shorelines Policies SMP-8.1- Encourage establishment of landowner associations within each shoreline designation. SMP-8.2- Disseminate educational materials promoting good stewardship and construction practices. SMP-8.3- Educate property owners, shoreline users and the development community regarding shoreline management regulations. Goal SMG 9 Encourage Interagency Cooperation and Coordination Policies SMP-9.1 Provide educational information regarding programs on the website with links to other agency programs. Page 8 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program SMP-9.2 Encourage interagency collaboration and partnerships through Spokane County as the regional clearinghouse of shoreline protection and restoration information. SMP-9.3 Encourage public agencies to alert their clients about the existence of other shoreline protection and restoration programs sponsored by public and private agencies. Goal SMG-10 Special Flood Hazards; Manage special flood hazard areas to enhance environmental quality and to minimize the risks to life and property. Policies SMP-10.1 Minimize impacts of new development on special flood hazard areas through design that accommodates flood events without property damage, in accordance with the standards and requirements of the National Flood Insurance Program. SMP-10.2 Maintain, protect and restore natural drainage systems to control erosion and to protect water and environmental quality in conformance with the Clean Water Act and the National Pollution Control Elimination Systems (NPDES). SMP-10.3 Retain, restore and enhance natural vegetation buffers adjacent to the high water mark of a perennial or intermittent stream or other special flood hazard areas. SMP-10.4 Encourage the use of bioengineering techniques, rather than hard engineering structures to stabilize the floodway. SMP-10.5 Special flood areas shall be identified through hydrologic and hydraulic study methods approved by the Federal Emergency Management Agency. SMP-10.5 Development within flood hazard areas should be required to mitigate any adverse environmental impacts, both temporary and permanent, in accordance with critical areas and flood plain regulations. Goal SMG-11 Private Property Rights: Recognize and protect property rights consistent with the public interest. Policies SMP-11.1 Encourage shoreline preservation and restoration with due respect for constitutionally protected private property rights. Page 9 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program Appendix XX Shoreline Restoration Criteria for Identifying Priority Projects & Mitigation. 1. Priority criteria include: • Restoration meets the goals and policies pertaining shoreline protection and restoration. • Restoration avoids residual impacts to other shoreline functions or processes. • Projects address a known degraded condition. • Conditions that are progressively worsening are of greater priority. • Restoration has a high benefit to cost ratio. • Restoration is feasible, such as being located on and accessed by public property or private property that is cooperatively available for restoration. • Restoration measures shall not adversely impact upstream or downstream properties. • There is public support for the project. • The project is supported by and consistent with other restoration plans, such as those for Water Resources Inventory Area 57. 2. The five components of a restoration project plan shall at a minimum include the following: specific site plan, implementation, performance assessment strategy, adaptive management techniques, and dissemination of results. 3. Mitigation strategies, both on-site and off-site shall be considered based on a detailed site restoration plan prepared by a qualified wetland/riparian specialist including: • Planting of native vegetation that mimics the adjacent plant communities. Communities should include shrubs, trees, and herbaceous components. • Minimal grading or sloping to replicate natural topography. • Drip irrigation to increase survivability of introduced vegetation. Use available hydrology necessary for the reestablishment of vegetation where drip irrigation is not necessary. • Placement of small quantities of plant material in areas that have fairly intact habitat conditions to improve function and value. • Placement of tree and shrub habitat components that are focused in providing habitat connectivity or canopy cover for fish and wildlife values. • Monitoring and evaluation to include periodic watering, removal of noxious or invasive plants, and replacement of seed in areas of low grass reestablishment e. Buffer Requirements based on Best Available Science; exclude encroachment into the established buffer area as established in the SVMC 21.40. f. Hydrology enhancement/alteration provides re-establishment of natural hydrology to include: • Culvert replacement removal. • Dike removal or maintenance. Page 10 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program • Artificial drainage removal(tiling, ditching, etc.) • Floodplain reconnection • Barrier removal 4. Shoreline Restoration Stream Reach/ Responsible Oversight Miles/Acreage Ecological Shoreline Impact Schedule/Method for Monitoring Disturbances PFC Restoration 6 RR Bridge to Myrtle Increased run-off,reduced 2012 through Spokane Ecology, 1.6 Point filtration capability,water development Valley, Spokane (a) Lacks riparian vegetation quality affected by nutrients mitigation, SRTC, Valley due to development and and sedimentation,loss of volunteer action, volunteers parks habitat and work in connection with rail bridge construction 6 Myrtle Point Increased run-off,reduced 2009—In Spokane Ecology, 0.6 Lack riparian vegetation filtration capability,water conjunction with Valley Spokane quality affected by nutrients park development Valley (a) and sedimentation,loss of habitat 6 Centennial Trail Increased run-off,reduced 2008 Development Spokane Ecology, 0.6 Footbridge to SV City filtration capability,water Mitigation Valley, Spokane Limits quality affected by nutrients Developer Valley (a) Lacks riparian vegetation and sedimentation,loss of due to development habitat Lakes Shelley Lake Fragmentation of Loss of wildlife habitat, 2011 Developer, Ecology, A vegetative communities, increased runoff,lowered Shelley Lake Spokane (c) increase in impervious filtration capability increasing Homeowners Valley surfaces,introduction of nutrients and sediments Association fertilizers and possibly flowing to lake potentially herbicides reducing water quality and fish life Central Pre- Park&Thierman. Active mining—Closure 2008 Restoration in Central DNR Mix conformance with Premix Reclamation Plan —grading, revegetation Flora Pit Flora and Sullivan Active mining- Restoration in Central DNR Active gravel/sand conformance with Premix mining Reclamation Plan —grading, revegetation PFC: Properly Functioning Condition (a)Properly Functioning Condition-When adequate vegetation,landform, or large woody debris is present to:dissipate stream energy associated with high waterflow,thereby reducing erosion and improving water quality;filter sediments,captures bedload, and aids in floodplain development;improve flood-water retention and ground-water recharge;develop root masses that stabilize streambanks against cutting action; develop diverse ponding and channel characteristics to provide the habitat and the water depth, duration, and temperature necessary for fish production, waterfowl breeding, and other uses; and supports greater biodiversity. (b)Functional-At Risk-Riparian-wetland areas that are in functional condition,but an existing soil,water,or vegetation attribute makes them susceptible to degradation. (c)Nonfunctional-Riparian-wetland areas that clearly are not providing adequate vegetation,landform,or large woody debris to dissipate stream energy associated with high flows,and thus are not reducing erosion,improving water quality,etc. Page 11 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program Shoreline Restoration Incentives The restoration plan must be coordinated with these other components of a master program. Under the Shoreline Management Guidelines (WAC 173-26) restoration planning has a particular purpose that exists separate from development regulations. The Guidelines focus restoration requirements on the use of master program "policies," as opposed to "development regulations." Under the guidelines, local governments are not required to plan to have individual permittees restore past damages to an ecosystem as a condition of a permit approval for new development, although the permittee must fully mitigate for any new harms. Restoration planning should be focused on such tools as economic incentives, participation in public agency resource management programs, utilization of private funding sources and public education. 8.5.5.5 Shoreline Management Regulations Title 21 of the Spokane Valley Municipal Code (SVMC) includes regulations implementing the State Environmental policy Act, the Spokane Valley Shoreline Management & Restoration Program and Critical Area. These regulations require that proponents of new development (and some exempt improvements) that disturb the shoreline environment prepare a report, prepared by a qualified biologist, demonstrating that there will be no net-loss of ecological function. 8.5.5.6 Protection and Restoration Monitoring Spokane Valley will evaluate the effectiveness of shoreline restoration and protection strategies every 3 years in conjunction with the annual update of the Comprehensive Plan. Page 12 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program Appendix XX 8.5.6 Resources Numerous public and private agencies have responsibility to protect/restore shoreline ecological conditions, maintain shoreline aesthetics, improve public access, and to maintain recreational value as well as wildlife habitat. These agencies include but are not limited to the Spokane County Conservation District, Inland Northwest Land Trust, WSU Cooperative Extension Service of Spokane County, Inland Paper Company/Centennial Land Company, Washington State Lake Protection Association, Washington State Department of Fish and Wildlife, Washington State Department of Parks and Recreation, Washington State Department of Ecology, Natural Resource Conservation Service, Spokane County, Avista Company, Northwest Power and Conservation Council, Upper Columbia Association of Indian Tribes, Washington State Department of Natural Resources, United States Environmental Protection Agency, and the US Fish and Wildlife Service. Spokane County Conservation District (SCCD) Programs: • Buffer Cost Share Program: includes different cost share rates on riparian replanting and other best management practices components (off-creek watering, fencing, plants). This SCCD program offers cost-share on such practices as stream-side fencing, off-creek watering facilities, buffer plantings, grass only, irrigation weed control (2 yr maintenance). Buffers may vary, but most are narrow strips of land, planted with permanent vegetation, either grass, shrubs, and/or trees. • Backyard Conservation Program: provided advice that will help transform a yard into a natural haven for birds, blooms, and beauty. • Water, Wetlands, Ponds Program: provides information on water rights, water testing and maintaining local watersheds. This program assists landowners in the protection of wetlands and the design and implementation of artificial ponds. • Stewardship Incentive Program: provides financial assistance to support conservation efforts of farmers, ranchers or small acreage owners. Through partnerships with state and federal agencies, the SCCD can provide access to assistance for conservation practices such as irrigation and water management, erosion and flood control, animal waste management, and habitat restoration. • Watershed Conservation/Habitat Restoration Program: is funded by the Natural Resource Conservation Service to acquire trees and shrubs for planting in shoreline areas to rehabilitate the ecosystem. Inland Northwest Land Trust(INLT) INLT identifies high ecological value land and negotiates long term conservation easements or outright land purchases. Forestry Riparian Easement Program protects the qualifying timber and its associated riparian functions with easements. Washington Department of Fish and Wildlife (WDFW) has both regulatory and non-regulatory programs that seek to protect, enhance, and restore shoreline areas, including: • Backyard Wildlife Sanctuary Program is designed to help homeowners enhance native habitat. • Landowner Incentive Program (LIP) is a competitive grant process to provide financial assistance to private landowners for the protection, enhancement, or restoration of habitat to benefit"species at risk" on privately owned lands. Page 13 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program • Watershed Stewardship Program (WST) coordinates resources in local planning and recovery efforts for salmonids. Water Quality/Centennial Clean Water Program (Washington State Department of Ecology): funds the Shoreline Inventory and Assessment Project and includes a Total Maximum Discharge Limits (TMDLS) assessment of the Spokane River. Natural Resource Conservation Service [NCRS] • Environmental Quality Incentives Program: provides technical, educational, and financial assistance to eligible farmers and ranchers to address soil, water, and related natural resource concerns on their lands. • Wetlands Reserve Program Plant Materials Program provides native plants for wetland restoration, water quality improvement, stream bank and riparian area protection and other special conservation treatment needs • Wildlife Habitat Incentives Program: provides financial incentives to develop habitat for fish and wildlife on private lands. Participants agree to implement a wildlife habitat development plan and USDA agrees to provide cost-share assistance for the initial implementation of wildlife habitat development practices. • Watershed Program: works through local government sponsors providing technical and financial assistance for watershed protection, erosion and sediment control, water quality protection, fish and wildlife habitat enhancement, wetlands creation and restoration, US Fish and Wildlife Service • North American Wetlands Conservation Act Grants Program (NAWCA) supports the long-term protection of wetlands and associated uplands habitats needed by waterfowl and other migratory birds in North America. . • Partners for Fish and Wildlife (PFW) supports voluntary restoration of wetlands and other fish and wildlife habitats on private land through public-private partnerships. • Private Stewardship Program (PSP) provides grants and other assistance on a competitive basis to individuals and groups for voluntary conservation efforts to benefit federally listed, proposed, or candidate species, or other at-risk species on private lands. Spokane County • Open Space Taxation Program: pursuant to Chapter 84.43 RCW, this program benefits owners maintaining property undeveloped or minimally developed. • The Conservation Futures Program: provides a means for counties to acquire lands and habitats important to the preservation of wildlife or lands having significant recreational, social, scenic, or esthetic values. WSU Cooperative Extension Service (WSUCES) of Spokane County Realtor Education Program provides information to realtors to clients regarding protection and conservation of shoreline areas and encourages them to pass it on to their clients. Master Gardner Training Program (WSUCES program) includes a block of information pertaining to conserving and protecting shoreline vegetation and if replanting is necessary what are the most appropriate plantings (referred to as `natural landscaping') that will survive and protect and conserve shoreline functions. Page 14 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program Washington Water Program (WSUCES program) website includes information regarding streamside plantings which protect the shoreline ecology. Washington State Department of Ecology (DOE) information addresses bank protection, native vegetation protection and enhancement, noxious weed abatement, non-point source pollution Page 15 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program 21.50. Shoreline Management& Restoration Program [To be included as part of the SV Municipal Code—Title 21 Environmental Controls] 21.50.010 Purpose&Applicability. The purpose of these regulations is to manage shoreline resources within the City of Spokane Valley in conformance with the Spokane Valley Comprehensive Plan, Spokane Valley Shoreline Management and Restoration Program and state policies applicable to Shorelines of Statewide Significance (RCW 90.58.020), Shorelines of the State, and shore land areas pursuant to WAC 173-26 and WAC 173-27. 21.50.020 Permitted,Conditional of Limited Land Uses. 1. Land uses within shoreline environments identified in the Spokane Valley Shoreline Master Program may be permitted, limited or conditioned as follows: Environment 0 0 Permitted Uses m a, `6 Z c c mN N _ O L (1.) Z DO cn Commercial Uses — — Non-water Recreation — — Water-related recreation • • • Water-related Commercial — Water-related Industry — — — Roads — Utility Corridor — • Parking C C • Single Family Residential C — — Multi-family Residential — — — Mining C C C Over-water structures L L L • Permitted Use L Limited Conditional C Use - Not Permitted 2. Permitted Uses. a. All uses and activities shall preserve or restore natural resources including vegetation,wildlife habitat, or aquatic life and other sensitive resource features which are intolerant of human activity. b. There shall be no net loss of shoreline ecological functions as a result of new development. New development shall include environmental cleanup and restoration of the shoreline. c. The alteration of a shoreline to create additional shoreline area is prohibited. d. All new uses and activities or redevelopment of existing uses shall not reduce existing public access. e. No structure in the shoreline area shall exceed 35 feet in height above the average elevation of land in the shoreline area, except where additional height is specifically authorized. f. Slash and debris and other waste products resulting from a use activity or land clearing activity shall be removed from the shoreline area immediately following cessation of said activity, as limited by the provisions of WAC 222-30-020 and SVMC 21.40.020. Debris and waste products shall not enter into the water and interfere with the regeneration of forest vegetation. All burning Page 16 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program shall comply with Spokane County Air Pollution Control Agency requirements. g. No more than 10 percent of the portion of property within a shoreline area shall be occupied by impervious improvements. h. Tillage and application of fertilizers and chemical pesticides within 100 feet of the ordinary high water mark is prohibited. i. A 100-foot or greater buffer strip of natural vegetation shall be maintained along the waterfront to prevent erosion and protect water quality and fish habitat, except: i. Bridge and utility crossings (50 feet); ii. Pathways of four feet or less in width providing access to the water on slopes of 5%or less; iii. Access to watercraft launches available for use by the general public or iv. Hand removal of noxious weeds which does not result in a net-loss of shoreline ecological function or cause degradation of water quality. Use of herbicides shall require the written prior approval of the Washington Department of Ecology. 3. Conditional Uses. In addition to meeting the requirements for permitted uses, uses for which a Conditional Use Permit are approved, shall also be required to comply with the following provisions: a. Conditional uses shall not result in any loss of ecological function. The Hearing Examiner may prescribe methods,timelines and such other conditions as may be necessary to preserve ecological function and land use compatibility. Any failure to comply with the conditions imposed by the Hearing Examiner will result in the automatic revocation of the permit. b. Mining of sand, gravel, soil, or minerals landward of the ordinary high water mark is permitted only as a conditional use, provided the following conditions are met: i. The provisions of the Surface Mining Act, RCW 78.44 and WAC 334-18 shall be met for any surface mining, including that which affects less than 3 acres or produces less than 10,000 tons in any 12 month period. Where surface mining is not subject to the RCW 78.44 permit process the shorelines substantial development permit process shall be utilized to require compliance to surface mining provisions of RCW 78.44. ii. Surface drainage and wastes resulting from mining operations shall not be discharged into streams or water bodies without treatment to remove suspended solids and organic matter consistent with applicable local, state and federal pollution control and water quality regulations. iii. Cleaning, sorting, separation, and storage operations shall not be conducted within 100 feet of the ordinary high water mark. c. Parking. No more than 10 percent of the portion of property within a shoreline area shall be occupied by impervious improvements. d. Single Family Residential. i. No residential or accessory structure shall be erected within 100 feet of the ordinary high-water mark. ii. No on-site wastewater disposal systems serving new single family dwellings shall be permitted within 200 feet of the ordinary high water mark. Existing single family dwellings within 200 feet of the ordinary high water mark shall connect immediately to a public wastewater collection located within 300 feet of the property. e. A conditional use permit may be approved only upon a finding that: i. No reasonable alternative conforming use is practical; and Page 17 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program ii. The proposed use will be at least as consistent as the preexisting use with the policies and provisions of the Shoreline Management Act and the Master Program and as compatible with the uses in the area. iii. The proposed use will not interfere with the normal public use of public shorelines; iv. The proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; v. The proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and vi. The public interest suffers no substantial detrimental effect. In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. 3. Limited Uses: In addition to meeting the requirements for permitted uses, uses allowed on a limited basis, shall also be required to comply with the following provisions: a: New over-water structures shall be allowed only for water-dependent uses, public access, or ecological restoration. The size of new over-water structures shall be limited to the minimum necessary to support the structure's intended use. b. All developments and uses on navigable waters or their beds shall be located and designed to minimize interference with surface navigation and public access, should consider impacts to public views, and allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. c. Boathouses are prohibited. d. Use of over-water and floating structures as a residence is prohibited. e. Except for permitted or legal non-conforming marinas, docks, and bridges, no over-water structure shall be erected in shoreline areas unless it is consistent with all applicable requirements in this regulation and the goals and policies of the Comprehensive Plan. f. New docks serving residential lots shall be prohibited. Replacement docks shall be limited to 100 square feet in area and shall be located parallel to the shoreline. g. Over-water structures shall not interfere with stream navigation. Page 18 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program 21.50.30 Specific Provisions Applicable to All Shoreline Environments The following additional provisions are applicable to all shoreline environments in addition to all other applicable regulations of this Code. 1. Signs. a. On-premises business identification signs shall be designed to blend in with the natural environment and shall be affixed to the portion of the business structure facing away from the water, and shall not exceed 20 square feet. b. Signs erected by government agencies required to provide direction, protect the public health, safety, and general welfare shall not exceed 20 square feet in area and shall be designed to minimize the visual impact to the shoreline area. c. Signs shall not obstruct views of the shoreline from the surface of the water, and except for navigational aids, no light source of any sign shall be visible from the surface of the water. Only navigational or directional signs informing boaters of services such as fuel and moorage, and government agency signs shall be visible from the shoreline area or the surface of the water. d. Signs shall not extend beyond the face of a building or above its roofline. e. Signs shall not move or rotate or have lights which blink or flash on and off intermittently. 2. Utilities. a. Ground percolation areas or drainage swales are prohibited within 100 feet of the ordinary high water mark. b. Community water treatment or community wastewater treatment facilities shall not be located within 200 feet of the ordinary high-water mark. On-site systems serving existing single family dwellings shall be permitted until public collection systems are available within 300 feet of the property. Except for outfall lines,water/wastewater treatment facilities and collection lines shall not be located waterward of the ordinary high water mark. c. An overhead electrical transmission line may traverse a shoreline only when necessary to cross a stream with an approved Conditional Use Permit. Underground stream crossings shall be installed and shall enter and emerge to and from the ground not less than 50 feet landward of the ordinary high water mark. Facilities which constitute the final termination or destination of a transmission line shall not be located in any Shoreline Area. Overhead electric transmission lines traversing "Shorelines of State-wide Significance"shall have their conductors marked with daytime obstruction markers wherever the spans through the Shoreline Area exceed 200 feet. d. Pipelines shall cross streams either by being constructed on public roadway bridges or by being constructed below-the stream bed. Underground pipelines shall enter and emerge to and from the ground not less than 50 feet landward of the ordinary high water mark. The construction of bridges solely to support pipelines is prohibited. New pipelines shall use preexisting utility easements, to the extent possible. e. Electric distribution and communication cables shall be installed underground within the shoreline area. Page 19 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program 3. Roadways a. Roads shall be maintained in a manner which prevents degradation of shoreline ecological functions. b. Landfills and end abutments for bridges shall be placed not less than 50 feet landward of the Ordinary High Water Mark at an elevation above the 100 year flood event.Abutments shall be designed so that the flow of floodwaters shall not be restricted. The design of landfills and end abutments for bridges over streams shall prevent the accumulation of debris upstream of the bridge. c. Bridges across Shorelines of the State shall also be designed to accommodate pedestrian and bicycle traffic. Other roads shall provide a space not less than three feet in width for the dedicated use of pedestrians, bicycles and animals. 4. Fill Fill shall be permitted only in connection with the restoration or enhancement of shoreline ecological functions and where necessary in the interest of an overriding public necessity, provided that a. There is no net loss of ecological function; b. Erosion control and bank stabilization measures are required; c. No fill shall extend waterward of the Ordinary High Water Mark; and d. No fill shall be permitted within the limits of the 100 year flood event. e. Dredging and disposal of dredging spoil may be permitted only in connection with the restoration or enhancement of shoreline ecological functions, except as necessary for purposes of navigation, or improvements associated with permitted water-related recreation provided that: i. There is no adverse effect on water quality or littoral (shallow near shore)and riparian habitat; and ii. All dredging spoil and dredging equipment is removed within ten days of the completion of dredging operations. 6. Shoreline Protection a. New bulkheads are prohibited. No existing bulkhead may be enlarged. b. Bank stabilization shall only be undertaken after evaluation and written bank failure report from a qualified engineering firm. c. Bank stabilization shall be conducted using only biotechnical (soil bioengineering) design approaches incorporating native plant materials, unless it is demonstrated in the bank failure report that a biotechnical design will not prevent future bank failure. 21.50.035 Shoreline Substantial Development Permit Required. A Shoreline Substantial Development Permit shall be required prior to any development within the Spokane Valley shoreline, subject to the following: 1. Any new development, or any modification in a use or activity that may result in a net loss of ecological function shall require an environmental assessment prepared by a qualified ecologist. The assessment shall include the following information: a. a description of the existing ecological characteristics of the site to include but not be limited to soil characteristics, type and extent of vegetation, slope,wildlife habitat and such other characteristics deemed appropriate by the Director based on the unique features of the site; b. an assessment of the functioning condition of the shoreline prior to disturbance of the shoreline by the proposal; Page 20 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program c. an assessment of the specific impacts of the proposal on the shoreline's ecological functioning condition; d. a specific strategy to restore shoreline ecological functions lost as a result of the proposal to include the scientific basis of the recommended strategy. The strategy shall identify a restoration timetable; and e. a site plan which fully illustrates the proposed shoreline function enhancements and shall be drawn to scale and precisely show all site and off-site alterations and enhancements. 2. A Shoreline Permit is valid for a period of up to five years, provided that substantial progress in project development occurs within two years of the date of issuance. Where substantial progress has not been demonstrated without good cause, the permit shall lapse. 3. The following activities are categorically exempt from the requirement for a Substantial Development Permit but may require a conditional use permit or approval of a variance: a. Maintenance and repair of existing structures for the protection of single-family residences; b. Emergency repairs; c. Public improvements in aid of navigation; d. Survey and geophysical testing in advance of development; e. Removal of noxious weeds authorized as by the Washington Department of Fish &Wildlife. f. Shoreline restoration projects(See WAC 173-27-040(2)(o)). 21.50.060. Non-conforming Use or Development 1. "Nonconforming use or development"for purposes of this chapter means a shoreline use or development which was lawfully constructed or established prior to the effective date of the act or the applicable master program, or amendments thereto, but which does not conform to present regulations or standards of the program. 2. Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may be maintained and repaired and may be enlarged or expanded provided that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses. 3. Uses and developments that were legally established and are nonconforming with regard to the use regulations of the master program may continue as legal nonconforming uses. Such uses shall not be enlarged or expanded, except that nonconforming single-family residences that are located landward of the ordinary high water mark may be enlarged or expanded in conformance with applicable bulk and dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances as defined in WAC 173-27-040 (2)(g) upon approval of a conditional use permit. 4. A use which is listed as a conditional use but which existed prior to adoption of the master program or any relevant amendment and for which a conditional use permit has not been obtained shall be considered a nonconforming use. A use which is listed as a conditional use but which existed prior to the applicability of the master program to the site and for which a conditional use permit has not been obtained shall be considered a nonconforming use. 5. A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities. 6. A structure which is being or has been used for a nonconforming use may be used for a different nonconforming use only upon the approval of a conditional use permit. Page 21 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program 7. Conditions may be attached to the permit as are deemed necessary to assure compliance with the above findings, the requirements of the master program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard. 8. A nonconforming structure which is moved any distance must be brought into conformance with the applicable master program and the act. 9. If a nonconforming development is damaged to an extent not exceeding seventy-five percent (75%) of the replacement cost of the original development, it may be reconstructed to those configurations existing immediately prior to the time the development was damaged, provided that: a. Application is made for the permits necessary to restore the development within six months of the date the damage occurred; b. All permits are obtained; and c. The restoration is completed within two years of permit issuance. 10. If a nonconforming use is discontinued for twelve consecutive months or for twelve months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming. 11. An undeveloped lot, tract, parcel, site, or division of land located landward of the ordinary high water mark which was established prior to the effective date of the Shoreline Management Act or the Shoreline Master Program but which does not conform to the present lot size standards may be developed so long as such development conforms to all other requirements of the applicable master program and the act. 21.50.070.Conditional Use Permits 21.50.080 Variances 1. Requests for variances shall be processed in the same manner as any land use variance, provided however, that the application for a variance shall not be deemed complete until the Department of Ecology (DOE) provides written acknowledgement to the city that applicant has provided DOE with a full and complete copy of the application. 2. A variance may be considered only in extraordinary circumstances where it is determined that: a. The strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with, reasonable use of the property; b. The hardship is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not,for example,from deed restrictions or the applicant's own actions; c. The design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment; d. The variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; e. The variance requested is the minimum necessary to afford relief; and f. The public interest will suffer no substantial detrimental effect. 3. In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. 4. Variances from the use regulations of the master program are prohibited. 21.50.080 Enforcement Page 22 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program Enforcement procedures for violations of this chapter shall be in conformance with SVMC 17.60. See Section 17.60 Compliance and Enforcement below. 17.60 Compliance and Enforcement 17.60.010 Purpose and Scope This chapter sets forth the enforcement procedures for violations of the following: 1. Nuisances (SVMC 7.05) 2. Violations of any provisions of the Uniform Development Code (SVMC Titles 17-25) 17.60.030 Relationship to Growth Management Act This article is adopted as development regulations pursuant to Chapter 36.70A RCW (Growth Management Act). 17.60.040 Enforcement, Authority, and Administration 1. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the City may, in response to field observations or reliable complaints, determine that violations of this title have occurred or are occurring, and may: a. Enter into voluntary compliance agreements with persons responsible for code violations; b. Issue notice and orders, assess civil penalties, and recover costs as authorized by this article; c. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persons responsible for a code violation, undertake the abatement and charge the reasonable costs of such work as authorized by this article; d. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this article; e. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assesses civil penalties as authorized by this article; f. Suspend, revoke, or modify any permit previously issued by the City or deny a permit application as authorized by this article when other efforts to achieve compliance have failed; and g. Forward a written statement providing all relevant information relating to the violation to the office of the City Attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. Page 23 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program 2. The procedures set forth in this article are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying or abating violations of this title in any other manner authorized by law. 3. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the City may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code violation. 4. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the City may assess or recover civil penalties accruing under this article by legal action filed in Spokane County district court by the office of the City Attorney. 5. The provisions of this article shall in no way adversely affect the rights of the owner, lessee, or occupant of any property to recover all costs and expenses incurred and required by this article from any person causing such violation. 6. In administering the provisions for code compliance, the City shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property including, for example, property belonging to public or private utilities, where no apparent benefit has accrued to such entity or individual from a code violation. Any determination of substantial injustice shall be made in writing supported by appropriate facts. For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship. 7. The City may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by this article. It is the intent of the City Council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right of entry authorized by this article shall not supersede those legal constraints. 8. The City may request that the police, appropriate fire district, Spokane Regional Health District, or other appropriate City department or other non-city agency assist in enforcement. 17.60.050 Guidelines for Departmental Responses to Complaints City representatives are authorized to determine based upon past complaints regarding a property, subsequent field investigations, and other relevant criteria, whether a complaint is reliable. If the City determines a complaint is not reliable, the City is not obligated to conduct a field investigation. 17.60.060 Procedures when Probable Violation is Identified 1. The City shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents, and data systems for tracking violations and applicable City codes and regulations, whether or not a violation has occurred. As soon as the City has reasonable cause to determine that a violation has Page 24 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program occurred, the violation shall be documented and the person responsible for the code violations promptly notified. 2. Except as provided in subsection 4 of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the City otherwise determines a violation has occurred. The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this article. Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be re-inspected within 14 days. 3. No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within 72 hours, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reasonably should have known, that the action was a code violation. 4. Notice and orders should be issued in all cases in which a voluntary compliance agreement has not been entered. 5. The City shall use all reasonable means to determine and proceed against the person(s) actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. 6. If the violation is not corrected, or a voluntary compliance agreement is not entered into within 15 days of notification by the City, a notice and order or stop work order should be issued. Stop work orders should be issued promptly upon discovery of a violation in progress. 17.60.070 Service—Notice and Order and Stop Work Order 1. Service of a notice and order shall be made on a person responsible for code violation by one or more of the following methods: a. Personal service of a notice and order may be made on the person identified by the City as being responsible for the code violation, or by leaving a copy of the notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; b. Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available; or c. Service by mail may be made for a notice and order by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer's address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the Page 25 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice and order was placed in the mail. 2. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once in an appropriate regional or neighborhood newspaper or trade journal. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. 3. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this article. 4. The failure of the City to make or attempt service on any person named in the notice of violation, notice and order, or stop work order shall not invalidate any proceedings as to any other person duly served. 17.60.80 Training and Rulemaking The City shall adopt procedures to implement the provisions of this article, and specifically the guidelines set out in this article describing reasonable and appropriate protocols for investigating code violations. 17.60.090 Obligations of Persons Responsible for Code Violation 1. It shall be the responsibility of any person identified as responsible for a code violation to bring the property into a safe and reasonable condition to achieve code compliance. Payment of civil penalties, applications for permits, acknowledgement of stop work orders, and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. 2. Persons determined to be responsible for a code violation pursuant to a notice and order shall be liable for the payment of any civil penalties and abatement costs; provided, however, that if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner's knowledge or consent by someone other than the owner or someone acting on the owner's behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances. Should the owner not correct the violation, only those abatement costs necessary to bring the property into a safe and reasonable condition, as determined by the City, shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest. 17.60.100 Determination of Compliance After issuance of a warning, voluntary compliance agreement, notice and order, or stop work order, and after the person(s) responsible for a violation has come into compliance, the City shall issue a written determination of compliance. The City shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement, notice and order, or stop work order, as well as the complainant, by certified mail, five-day return receipt requested. Page 26 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program Page 27 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program 17.60.110 Voluntary Compliance Agreement—Authority 1. Whenever the City determines that a code violation has occurred or is occurring, the City shall make reasonable efforts to secure voluntary compliance from the person responsible for the code violation. Upon contacting the person responsible for the code violation, the City may enter into a voluntary compliance agreement as provided for in this article. 2. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice and order, or a stop work order and before an appeal is decided. 3. Upon entering into a voluntary compliance agreement, a person responsible for a code violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation. 4. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the City. An extension of the time limit for compliance or a modification of the required corrective action may be granted by the City if the person responsible for the code violation has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable. Any such extension or modification must be in writing and signed by the authorized representative of the City and person(s) who signed the original voluntary compliance agreement. 5. The voluntary compliance agreement is not a settlement agreement. 17.60.120 Voluntary Compliance Agreement—Contents The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a code violation in which such person(s) agrees to abate the violation, remediate the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the following: 1. The name and address of the person responsible for the code violation; 2. The address or other identification of the location of the violation; 3. A description of the violation and a reference to the provision(s) of the ordinance, resolution or regulation which has been violated; 4. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; 5. The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not satisfied; 6. An acknowledgement that if the City determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice and order or stop work order, impose any remedy authorized by this article, enter the real property and Page 28 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program perform abatement of the violation by the City, assess the costs incurred by the City to pursue code compliance and to abate the violation, including reasonable legal fees and costs, and the suspension, revocation or limitation of a development permit obtained or to be sought by the person responsible for the code violation; 7. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by the person responsible for the code violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the violation; 8. An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the code violation thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation; and 9. An acknowledgement that the person responsible for the code violation understands that he or she has the right to be served with a notice and order, or stop work order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such notice and order or stop work order, and that he or she is knowingly and intelligently waiving those rights. 17.60.130 Failure to Meet Terms of Voluntary Compliance Agreement 1. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the authorized representatives of the City may enter the real property and abate the violation without seeking a judicial abatement order. The person responsible for code compliance may, without being issued a notice and order or stop work order, be assessed a civil penalty as set forth by this article, plus all costs incurred by the City to pursue code compliance and to abate the violation, and may be subject to other remedies authorized by this article. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice and order or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not a preceding notice and order or stop work order. 2. The City may issue a notice and order or stop work order for failure to meet the terms of a voluntary compliance agreement. 17.60.140 Notice and Order—Authority When the City has reason to believe, based on investigation of documents and/or physical evidence, that a code violation exists or has occurred, or that the terms of a voluntary compliance agreement have not been met, the City is authorized to issue a notice and order to any person responsible for a code violation. The City shall make a determination whether or not to issue a notice and order within 30 days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist, or within 10 days of the end of a voluntary compliance agreement time period which has not been met. Subsequent complaints shall be treated as new complaints for the purposes of this article. Page 29 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program 17.60.150 Notice and Order—Effect 1. A notice and order represents a determination that a violation has occurred, that the party to whom the notice is issued is a person responsible for a code violation, and that the violations set out in the notice and order require the assessment of penalties and other remedies that may be specified in the notice and order. 2. The City is authorized to impose civil penalties upon a determination by the City that a violation has occurred pursuant to a notice and order. 3. Issuance of a notice and order in no way limits the City's authority to issue a stop work order to a person previously cited through the notice and order process pursuant to this article. 17.60.160 Notice and Order—Contents The notice and order shall contain the following information: 1. The address, when available, or location of the violation; 2. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; 3. A statement that the City has found the named person(s) to have committed a violation and a brief description of the violation(s)found; 4. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision, or stop work order that was or is being violated; 5. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties per separate violation, and that any assessed penalties must be paid within 20 days of service of the notice and order; 6. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; 7. A statement that payment of the civil penalties assessed under this article does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this article; 8. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; 9. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the City may proceed to seek a judicial abatement order from Spokane County superior court to abate the violation; Page 30 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program 10. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obligation of all persons responsible for a code violation; 11. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the Hearing Examiner within 20 days of the date of service of the notice and order; 12. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent Spokane Valley permit applications on the subject property; 13. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation; 14. A statement advising the person responsible for a code violation of his/her duty to notify the City of any actions taken to achieve compliance with the notice and order; and 15. A statement advising that a willful and knowing violation may be referred to the Office of the City Attorney for prosecution. 17.60.170 Notice and Order—Supplementation, Revocation, Modification 1. The City may add to, revoke in whole or in part or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be governed by the same procedures and time limits applicable to all notice and orders contained in this article. 2. The City may issue a supplemental notice and order, or revoke a notice and order issued under this article: a. If the original notice and order was issued in error; b. Whenever there is new information or change of circumstances; or c. If a party to an order was incorrectly named. 17.60.180 Notice and Order—Administrative Conference An informal administrative conference may be conducted by the City at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. 17.60.190 Notice and Order— Remedies—Suspension, Revocation, or Limitation of Permit 1. The City may suspend, revoke, or modify any permit issued by the City whenever: Page 31 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program a. The permit holder has committed a violation in the course of performing activities subject to that permit; b. The permit holder has interfered with the authorized representatives of the City in the performance of his or her duties related to that permit; 2. The permit was issued in error or on the basis of materially incorrect information supplied to the City; 3. Permit fees or costs were paid to the City by check and returned from a financial institution marked non-sufficient funds (NSF) or canceled; or 4. For a permit or approval that is subject to sensitive area review, the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects an applicant's ability to meet the permit or approval conditions, or which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions. Such suspension, revocation, or modification shall be carried out through the notice and order provisions of this article and shall be effective upon the compliance date established by the notice and order. Such suspension, revocation, or modification may be appealed to the Hearing Examiner using the appeal provisions of this article. 5. Notwithstanding any other provision of this article, the City may immediately suspend operations under any permit by issuing a stop work order. 17.60.200 Notice and Order—Remedies— Denial of Permit 1. The City may deny a permit when, with regard to the site or project for which the permit is submitted: a. Any person owning the property or submitting the development proposal has been found in violation of any ordinance, resolution, regulation, or public rule of the City that regulates or protects the public health, safety and welfare, or the use and development of land and water; and/or b. Any person owning the property or submitting the development proposal has been found in violation and remains in violation of the conditions of any permit, notice and order, or stop work order issued pursuant to any such ordinance, resolution, regulation, or public rule. 2. In order to further the remedial purposes of this article, such denial may continue until the violation is cured by restoration, accepted as complete by the City, and by payment of any civil penalty imposed for the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any required restoration or cure. 17.60.210 Notice and Order— Remedies—Abatement In addition to, or as an alternative to, any other judicial or administrative remedy, the City may use the notice and order provisions of this article to order any person responsible for a code violation to abate the violation and to complete the work at such time and under such conditions as the City Page 32 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the City may seek a judicial abatement order pursuant to this article. 17.60.220 Stop Work Order—Authority The City is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a notice and order is not a condition precedent to the issuance of the stop work order. 17.60.230 Stop Work Order— Effect 1. A stop work order represents a determination that a code violation has occurred or is occurring, and that any work or activity that caused, is causing or contributing to the violation on the property where the violation has occurred, or is occurring, must cease. 2. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the City. 3. A stop work order may be appealed according to the procedures prescribed in this article. 4. Failure to appeal the stop work order within 20 days renders the stop work order a final determination that the civil code violation occurred and that work was properly ordered to cease. 5. A stop work order may be enforced by the City police. 17.60.240 Stop Work Order— Remedy—Civil Penalties 1. In addition to any other judicial or administrative remedy, the City may assess civil penalties for the violation of any stop work order according to the civil penalty schedule established in SVMC 17.60.260. 2. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated and shall cease accruing on the day the work is actually stopped. 3. Violation of a stop work order shall be a separate violation from any other code violation. 17.60.250 Stop Work Order— Remedy—Criminal Penalties In addition to any other judicial or administrative remedy, the City may forward to the office of City Attorney a detailed factual background of the alleged violation with a recommendation that a misdemeanor charge be filed against the person(s) responsible for any willful violation of a stop work order. 17.60.260 Civil Penalties—Assessment Schedule 1. Civil penalties for code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a notice of violation, notice and order, or stop work order, pursuant to the following schedule: Page 33 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program a. Notice and orders and stop work orders: b. Basic initial penalty: $500.00 2. Additional initial penalties may be added where there is: a. Public health risk—amount depends on severity: $0—2,500 b. Environmental damage—amount depends on severity: $0—2,500 c. Damage to property—amount depends on severity: $0—2,500 d. History of similar violations (less than three): $500 e. History of similar violations (three or more): $2,500 f. Economic benefit to person responsible for violation: $5,000 3. The above penalties may be offset by the following compliance: a. Full compliance with a voluntary compliance agreement with prior history of zero to one similar violations: $0— 1,500.00 b. Full compliance with a voluntary compliance agreement and a history of two or more prior similar violations: $0 —500.00 4. The total initial penalties assessed for notice and orders and stop work orders pursuant to this article shall apply for the first 30-day period following issuance of the order, unless another time period is specified in a voluntary compliance agreement. 5. Civil penalties shall be paid within 20 days of service of the notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this article does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this article. 6. The City may suspend civil penalties if the person responsible for a code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled or not pursued, if corrective action identified in the voluntary compliance agreement is not completed as specified, or if the property is allowed to return to a condition similar to that condition which gave rise to the voluntary compliance agreement. 7. Civil penalties assessed create a joint and several personal obligations in all persons responsible for a code violation. 8. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties, the City may file for record with the Spokane County auditor to claim a lien against the real property for the civil penalties assessed under this article if the violation Page 34 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program was reasonably related to the real property. Any such lien can be filed under this article if, after the expiration of 30 days from when a person responsible for a code violation receives the notice and order or stop work order (excluding any appeal) and any civil penalties remain unpaid in whole or in part. 17.60.270 Civil Penalties —Duty to Comply Persons responsible for a code violation have a duty to notify the City in writing of any actions taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for a code violation has come into compliance with the notice and order, voluntary compliance agreement, or stop work order, and has provided sufficient evidence of such compliance. 17.60.280 Civil Penalties—Community Service The City is authorized to allow a person responsible for a code violation that accumulates civil penalties as a result of a notice and order, or for failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in an approved community service project(s) in lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration, or education programs designed to clean up the City. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. The rate at which civil penalties are worked off under this subsection is $10.00 per hour. The City shall take into consideration the severity of the violation, any history of previous violations, and practical and legal impediments in considering whether to allow community service in lieu of paying penalties. 17.60.290 Civil Penalties —Waivers 1. Civil penalties may be waived or reimbursed to the payer by the City under the following circumstances: a. The notice and order or stop work order was issued in error; b. The civil penalties were assessed in error; c. Notice failed to reach the property owner due to unusual circumstances; or d. New, material information warranting waiver has been presented to the City since the notice and order or stop work order was issued. 2. The City shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. 17.60.300 Civil Penalties —Critical Areas 1. The compliance provisions for critical areas are intended to protect critical areas and the general public from harm, to meet the requirements of Chapter 36.70A RCW (the Growth Management Act), and to further the remedial purposes of this article. To achieve this, persons responsible for a code violation will not only be required to restore damaged critical areas, insofar as that is possible and beneficial, but will also be required to pay a Page 35 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program civil penalty for the redress of ecological, recreational, and economic values lost or damaged due to their unlawful action. 2. The provisions of this section are in addition to, and not in lieu of, any other penalty, sanction, or right of action provided by law for other related violations. 3. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other persons who may be liable for a violation, and subject to the exceptions provided in this article, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed. 4. Violation of critical area provisions of this code means: a. The violation of any provision of SVMC 21.40 Critical Areas, or of the administrative rules promulgated there under; b. The failure to obtain a permit required for work in a critical area; or c. The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract or agreement issued or concluded pursuant to the above- mentioned provisions. 5. Any person in violation of SVMC 21.40 Critical Areas may be subject to civil penalties, costs, and fees as follows: a. According to the civil penalty schedule under SVMC 17.60.260; provided, that the exact amount of the penalty per violation shall be determined by the City based on the physical extent and severity of the violation; or b. The greater of: i. An amount determined to be equivalent to the economic benefit that the person responsible for a code violation derives from the violation, measured as the total of: a) The resulting increase in market value of the property; b) The value received by the person responsible for a violation; c) The savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of SVMC 21.40 Critical Areas; or ii. Code compliance costs incurred by the City to enforce SVMC 21.40 Critical Areas. Page 36 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program 17.60.310 Cost Recovery 1. In addition to the other remedies available under this article, upon issuance of a notice and order or stop work order the City shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: a. Reasonable Legal Fees and Costs. For purposes of this section, "reasonable legal fees and costs" shall include, but are not limited to, legal personnel costs, both direct and related, incurred to enforce the provisions of this article as may be allowed by law; and b. Administrative Personnel Costs. For purposes of this section, "administrative personnel costs" shall include, but are not limited to, administrative employee costs, both direct and related, incurred to enforce the provisions of this article; and c. Abatement Costs. The City shall keep an itemized account of costs incurred by the City in the abatement of a violation under this article. Upon completion of any abatement work, the City shall prepare a report specifying a legal description of the real property where the abatement work occurred, the work done for each property, the itemized costs of the work, and interest accrued; and d. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing, or court filing fees. 2. Such costs are due and payable 30 days from mailing of the invoice. 3. All costs assessed by the City in pursuing code compliance and/or abatement create a joint and several personal obligations in all persons responsible for a violation. The office of the City Attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. 4. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a violation pursuant to this article, file for record with the Spokane County auditor to claim a lien against the real property for the assessed costs identified in this article if the violation was reasonably related to the real property, in accordance with any lien provisions authorized by state law. 5. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City may cause a claim for lien to be filed for record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice and order, a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. Page 37 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Shoreline Master Program 17.60.320 Collection of Civil Penalties, Fees, and Costs The City may use the services of a collection agency in order to collect any civil penalties, fees, costs, and/or interest owing under this article. 17.60.330 Abatement 1. Emergency Abatement. Whenever a condition constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. 2. Judicial Abatement. The City may seek a judicial abatement order from Spokane County superior court, to abate a condition which continues to be a violation of this code where other methods of remedial action have failed to produce compliance. 3. The City shall seek to recover the costs of abatement as authorized by this chapter. 17.60.340 Code Compliance Abatement Fund —Authorized All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. 17.60.350 Judicial Enforcement—Petition for Enforcement 1. In addition to any other judicial or administrative remedy, the office of the City Attorney, on behalf of the City, may seek enforcement of the City's order by filing a petition for enforcement in Spokane County superior court. 2. The petition must name as respondent each person against whom the City seeks to obtain civil enforcement. 3. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. Page 38 of 38 P:\Community Development\Planning Commission\2007 Meetings\Public Hearing Draft SMP 1-25-07.doc Public Hearing Draft Title 21 Environ Controls.doc Title 21 Environmental Controls 21.10 Authority This chapter implements the environmental goals and policies outlined in Chapter 8 Natural Environment of the Spokane Valley Comprehensive Plan identified as the Shoreline Management& Restoration Program (SMP) and the State Environmental Policy Act(SEPA). Critical areas identified by this chapter include flood hazard (floodprone) areas, shorelines, wetlands, fish and wildlife habitat, geo-hazard areas, and critical aquifer recharge areas. 21.20 State Environmental Policy Act 21.20.010 Purpose. This chapter implements the State Environmental Policy Act(SEPA), 43.21C.120 Revised Code of Washington (RCW) and Chapter 197-11 Washington Administrative Code (WAC). 21.20.020 Designation of Responsible Official. For those proposals for which the City is lead agency, the responsible official shall be the Community Development Director("Director"). The responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement, and perform any other functions assigned to the lead agency or responsible official. 21.20.030 Lead Agency Determination and Agency Responsibilities. 1. When an application is filed for a nonexempt action or the City initiates a nonexempt action, the responsible official shall determine the lead agency for that proposal pursuant to WAC 197-11-050 and 197-11-922 through 197-11-940, unless a lead agency has been previously identified or the responsible official is aware that another department or agency is in the process of determining the lead agency. 2. When the city is not the lead agency for a proposal, all departments of the city shall use and consider as appropriate either the determination of nonsignificance or the final environmental impact statement of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a determination of nonsignificance or environmental impact statement in addition to that prepared by the lead agency unless the responsible official determines a supplemental environmental review is necessary under WAC 197-11-600. 3. If the city, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city shall be initiated by the responsible official. 4. The responsible official is authorized to make agreements as to lead agency status or shared lead agency's duties fora proposal under WAC 197-11-942 and 197-11-944. 5. The responsible official shall require sufficient information from the applicant to identify other agencies with jurisdiction. 21.20.040 Categorical Exemptions. Categorical exemptions are set forth in WAC 197-11-800. 1. Application. If a proposal fits within any of the exemptions set forth in this section the proposal shall be categorically exempt from the threshold determination requirements of WAC 197-11-720, except as follows: a. The proposal includes an activity that is not exempt under WAC 197-11-908 (critical areas); or b. The proposal is a segment of a proposal that includes a series of actions, physically or functionally related to each other, some of which are categorically exempt and some of which are not; or c. The proposal includes, or is a part of, a series of exempt actions that are physically or functionally related to each other and that together may have a probable significant adverse impact in the judgment of an agency with jurisdiction. Page 1 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc 2. Flexible Thresholds. The City adopts the following exempt levels for new construction pursuant to WAC 197-11-800 (1) (c). a. For residential dwelling units, up to twenty (20) dwelling units'. b. For agricultural structures: up to twenty thousand (20,000) square feet. c. For office, school, commercial, recreational, service or storage buildings; up to twelve thousand (12,000) square feet of gross floor area and with associated parking facilities designed for up to forty(40) parking spaces. d. For parking lots: up to forty(40) parking spaces. e. For landfills and excavations: up to five hundred (500) cubic yards. 3. Procedure. The agency or applicant may proceed with the exempt aspects of a proposal prior to conducting environmental review of the non exempt aspects of a proposal provided that the requirements of WAC 197-11-070 are met. 4. Written findings. The lead agency is not required to document that a proposal is categorically exempt, however, the lead agency may note on an application that a proposal is categorically exempt or place such a determination in the agency's files. 21.20.050 Environmental Checklist. A completed environmental checklist shall be filed prior to or at the same time as an application for a permit, license, certificate, or other approval not categorically exempt. A checklist is not needed if the City and the applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. 1. This checklist has been modified pursuant to WAC 197-11-960 and shall be in the form identified in SVMC 21.20.150 (1) 2. For private proposals, the City will require the applicant to complete the environmental checklist. For public proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. During the review of the environmental checklist, the staff will review and if necessary return the checklist to the applicant for revisions and/or additional information. City staff may also make minor changes or additions to the environmental checklist. 3. For projects submitted under an approved planned action under WAC 197-11-164 and 168, the City shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with, or as part of, a planned action ordinance, or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a thirty day review prior to use. 21.20.060 Threshold Determination A threshold determination is required pursuant to WAC 197-11-310. Within 90 days of issuing a letter of completeness for the application and environmental checklist, the responsible official shall either make a threshold determination or notify the applicant that a determination of significance is likely and indicate the areas of likely impact. The applicant may request that the decision be postponed for an additional thirty (30)days to allow the responsible official to evaluate mitigation measures proposed by the applicant. The responsible official shall grant such extension, if requested. 21.20.070 Threshold Determination -Determination of Nonsignificance(DNS) 1. The responsible official may issue a DNS pursuant to WAC 197-11-340 if there will be no probable significant adverse impacts from a proposal. The lead agency shall prepare and issue a DNS substantially in the form provided in WAC 197-11-970. 2. When a DNS is issued for any of the proposals listed in subsection (a) of this section, the requirements of this subsection shall be met. The requirements of this subsection do not apply to a DNS issued when the optional DNS Process set forth in SVMC 21.20.090 is used. Page 2 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc a. An agency shall not act upon a proposal for fourteen (14) days after the date of issuance of a DNS if the proposal involves: i. Another agency with jurisdiction; ii. Demolition of any structure or facility not exempted by WAC 197-11-800(2)(f) or 197-11- 880; iii. Issuance of clearing or grading permits not exempted under SVMC 21.20.040; iv. A DNS under WAC 197-11-350(2), (3) or 197-11-360(4); or v. An action related to the requirements of the Growth Management Act. b. The responsible official shall send the DNS and environmental checklist to agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal, and shall give notice pursuant to SVMC 21.20.110(1). c. Any person, affected tribe, or agency may submit comments to the lead agency within fourteen (14) days of the date of issuance of the DNS. d. The date of issue for the DNS is the date the DNS is sent to the Department of Ecology and agencies with jurisdiction and is made publicly available. e. An agency with jurisdiction may assume lead agency status only within the fourteen (14) day comment period pursuant to WAC 197-11-948. f. The responsible official shall reconsider the DNS based on timely comments and may retain or modify the DNS or, if the responsible official determines that significant adverse impacts are likely, withdraw the DNS and/or supporting documents. When a DNS is modified, the lead agency shall send the modified DNS to agencies with jurisdiction. 3. The lead agency shall withdraw a DNS if: a. There are substantial changes to the proposal so that the proposal is likely to have significant adverse environmental impacts; or b. There is significant new information indicating, or on, a proposal's probable significant adverse environmental impacts; or c. The DNS was procured by misrepresentation or lack of material disclosure; if such DNS resulted from actions of an applicant, any subsequent environmental checklist on the proposal shall be prepared directly by the lead agency or a consultant at the expense of the applicant. 4. If the lead agency withdraws a DNS, the lead agency shall make a new threshold determination and notify other agencies with jurisdiction of the withdrawal and new threshold determination. If a DS is issued, each agency with jurisdiction shall commence action to suspend, modify or revoke any approvals until the necessary environmental review has occurred (WAC 197-11-070). 21.20.080 Threshold Determination -Mitigated Determination of Nonsignificance (MDNS). 1. The responsible official may issue a MDNS based on conditions attached to the proposal by the responsible official or on changes to or clarification of the proposal made by the applicant in a manner consistent with WAC 197-11-350. 2. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must: a. Follow submission of a complete permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and b. Precede the agency's actual threshold determination for the proposal. 3. The responsible official or a designee shall respond in writing to the request for early notice within fourteen days unless otherwise agreed to. The response shall: Page 3 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc a. Be in writing; and b. State whether the City currently considers issuance of a DS likely, and if so, indicate the general or specific area(s) of concern leading the City to consider a DS; and c. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. 4. The City's written response under the subsections above shall not be construed as a DS. In addition, preliminary discussions of clarifications or changes to a proposal, shall not bind the City to consider the clarifications or changes in its threshold determination. 5. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the responsible official shall base the threshold determination on the changed or clarified proposal. a. If the responsible official indicated specific mitigation measures in the response to the request for early notice and the applicant changed or clarified the proposal to include those specific mitigation measures, the responsible official shall issue and circulate a DNS pursuant to WAC 197-11- 340(2). b. If the responsible official indicated areas of concern but did not indicate specific mitigation measures that would allow the issuance of a DNS, the responsible official shall make the threshold determination, issuing a DNS or DS as appropriate. c. The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. d. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. 6. A MDNS is issued either under WAC 197-11-340(2) requiring a fourteen day comment period unless otherwise established by agency procedure and public notice pursuant to Section 20.20.130 SVMC, or under WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application. 7. Mitigation measures incorporated in the MDNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit or enforced in any manner specifically prescribed by the City. 21.20.090 Optional DNS Process. 1. If the city has a reasonable basis for determining significant adverse environmental impacts are unlikely, it may use a single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the proposal. If this process is used, a second comment period will typically not be required when the DNS is issued (refer to subsection (4) of this section). 2. If the lead agency uses the optional DNS process specified in subsection (1) of this section, the lead agency shall: a. State on the first page of the notice of application that it expects to issue a DNS for the proposal and that: i. The optional DNS process is being used; ii. This may be the only opportunity to comment on the environmental impacts of the proposal; iii. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and Page 4 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc iv. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. In addition, the lead agency may choose to maintain a general mailing list for threshold determination distribution. b. List in the notice of application the conditions being considered to mitigate environmental impacts, if a MDNS is expected. c. Comply with the requirements for a notice of application in SVMC 17.40 and public notice in SVMC 21.20.110(1). d. Send the notice of application and environmental checklist to: i. Agencies with jurisdiction, the Department of Ecology, affect tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and ii. Anyone requesting a copy of the environmental checklist for the specific proposal. 3. If the lead agency indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application pursuant to WAC 197-11-948. 4. The responsible official shall consider timely comments on the notice of application and take one of the following actions: a. Issue a DNS or MDNS with no comment period using the procedures in subsection (5)of this section; b. Issue a DNS or MDNS with a comment period using the procedures in subsection (5)of this section, if the lead agency determines a comment period is necessary; c. Issue a DS; or d. Require additional information or studies prior to making a threshold determination. 5. If a DNS or mitigated DNS is issued under subsection (d)(1) of this section, the lead agency shall send a copy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be recirculated. 21.20.100 Threshold Determination—Determination of Significance (DS) If the responsible official determines that a proposal may have a probable significant adverse environmental impact, the responsible official shall prepare and issue a determination of significance (DS) substantially in the form substantially in the form provided in WAC 197-11-980. The DS shall contain the information as set forth in WAC 197-11-360. An environmental impact statement shall be prepared for projects for which a DS threshold determination has been issued consistent with the appropriate sections of this Title and referenced sections of the WAC. 21.20.110 Environmental Impact Statement. An environmental impact statement(EIS) is required for project and nonproject actions that may have a significant adverse impact on the environment as more specifically set forth in WAC 197-11-330 and shall be prepared pursuant to WAC 197-11-400 through 460. 21.20.120 Environmental Impact Statement—Preparation. 1. Any person, firm, or corporation assisting in the preparation of an EIS for private projects shall have expertise and experience in preparing environmental impact statements and shall be approved in writing by the responsible official before participating in the EIS process. 2. Preparation of environmental impact statements, supplemental environmental impact statements, and other environmental documentation shall be under the direction of the responsible official. The documents may be prepared by the city staff, or by a consultant approved and directed by the City, however all costs involved in the preparation of an EIS shall be borne by the applicant. The responsible official shall notify Page 5 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc the applicant of the City's procedure for preparation, and distribution of the draft and final environmental impact statement. 3. The City may require an applicant to provide information the City does not possess, including specific investigations relating to elements of the environment, if such information is required under this chapter or another statute or ordinance. 4. Before the city issues a preliminary or final environmental impact statement, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC. 5. The City may create and maintain an EIS list of Qualified Consultants to assist in determining the expertise and experience of consultants using, but not limited to, the following procedures: a. Annually or biannually placing a legal notice in a newspaper of local circulation requesting statement of qualifications (SOQ)from qualified consultants. b. The City will review the SOQs and require interested consultants to submit an application package to be place on the list. c. The City will review the submitted materials and place those consultants who are determined to meet the minimum qualifications on the list. Those qualifications include, but are not limited to: i. Possessing a thorough and comprehensive knowledge of the procedural and substantive requirements of SEPA and related regulations; and ii. Possessing adequate technical and administrative capacity to produce EIS documents and/or associated technical documents. 6. The table of contents shall include a list of elements of the environment as set forth in WAC 197-11-444, indicating those elements or portions of elements that do not involve significant adverse impacts; 7. The City may include, at its discretion, in an EIS or its appendix, the analysis of any impact relevant to the City's decision, whether or not the impact is an environmental one. This inclusion of such analysis may or may not be based upon comments received during the scoping process. The provision for combining documents may be used as set forth in WAC 197-11-640. The EIS shall comply with the formatting requirements of WAC 197-11-400 through WAC 197-11-500. The decision whether to include such information and the adequacy of any such additional analysis shall not be used in determining whether an EIS meets the requirements of SEPA. 8. If the City chooses to include a cost/benefit analysis in an EIS, such analysis shall be consistent with WAC 197-11-450. 21.20.130 Commenting. The rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings are set forth below as well as in WAC 197- 11-500 through 570. 1. Public notice. Whenever possible, the City shall integrate the public notice requirement of this section with existing notice procedures for the City's nonexempt permit(s) or approval(s) required for the proposal. When the City issues a DNS under WAC 197-11-340(2) ora DS under WAC 197-11-360(3), the City shall give public notice as follows: a. If public notice is required for a nonexempt license by other regulations, that notice shall state whether a DS or DNS has been issued and when comments are due. b. If an environmental document is issued concurrently with the Notice of Application, the public notice requirements as set forth in Title 17 of the SVMC will suffice to meet the public notice requirements in WAC 197-11-510(1). c. If no public notice is otherwise required for the permit or approval, the lead agency shall give notice of the DNS or DS as provided for in WAC 197-11-510 and locally adopted rules and regulations. Page 6 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc d. If a DNS is issued using the Optional DNS process, the public notice requirements for a notice of application as set forth in Title 17 of the SVMC as supplemented by the requirements in WAC 197-11-355, will suffice to meet the public notice requirements in WAC 197-11-510(1)(b). e. Whenever the City issues a DEIS under WAC 197-11-455(5) or an SEIS under WAC 197-11-620, notice of the availability of these documents shall be given by the following: i. Indicating the availability of the DEIS in any public notice required for the nonexempt license subsequently published after the issuance of the DEIS and prior to the first public hearing regarding a nonexempt license. ii. Selecting one or more of the following notification methods: 1) Posting the property for site specific proposals pursuant to the administrative procedures for the underlying action; 2) Publishing a legal notice in a newspaper of general circulation; 3) Notifying public or private groups, which have expressed an interest in a certain proposal, or in the type of proposal being considered; 4) Notifying the news media; 5) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; 6) Publishing notice in newsletters and/or sending notice to agency mailing lists (either general lists or lists for specific proposals for subject areas). f. The City may require an applicant to complete the public notice requirements for the proposal at his or her expense or otherwise may charge a fee sufficient to cover the lead agency's entire cost of meeting the public notice requirements. 2. Response to a Consultation Request. The director of the department with appropriate expertise shall be responsible for preparation of written comments for an agency in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing DEIS in a manner consistent with WAC 197-11-550. 21.20.140 Using Existing Environmental Documents. Existing environmental documents prepared under SEPA or the National Environmental Policy Act(NEPA) may be used for an agency's own environmental compliance in a manner consistent with WAC 197-11-164 through 172 and WAC 197-11-600 through 640. 21.20.150 SEPA Agency Decisions, Conditions, and Appeals. 1. SEPA decisions to mitigate anticipated impacts or deny proposals shall be made in a manner consistent with WAC 197-11-650 and 660. The City, in making its determination shall consider relevant environmental documents, alternatives, and mitigation measures as set forth in WAC 197-11-655. 2. The City may attach conditions to a permit or approval for a proposal so long as: a. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared with regard to the license; b. Such conditions are in writing; c. The mitigation measures included in such conditions are reasonable and capable of being accomplished; d. The City has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and e. Such conditions are based on one or more policies in subsection 3 of this section and cited in the license or other decision document. 3. The City may deny a permit or approval for a proposal on the basis of SEPA provided that: Page 7 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc a. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a Final Environmental Impact Statement(FEIS) or final Supplemental Environmental Impact Statement(SEIS) prepared pursuant to the ordinance codified in this chapter; and b. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and c. The denial is based on one or more policies identified in section 21.20.130 (4) and identified in writing in the decision document. 4. Pursuant to RCW 43.21.060 and WAC 197-11-060(a) and 197-11-902 the City adopts the following policies as the basis for the imposition of mitigating conditions as set forth in this Chapter. a. The City shall use all practicable means consistent with other essential considerations of state policy to improve and coordinate plans, functions, programs and resources to the end that the State and its citizens may: i. fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; ii. assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings; iii. attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; iv. preserve important historic, cultural and natural aspects of our national heritage; v. maintain, wherever possible, an environment which supports diversity and variety of individual choice; vi. achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and vii. enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. b. The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. 5. The City, for the purposes of RCW 43.21C.060 and WAC 197-11-660(a), adopts by reference the policies, plans, rules, and regulations, and all amendments thereto, identified in Appendix D. Appendix D is adopted and may be amended by the City pursuant to WAC 197-11-902. 6. Except for permits and variances issued pursuant to RCW Chapter 90.58 (the Washington State Shorelines Management Act) and rules promulgated thereto, appeals of decisions or actions conditioned or denied on the basis of SEPA by a non elected official shall be appealable in accordance with SVMC 17.50 21.20.160 Definitions. Uniform usage and definitions of terms under SEPA are set forth in WAC 197-11- 700 through 792. 21.20.170 Forms. The city adopts the following forms attached as Appendix 21A for use in carrying out the local SEPA procedures: 1. Environmental checklist; 2. Notice of Assumption of Lead Agency Status; 3. Determination of Significance and Scoping Notice (DS); 4. Determination of Nonsignificance (DNS); 5. Adoption notice; Page 8 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc 6. Notice of Action. Page 9 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc 21.30 Floodplain Regulations 21.30.010 Purpose and Applicability 1. The provisions of this chapter shall apply to all areas of special flood hazards within the jurisdiction of Spokane Valley, Washington, and shall be administered in conformance with the National Flood Insurance Act, as amended (codified in CFR 60) and A summary of NFIP Policy for Local Officials, FEMA Region 10 Mitigation Division, July 2001. 21.30.020 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Appeal means a request for a review of the interpretation of any provision of this ordinance or a request for a variance. Area of Shallow Flooding means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM) and which has the following characteristics: a. The base flood depths range from one to three feet; b. A clearly defined channel does not exist; c. The path of flooding is unpredictable and indeterminate; and, d. Velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding and includes a base flood elevation. Area of Special Flood Hazard means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Base Flood means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the"100-year flood." Designation on maps always includes the letters A or V. Basement means any area of the building having its floor sub-grade (below ground level) on all sides. Breakaway Wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Critical Facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. Cumulative Substantial Damage means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. Elevated Building means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. Elevation Certificate means the official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by Community Officials. Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. Page 10 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc Expansion to an existing Manufactured Home Park or Subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters and/or b. The unusual and rapid accumulation of runoff of surface waters from any source. Flood Insurance Rate Map (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. Flood Storage Area means floodplain areas designated on the FIRM where the storage and infiltration of floodwater has been taken into account in reducing flood discharges. Storage areas may include floodwater conveyance or floodway characteristics. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Infiltration means the infiltration of floodwater into the ground which may be taken into account in reducing flood discharges. Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is equipped with adequate flood-ventilation openings specified in 21.30.060 3.a.ii of this title. Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a"recreational vehicle." Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. New Construction means structures for which the "start of construction" commenced on or after the effective date of this ordinance. New Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. Recreational Vehicle means a vehicle which is: a. Built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projection; c. Designed to be self-propelled or permanently towable by a light duty truck; and d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Page 11 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means a walled and roofed building including a gas or liquid storage tank that is principally above ground. Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: a. Before the improvement or repair is started; or b. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Variance means a grant of relief from the specific requirements of this chapter which permits construction in a manner that would otherwise be prohibited. Water Dependent means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. 21.30.020 Basis for Establishing Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study Spokane County" dated May 17, 1988, and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at the office of the Spokane Valley Floodplain Administrator. 21.30.030 Compliance & Enforcement No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter. Enforcement procedures for violations of this chapter shall be in conformance with SVUDC 17.60. 21.30.035 Abrogation and Greater Restrictions This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 21.30.040 Interpretation In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirements; Page 12 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc 2. Liberally construed in favor of the governing body; and, 3. Deemed neither to limit nor repeal any other powers granted under State statutes. 21.30.045 Warning & Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Spokane Valley, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 21.30.050. Administration 1. Development Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in this chapter. The permit shall be for all structures including manufactured homes, as set forth in the "Definitions," and for all development including fill and other activities, also as set forth in the"Definitions." 2. Application for Development Permit: Application for a development permit shall be made on forms furnished by the City and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: a. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FF 81-31) with Section B completed by the local official; b. Elevation in relation to mean sea level to which any structure has been flood-proofed; c. Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in 21.30.060.3.b. and d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 3. Designation of the Local Administrator: The Community Development Director is hereby designated as Floodplain Administrator and appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. 4. Duties and Responsibilities of the Local Administrator shall include, but not be limited to: a. Review all development permits to determine that the permit requirements of this ordinance have been satisfied. b. Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of 21.30.060.f. are met. d. When base flood elevation data has not been provided (A and V Zones) in accordance with SVMC 21.30.020 Basis for Establishing the Areas of Special Flood Hazard, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 21.30.060.3. Specific Standards, and 21.30.060.f. Floodways. e. Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in subsection d above, the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or Page 13 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc not the structure contains a basement shall be recorded on a current elevation certificate (FF 81- 31)with Section B completed by the local administrator. f. For all new or substantially improved flood-proofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in subsection d. above, the local administrator shall: i. Obtain and record the elevation (in relation to mean sea level) to which the structure was flood-proofed and ii. Maintain the flood-proofing certifications required in 21.30.050 section 2c. above. iii. Maintain for public inspection all records pertaining to the provisions of this chapter. g. The local administrator shall i. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. ii. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. h. The local administrator shall make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the interpretation of the Floodplain Administrator in relation to the boundary shall be given a reasonable opportunity to appeal pursuant to the procedures outlined in SVMC 17.50 Appeals. i. The local administrator is expressly authorized to require compliance with all federal and state permit requirements, and may require Letters of Map Amendment (LOMA) and Conditional Letters of Map Revision (CLOMR), particularly where a proposal identifies a floodplain location that is different from that set forth on the official FIRM. 21.30.055 Variances 1. Decision on variances. a. The duly appointed Hearing Examiner shall hear and decide requests for variances from the requirements of this section following notice of not less than fifteen (15) days and public hearing. The contents of the appeal shall be as set forth in SVMC 17.50.040. Appeal procedures shall be as set forth in SVMC 17.50.060. The decision or determination of the Hearing Examiner shall be final unless appealed pursuant to RCW 36.70C. b. In passing upon such applications, the Hearing Examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: i. The danger that materials may be swept onto other lands to the injury of others; ii. The danger to life and property due to flooding or erosion damage; iii. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; iv. The importance of the services provided by the proposed facility to the community; v. The necessity to the facility of a waterfront location, where applicable; vi. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; vii. The compatibility of the proposed use with existing and anticipated development; viii. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; Page 14 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc ix. The safety of access to the property in times of flood for ordinary and emergency vehicles; x. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, xi. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. c. Upon consideration of the factors and the purposes of this ordinance, the Hearing Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. The City shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 2. Conditions for Variances a. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section 21.30.055.1.a. have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. b. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. c. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. d. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. e. Variances shall only be issued upon: i. A showing of good and sufficient cause, pursuant to SVMC 21.30.055.1.a of this chapter; ii. A determination that failure to grant the variance would result in exceptional hardship to the applicant; iii. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. f. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. g. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 21.30.055.2.a, and otherwise complies with Sections 21.30.060 subsections a., b. and c. of the General Standards. h. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. i. Any appeal of a decision or determination of the local administrator is a decision on a Type II application. An appeal of the decision shall be made pursuant to SVMC 17.50. 21.30.060. Provisions for Flood Hazard Reduction Page 15 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc 1. General Standards In all areas of special flood hazards, the following standards are required: a. Anchoring i. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. ii. Where permitted pursuant to Section 5 below, all manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). b. AH Zone Drainage Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. c. Construction Materials and Methods i. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. ii. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. iii. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. Utilities i. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; ii. The proposed water well shall be located on high ground that is not in the floodway (WAC 173-160-171); iii. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and, iv. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. e. Subdivision and Other Proposed Developments i. All development proposals shall be consistent with the need to minimize flood damage; ii. All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; iii. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, iv. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated by a civil engineer licensed in the state of Washington for all short subdivision and subdivision proposals and binding site plans. v. Pursuant to RCW 58.17.120, no plat shall be approved for any land situated within the 100-year floodplain as provided RCW 86.16 without the prior written approval of the department of ecology of the State of Washington. Page 16 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc 2. Review of Building Permits Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is the Floodplain Administrator's judgment and includes, but is not limited to use of historical data, high water marks, photographs of past flooding, etc., where available. The Floodplain Administrator may require the applicant to locate the lowest floor at least two feet above the highest adjacent natural ground surface. Failure to elevate at least two feet above the highest adjacent natural ground surface in these zones may result in higher insurance rates. 3. Specific Standards In all areas of special flood hazards where base flood elevation data has been provided (Zones A1- 30, AH, and AE) as set forth in 21.30.020, Basis for Establishing the Areas of Special Floodplain Hazard, or Section 21.30.050.d. relating to use of Other Base Flood Data, the following provisions are required: a. Residential Construction i. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. ii. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a professional engineer or architect licensed in the state of Washington or must meet or exceed the following minimum criteria: (a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than one foot above grade. (c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. b. Non-residential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: i. Be flood-proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; iii. Be certified by a professional engineer or architect licensed in the state of Washington that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. iv. Nonresidential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor. v. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g. a building flood-proofed to the base flood level will be rated as one foot below). c. Manufactured Homes Page 17 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc All manufactured homes in the floodplain to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and shall be securely anchored to a permanent foundation system to resist flotation, collapse and lateral movement; provided however that manufactured homes to be placed on substantially improved sites in an existing manufactured home park or subdivision which has not experienced substantial damage as a result of flooding shall be elevated so that either: The bottom of the crawl space of the manufactured home is elevated one foot or more above the base flood elevation, or ii. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. d. Recreational Vehicles Recreational vehicles placed on sites are required to either: i. Be on the site for fewer than 180 consecutive days, ii. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or e. AE and A1-30 Zones with Base Flood Elevations but no Floodways i. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. ii. In the unnumbered A zones, the development may not increase the water surface elevation of the base flood by more than one (1)foot at any point. iii. In the A zones where base flood elevations have been provided, but floodways have not been established, the development may not increase the surface water elevation of the base flood by more than one-tenth (1/10th) of a foot at any point. iv. All adjacent or other property owners impacted by the development within the floodplain must give their written, notarized approval for ANY increased base flood elevations upon their property. f. A Zones with Base Flood Elevations and Floodways Established In the A zones where base flood elevations have been provided and floodways have been established, the development may not increase the surface water elevation of the base flood at any point. g. Floodways Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: i. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. ii. Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not Page 18 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places may_be included in the 50 percent. iii. If the provisions of this section are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of 21.30.060 Provisions for Flood Hazard Reduction. h. Water Dependent Works For water-dependent utilities and other installations which by their very nature must be in the flood fringe and/or floodway (such uses as, but not limited to, roads, bridges, marinas, dams for domestic/industrial water supply, flood control and/or hydroelectric production; water 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 and nonstructural flood damage reduction facilities, and stream bank stabilization structures and practices), these provisions apply: i. The applicant shall supply convincing evidence that a flood fringe and/or floodway location is necessary in view of the objectives of the proposal and provided further that the proposal is consistent with other provisions of this title and relevant local, state and federal regulations. ii. In all instances of locating utilities and other installations in floodway locations, project design must incorporate flood-proofing certified by a professional civil engineer registered as such by the State of Washington to be capable of withstanding 100-year flood flows and velocities. iii. For any works that impound water, the applicant shall provide documentation of easements, flowage rights or ownership of the impoundment area and certification by a professional civil engineer registered as such by the State of Washington that the works will cause no increase in the 100-year flood elevation outside the impoundment areas and that the works and associated impoundment area will not impair the ability of natural drainageways to drain floodwaters adequately during a flooding event. h. Standards for Shallow Flooding Areas (AO Zones) Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: i. New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community's FIRM (at least three feet above the highest adjacent grade to the structure if no depth number is specified). ii. New construction and substantial improvements of nonresidential structures within AO zones shall either: (a) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least three feet if no depth number is specified); or (b) Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the Page 19 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect. iii. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. iv. Recreational vehicles placed on sites within AO Zones on the community's FIRM either: (a) Be on the site for fewer than 180 consecutive days, (b) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 21.30.070. Additional Requirements 1. In all storage areas designated on the FIRM, there shall be no net loss of flood storage or infiltration capacity. 2. No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre-development ground surface and the base flood elevation is provided in the immediate area of the proposed development tocompensate for the volume of storage which is lost (compensatory storage). Excavation below the ground water table shall not constitute an equal volume of storage. 3. No obstruction shall be permitted in any storage area which restricts or diminishes floodwater conveyance capacity or floodway characteristics. 21.30.075 Critical Facilities Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood (Shaded Zone X), whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood- proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible." 21.40 Critical Areas WAC 365-195-410 requires that critical areas be designated and that regulations to protect them be adopted. Critical areas include wetlands, areas of critical recharging effect on aquifers used for potable water; fish and wildlife habitat conservation areas, frequently flooded areas; and geologically hazardous areas. 21.40.010 Wetlands. 1. Wetland Classification & Rating Wetland areas mean areas that are inundated or saturated by surface water 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 swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland 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 created to mitigate conversion of wetlands [RCW 36.70A.030(21)] Page 20 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc Wetlands areas are identified in Chapter 8 of the Spokane Valley Comprehensive Plan in conformance with the Washington State Wetlands Identification and Delineation Manual(Ecology Publication#96-94), March 1997, as it may be amended from time to time, which classifies wetlands. Wetland scoring is based on the Washington State Wetland Rating System for Eastern Washington (Ecology Publication#04-06-15, or as amended). a. Category I. Category I wetlands are those that represent a unique or rare wetland type; are more sensitive to disturbance than most wetlands; are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or provide a high level of function. i. alkali wetlands; ii. wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR as high quality wetlands; iii. bogs iv. mature and old-growth forested wetlands over 1/4 acre with slow-growing trees; v. forests with stands of aspen; and vi. wetlands that perform many functions very well (scores of 70 points or more). b. Category II. Category II wetlands are difficult, though not impossible, to replace, and provide high levels of some functions and include: i. forested wetlands in the floodplains of rivers; ii. mature and old-growth forested wetlands over%4 acre with fast-growing trees; iii. vernal pools; and iv. wetlands that perform functions well (scores between 51-69 points). c. Category Ill. Category III wetlands include i. vernal pools that are isolated, and ii. wetlands with a moderate level of functions (scores between 30-50 points). d. Category IV. Category IV wetlands have the lowest level of functions and are often heavily disturbed. These wetlands may provide important functions and shall be replaced or restored. 2. Wetland Buffer Areas a. Exemptions: i. Wetlands less than 1,000 square feet in area where the area is not associated with a riparian corridor; is not a vernal pool, an alkali wetland, part of a wetland mosaic, or does not contain habitat identified as essential for local populations of priority species. ii. Category III and IV wetlands of less than 4,000 square feet in area where the area is not associated with a riparian corridor; is not a vernal pool, an alkali wetland, part of a wetland mosaic, does not contain habitat identified as essential for local populations of priority species scoring less than 20 points or less on the Eastern Washington Rating System and is not required for bio-filtration of stormwater. iii. An exemption under this section does not relieve the proponent for providing full mitigation through restoration or replacement. b. Buffers: i. Wetland buffer areas shall be required for all regulated uses and activities adjacent to wetlands. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as determined in the field. Page 21 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission101-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc ii. The width of wetland buffers shall be established by one of the following methods: • Alternative 1. Width based only on wetland category. Wetland Minimum Buffer Category Width (in feet) 250 I I 200 III 150 IV 50 • Alternative 2. Width based on wetland category and the intensity of impacts from proposed changes in land use. Land use intensity shall be determine as follows: Impact from Types of Land Use Based on Common Zoning Designations* Proposed Change in Land Use High Commercial, Industrial and Institutional Residential (more than 1 unit/acre) High-intensity recreation (golf courses, ball fields, etc.) Moderate Residential (1 unit/acre or less) Moderate-intensity active open space(parks with biking,jogging, etc.) Paved trails Utility corridor with access/maintenance road Low • Passive open space(hiking, bird-watching,etc.) • Unpaved trails • Utility corridor without road or vegetation management. Wetland Minimum Buffer Width (in feet) Category Low Impact Moderate Impact High Impact 125 190 250 II 100 150 200 III 75 110 150 IV 25 40 50 • Alternative 3. Width based on wetland category, intensity of impacts, and wetland functions or special characteristics. This alternative has two options for determining the widths of buffers when they are based on the score for habitat. Alternative 3 provides three buffer widths based on habitat scores. This alternative has two options for determining the widths of buffers when they are based on the score for habitat. Alternative 3 provides three buffer widths based on habitat scores. Where more than one width applies based on score for function or based on special characteristics, the calculation providing the widest buffer shall be used. Wetland Habitat Minimum Buffer Width (in feet) Category Score Low Impact Moderate Impact High Impact 29-36 100 150 200 Page 22 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc 20-28 75 110 150 <20 50 75 100 29-36 100 150 200 II 20-28 75 110 150 <20 50 75 100 20-28 75 110 150 III >28 40 60 80 IV 25 40 50 Special Characteristic Low Moderate High Impact Impact Impact Vernal Pool 100 150 200 Vernal Pool with regional 40 60 80 plan* Natural Heritage Wetland 125 190 250 Bogs 125 190 250 Alkali 100 150 200 c. Additional buffer area width may be required by the Director if: i. The wetland includes 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 such as heron rookeries or raptor nesting trees; or ii. The adjacent land has a slope of 30% or more adjacent to the wetland, the buffer area may be increased by 50%. d. Reduction of Standard Wetland Buffer Area Width. i. The standard wetland buffer area width scored moderate or high for habitat may be reduced if: a) A relatively undisturbed vegetative corridor of at least 100 feet in width is protected between the wetland and any other priority habitats; and b) The protected area is preserved by means of easement, covenant or other measure; and c) Measures identified in subsection ii. are taken to minimize the impact of any proposed land use. ii. The standard wetland buffer area width scored less than 20 for habitat may be reduced to that for moderate land use impact where the following mitigation measures are approved by the City: Disturbance Minimum Buffer Area(in feet) Light Light sources are shielded from the wetland Noise Wetland is shielded from noise. Stormwater run-off Bio-filtration or other measures prevent introduction of Page 23 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc unfiltered stormwater directly into the wetland Human Activity Visual screening of wetlands is required. Dust/Particulates Parking and driveways are paved. e. Standard Buffer Width Averaging. i. Standard wetland buffer area width may be averaged if all of the following conditions exist: a) The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a"dual-rated"wetland with a Category I area adjacent to a lower rated area b) 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 c) The total area of the buffer after averaging is equal to the area required without averaging d) The buffer at its narrowest point is never less than 3/4 of the required width ii. Averaging may be permitted when all of the following are met: a) There are no feasible alternatives to the site design that could be accomplished without buffer averaging b) The averaged buffer will not result in degradation of the wetland's functions and values as demonstrated by a report from a qualified wetland expert c) The total buffer area after averaging is equal to the area required without averaging d) The buffer at its narrowest point is never less than 3/4 of the required width f. Wetland Buffer Maintenance. Except as otherwise specified, wetland buffer areas shall be retained in their natural condition. Where buffer disturbances have occurred before or during construction, re- vegetation with native vegetation shall be required. Page 24 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc 3. Wetland Mitigation Plan When mitigation is required, the applicant shall submit a mitigation plan which shall include: a. A written report identifying environmental goals and objectives of the compensation proposed, including: i. A description of the anticipated impacts to the critical areas and the mitigating actions proposed, including the site selection criteria; mitigation goals and objectives, in relation to the functions and values of the impacted critical area; and dates for beginning and completion of mitigation activities. ii. A review of the best available science supporting the proposed mitigation and a description of the report author's experience to date in restoring or creating the type of critical area proposed; and iii. An analysis of the likelihood of success of the compensation project. b. Measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of critical area regulations in this Chapter have been met. c. Details of the mitigation shall include: i. The proposed construction method, sequence, timing, and duration; ii. Grading and excavation details; iii. Erosion and sediment control features; iv. A planting plan specifying plant species, quantities, locations, size, spacing, and density; and v. Measures to protect and maintain plants until established. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. d. A program for monitoring construction of the mitigation project and for assessing the completed project against its goals and objectives. e. Identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met. f. All reasonable efforts to avoid and minimize impacts to critical areas shall be evaluated. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference: i. Avoiding the impact altogether by not taking a certain action or parts of an action; ii. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; iii. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project; iv. Minimizing or eliminating a hazard by restoring or stabilizing the hazard area through engineered or other methods; v. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; Page 25 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc vi. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and vii. Monitoring the hazard or other required mitigation and taking remedial action when necessary. g. If compensatory mitigation is proposed, the mitigation plan shall also include the following: i. A baseline study that analyzes the existing functions of the wetland and wetland buffer, functions that will be lost, and functions after mitigation; ii. Description of how lost functions will be replaced; iii. Description of when mitigation will occur relative to project construction; iv. Provisions for adequate monitoring to ensure success of the mitigation plan. The monitoring plan shall outline the approach for monitoring construction and assessment of the completed project. , and shall include a monitoring schedule. A monitoring report shall be submitted to the City annually for a period of at least 5 years and shall document successes, problems and contingency actions of the mitigation project. Monitoring activities may include, but are not limited to: a) Establishing vegetation monitoring plots to track changes in plant species composition and density over time; b) Measuring base flow rates and storm water runoff to model and evaluate hydrologic predictions; c) Sampling fish and wildlife populations to determine habitat utilization, species abundance and diversity; and d) Sampling surface and subsurface waters to determine pollutant loading, and changes from the natural variability of background conditions. v. A contingency plan specifying what corrective actions will be taken should the mitigation not be successful. h. Wetland mitigation banks. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: i. The bank is certified under State law; ii. The wetland mitigation bank provides compensation for the authorized impacts; and iii. The proposed use of credits is consistent with the terms and conditions of the bank's certification. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification. 4. Wetland Mitigation & Restoration. Any wetland lost or degraded as a result of human activity shall require an approved Wetland Mitigation Plan, prepared by a qualified ecologist and approved by the Washington Department of Ecology, including one or more of the following measures: a. Wetland acreage replacement and mitigation requirements based on the number of units impacted: require replacement/mitigation according to the following: Wetland Replacement and Mitigation Ratios Impacted Replacement Re-establishment/ Rehabilitation Combined R/C& Combined R/C Enhancement Wetland Creation(R/C) Only Rehabilitation &Enhancement Only Category I 1:6 1:12 1:8* 1:1 R/C&1:6 RH* 1:1 R/C&1:12"' 1:16* Page 26 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc Wetland Replacement and Mitigation Ratios Impacted Replacement Re-establishment/ Rehabilitation Combined R/C& Combined R/C Enhancement Wetland Creation(R/C) Only Rehabilitation &Enhancement Only Category II 1:3 1:3 1:6 1:1 R/C&1:4 RH 1:1 R/C&1:8 1:12 Category III 1:2 1:2 1:4 1:1 R/C&1:2 RH 1:1 R/C&1:4 1:8 Category IV 1:1..5 1:5 1:3 1:1 R/C&1:1 RH 1:1 R/C&1:2 E 1:6 * Based on score for function R/C = Re-establishment/Creation b. Wetland mitigation' may be permitted off-site if: i The hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the loss within that primary drainage basin; and ii. On-site mitigation is not scientifically feasible due to problems with hydrology, soils, or other factors such as other potentially adverse impacts from surrounding land uses; or iii. Existing functions off-site are significantly greater than lost wetland functional values; or iv. Established goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify off-site location of mitigation measures. 5. Permits Required. A permit shall be required for all development which affects wetlands or wetland buffers. The permit shall specify: a. The timing and conditions of mitigation, restoration or enhancement; b. Requirements for title notice, conservation easements or plat dedication; c. Access limitations and fencing, if required; d. Temporary and permanent signage; and e. Requirements for staking of wetland and buffers prior to development. f. The application shall be accompanied by a report prepared by a certified biologist specifying the classification, scoring and justification for the selection of method and proposed replacement/creation, rehabilitation, and mitigation proposed. A copy of the report shall be filed with the Washington Department of Ecology. 21.40.020 Fish and Wildlife Habitat Conservation Areas. 1. Priority Habitats. Priority habitats within Spokane Valley are illustrated in the 2006-2026 Comprehensive Plan, as it may be amended from time to time, and include wetlands, riparian, urban open space, and the habitat of native species, as defined in Appendix"A" illustrated in the Spokane Valley Comprehensive Plan. The status of individual species is included in the Washington Department of Fish and Wildlife Management Recommendations for Priority Species and in WAC 232.12. Where differences in regulations exist as a result of overlapping priority habitat, the regulation providing the highest degree of protection shall apply. 2. Wetlands are located on hydric soils, support hydrophytic vegetation and are saturated with water during some portion of the growing season. 3. Riparian fish and wildlife management zones are established pursuant to the classification of streams, lakes and other water bodies by the Washington Department of Natural Resources as follows: 1 Reference:Wetland Mitigation in Washington State,Part 1: Agency Policies and Guidance(Version 1,Publication#06- 06-011a,March 2006)and Wetland Mitigation in Washington State,Part 2: Developing Mitigation Plans(Version 1, Publication#06-06-011b,March 2006) Page 27 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc a. "Type S Water" means all waters, within their bankfull width, as inventoried as"shorelines of the state" under chapter RCW 90.58 and the rules promulgated pursuant to chapter RCW 90.58 including periodically inundated areas of their associated wetlands. b. "Type F Water" means segments of natural waters other than Type S Waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of 0.5 acre or greater at seasonal low water and which in any case contain fish habitat or are described by one of the following four categories: i. Waters, which are diverted for domestic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the department to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type F Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less; ii. Waters, which are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall be considered Type F Water upstream from the point of diversion for 1,500 feet, including tributaries if highly significant for protection of downstream water quality. The department may allow additional harvest beyond the requirements of Type F Water designation provided the department determines after a landowner-requested on-site assessment by the department of fish and wildlife, department of ecology, the affected tribes and interested parties that: (a) The management practices proposed by the landowner will adequately protect water quality for the fish hatchery; and (b) Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery; iii. Waters, which are within a federal, state, local, or private campground having more than 10 camping units: Provided, That the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within 100 feet of a camping unit, trail or other park improvement; iv. Riverine ponds, wall-based channels, and other channel features that are used by fish for off- channel habitat. These areas are critical to the maintenance of optimum survival of fish. This habitat shall be identified based on the following criteria: (a) The site must be connected to a fish habitat stream and accessible during some period of the year; and (b) The off-channel water must be accessible to fish. a. "Type Np Water" means all segments of natural waters within the bankfull width of defined channels that are perennial non-fish habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type Np Waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, non-technical observations then Type Np Waters begin at a point along the channel where the contributing basin area is:at least 300 acres. b. "Type Ns Water" means all segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np Waters. These are seasonal, non-fish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np Water. Ns Waters must be physically connected by an above-ground channel system to Type S, F, or Np Waters. Page 28 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc 2. Riparian Management Zones (RMZs) include three zones (measured horizontally in feet from the outer edge of the bankfull width or channel migration zone, whichever is greater) established in the following tables 21- 1 Page 29 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc and 21-2 and zone regulations. Outer zone requirements for S and F stream types are based on DNR Eastern Washington 100-year site index range summarized as follows: Site Class 100-year site Index Range I 120+ II 101-120 III 81-100 IV 61-80 V 560 Table 21-1 Riparian Management Zones for Streams less than 15 feet in width, bankfull Site Class Core Zone Inner Zone Outer Zone Other Total width Type S-Shorelines of the State I 30' 45' 55 n/a 130 II 30' 45' 35 n/a 110 III 30' 45' 15 n/a 90 IV 30' 45' 0 n/a 75 V 30' 45' 0 n/a 75 Type F-Natural waters NOT classified as Shorelines of the State with fish I 30' 45' 55 n/a 130 II 30' 45' 35 n/a 110 III 30' 45' 15 n/a 90 IV 30' 45' 0 n/a 75 V 30' 45' 0 n/a 75 All Type Np-Non-fish-perennial 50 50 All Type Ns—Non-fish Seasonal 302 30 Table 21-2 Riparian Management Zones for Streams greater than 15 feet in width,bankfull Site Class Core Zone Inner Zone Outer Zone Other Total width Type S-Shorelines of the State I 30' 70 30 n/a 130 II 30' 70 10 n/a 110 III 30' 70 0 n/a 90 IV 30' 70 0 n/a 75 V 30' 70 0 n/a 75 Type F-Natural waters NOT classified as Shorelines of the State with fish I 30' 70 30 n/a 130 II 30' 70 10 n/a 110 III 30' 70 0 n/a 100 IV 30' 70 0 n/a 100 V 30' 70 0 n/a 100 All Type Np-Non-fish-perennial 50 50 2 Equipment Limitation Zone Page 30 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc All Type Ns—Non-fish Seasonal 303 30 a. Core zones. The core zone extends 30 feet measured horizontally from the edge of the bankfull width or outer edge of the CMZ, whichever is greater, for all timber habitat types. No harvest or construction is allowed in the core zone except as otherwise provided in WAC 222-30-020. Any trees cut for or damaged by yarding corridors must be left on site. Any trees cut as a result of road construction to cross a stream may be removed from the site unless used as part of a large woody debris replacement strategy. b. Inner zones.Width and leave tree requirements of the inner zone vary by timber habitat type specified in WAC 222-30-020. c. Outer zones.This zone has three categories based on timber habitat type: Ponderosa pine, mixed conifer and high elevation. The width of this zone is 0 to 55 feet measured horizontally from the outer edge of the inner zone depending on the site class and stream width. 2. The shade requirements in WAC 222-30-040 must be met regardless of harvest opportunities provided in the inner zone RMZ rules. 3. An equipment limitation zone is a 30-foot wide zone measured horizontally from the outer edge of bankfull width of a Type Np or Ns Water where equipment is limited. It applies to all perennial and seasonal streams. On-site mitigation shall be required where ground based equipment; skid trails or stream crossings other than existing roads exposes the soil more than 10% of the surface area of the zone. Mitigation must be designed to replace the equivalent of lost functions, especially prevention of sediment delivery. Examples include water bars, grass seeding, mulching, etc. 4. Except as otherwise required to reduce flooding, riparian management zones (RMZ) shall be retained or maintained in accordance with WAC 222-30. 5. None of the limitations on harvest in each of the three zones listed below will preclude or limit the construction and maintenance of roads for the purpose of crossing streams in accordance with WAC 222-24-030 and 222- 24-050, or the creation and use of yarding corridors in accordance with WAC 222-30-060(1). Roads within riparian buffer areas shall be kept to a minimum and shall not run parallel to the water body. Crossings where necessary, shall cross riparian areas at as near right angles as possible. If no alternative exists to placement of a roadway within a riparian area, mitigation may be required. Mitigation measures shall be specified in a management plan and may include, but are not limited to: a. Fencing of riparian buffer area to protect remaining vegetation; and b. Enhancement of remaining riparian buffer area through planting of native vegetation. c. Water crossings must be approved by the Washington State Department of Fish and Wildlife (WAC 75.20.100). 6. Proposed equestrian pedestrian/bike trails shall demonstrate though "Best Available Science"that the location and width of the trail minimizes any adverse impacts on habitat, and that measures to reduce effects during construction are implemented. 7. Off-road motorized vehicle use in riparian buffers areas is prohibited. 8. All development proposals shall follow the bald eagle protection rules (RCW 77.12.655 and WAC 232.12.292), as now or hereafter amended, when the proposal is likely to have a direct impact on the habitat of the bald eagle. 21.40.021 Adjustment of Habitat Buffer Areas 1. Habitat buffer areas may be reduced by the Director up to a maximum of 10% if a riparian buffer area is enhanced using native plants including trees and shrubs according to a plan prepared in consultation with the Spokane County Soil Conservation District and the Washington State Department of Fish and Wildlife. 3 Equipment Limitation Zone Page 31 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc 2. Habitat buffer areas may be modified by the Director if averaging will provide the necessary biological, chemical and physical support necessary to protect the fish and wildlife; and a. The riparian area contains variations in sensitivity due to existing physical characteristics which justify the averaging; or b. The land uses causing the least disturbance would be located adjacent to areas where the buffer width is reduced and that such land uses are guaranteed in perpetuity by covenant, deed restriction, easement or other legally binding mechanism; and c. The total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging. 3. Habitat buffer areas may be increased by the Director up to a maximum of 25% if: a. The land adjacent to the water is susceptible to severe erosion and other erosion control measures will not prevent adverse impacts. b. The land adjacent to the water has minimal vegetative cover or slopes greater than thirty percent. 4. This provision does not diminish the 200 foot buffer requirement applicable to Shorelines of Statewide Significance. 5. Habitat Management Plan Required. A Habitat Management Plan shall be certified by a qualified biologist, reviewed by the Washington Department of Fish &Wildlife and approved in writing by the Director. The Plan shall include: a. A description of the nature, density and intensity of the proposed use or activity in sufficient detail to allow analysis of such land use change upon identified wildlife habitat. b. An analysis of the effect of the proposed use or activity upon fish and wildlife species and their habitats, identified within the priority habitat and species program. c. A plan which explains how the applicant will avoid, minimize or mitigate adverse impacts to fish and/or wildlife habitats created by the proposed use or activity. d. Habitat management recommendations, including potential uses and restrictions of the habitat areas, seasonally sensitive areas and other guidelines necessary for the protection of the species; e. Proposed provisions for ensuring continued protection of habitat and habitat buffer areas. f. Conditions established by an approved Habitat Management Plan shall be included as a condition of approval for a permit. 21.40.030 Geologically Hazardous Areas. 1. Geologically hazardous areas include both erosion and landslide hazard areas where one or more of the following exist: a. A slope of thirty percent or greater; b. Soils identified by Natural Resource Conservation Service as having a severe potential for erosion (see Section 11.20.090(h)Appendix H); c. Hydraulic factors such as existing on-site surface and groundwater or changes in hydraulic factors, caused by proposals that create a severe potential for erosion or landslide hazard; d. Areas that historically have been prone to landslide (areas adjacent to lakes, streams, springs) or any one of the following geologic formations: alluvium, landslide deposit, Latah formation; e. Areas of uncompacted fill; f. Areas that are unstable as a result of rapid stream or stream bank erosion. 2. Geo-Hazard Evaluation & Mitigation Plan Required. Page 32 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc a. A geo-hazard mitigation plan, prepared by a qualified geo-technical engineer shall be prepared for building permits, road construction, utilities and storm drainage facility installations within a geo-hazard area shall be submitted with any application for preliminary plats, short plats, planned development projects, binding site plans; zone reclassifications, conditional use permits, variances, manufactured home park site plans or top soil removal permits located in geologic hazard areas. b. The geo-hazard evaluation shall document the extent and nature of geo-hazard on the subject property and shall provide mitigating measures and an assessment of geo-hazards associated with the proposal. c. A geo-hazard mitigation plan may be required at the time of building permit application or actual construction approvals. 21.40.040 Critical Aquifer Recharge Areas. 1. Classification of Aquifer Susceptibility. Critical aquifer recharge areas 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. a. Aquifer recharge areas are rated as having a high, moderate, or low susceptibility based on a scientific analysis of soils, hydraulic conductivity (the ease with which water moves between the surface and aquifers), annual rainfall, the depth to aquifers, the importance of the material between soils and aquifers (Vadose zone), and wellhead protection information. The Aquifer Susceptibility Map identifies these areas within Spokane Valley. b. Designated wellhead protection areas and areas within a one thousand-foot radius of wells without reported plans, are additionally treated as high-susceptibility areas. As wellhead protection plans are completed for wells, the one thousand-foot radius placeholder will be replaced by the Washington State Department of Health-certified wellhead protection area. c. Regulated Uses. The following uses and activities are regulated as set forth in the following table: Susceptibility Uses and Activities regulated in Susceptibility Rating Susceptibility Critical Aquifer Recharge Areas Rating High Medium Rating Low Bio-solids land application 4. 4. Critical Material storage, handling, O.3 9❖ O•: * generating or use Dairy 4.* 4. 4. Feed lot 4. + Feed mill • Floriculture/horticulture 4. 4 • Grazing/cultivation 4. 4 • Greenhouse/nursery-commercial .c. 4. • Large Animal raising and/or keeping + 4 • Orchard/tree farm 4. 4. • Poultry-raising, commercial 4. 4. Truck gardeningNineyard 4. 4 • • = Permitted without review _= Not permitted *=Hydro-geologic Study required. 4=Agricultural practices not accessory to a residential use that impact critical aquifer recharge areas shall be mitigated by having a conservation plan prepared and the subject property shall be required to comply with approved land management and/or conservation practices that protect groundwater, as set forth in the United States Department of Agriculture Natural Resource Conservation Service(NRCS)Technical Guides, and all local state and federal regulations and their amendments governing agricultural practices. •: Critical Materials Storage, Handling, Generating or Use requires: 1. All facilities related to the use of critical materials shall be designed so that: Page 33 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc a. Any spilled or leaked critical materials are contained on site; b. Any spilled or leaked critical materials cannot infiltrate into the ground; and c. No disposal of any waste containing critical materials shall be allowed on site. 2. Stormwater facilities shall be designed so that: a. Mingling of stormwater and spilled critical materials is prevented; and b. Spill cleanup procedures are enhanced. 3. Surface or subsurface disposal of a critical material is prohibited. CO Public sewer services consistent with concurrency requirements set forth in the Spokane County comprehensive plan and the Spokane County zoning code,or as amended, are required for all new residential and nonresidential uses. 1. If a parcel lies within two or more susceptibility rating designations, the higher susceptibility rating designation shall apply to the whole parcel. 2. When there are low susceptibility areas hydrologically connected to medium and high-susceptibility areas, the regulations for medium or high susceptibility areas apply. 3. Development shall provide for the treatment of stormwater run-off from impervious surfaces in a manner consistent with Spokane Valley requirements and the Stormwater Management Manual for Eastern Washington. 4. Enforcement procedures for violations of this chapter shall be in conformance with SVMC 17.60. 21.50. Shoreline Management& Restoration Program 21.50.010 Purpose &Applicability. The purpose of these regulations is to manage shoreline resources within the City of Spokane Valley in conformance with the Spokane Valley Comprehensive Plan, Spokane Valley Shoreline Management and Restoration Program and state policies applicable to Shorelines of Statewide Significance (RCW 90.58.020 ), Shorelines of the State, and shoreland areas pursuant to WAC 173-26 and WAC 173-27. 21.50.020 Permitted, Conditional of Limited Land Uses. 1. Land uses within shoreline environments identified in the Spokane Valley Shoreline Master Program may be permitted, limited or conditioned as follows: Environment 0 0 To Permitted Uses Zc NTu a Q C O O N O .0 O Z O CO c[ Commercial Uses — — Non-water Recreation — — Water-related recreation • • • Water-related Commercial — Water-related Industry — — — Roads — Utility Corridor — — • Parking C C • Single Family Residential Multi-family Residential — — — Mining C C C Over-water structures L L L Page 34 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc Environment a U Permitted Uses o C Q C O N (6 O . d) Z D O CO IY • Permitted Use L Limited Conditional C Use - Not Permitted 2. Permitted Uses. a. All uses and activities shall preserve or restore natural resources including vegetation, wildlife habitat, or aquatic life and other sensitive resource features which are intolerant of human activity. b. There shall be no net loss of shoreline ecological functions as a result of new development. New development shall include environmental cleanup and restoration of the shoreline. c. The alteration of a shoreline to create additional shoreline area is prohibited. d. All new uses and activities or redevelopment of existing uses shall not reduce existing public access. e. No structure in the shoreline area shall exceed 35 feet in height above the average elevation of land in the shoreline area, except where additional height is specifically authorized. f. Slash and debris and other waste products resulting from a use activity or land clearing activity shall be removed from the shoreline area immediately following cessation of said activity, as limited by the provisions of WAC 222-30-020 and SVMC 21.40.020. Debris and waste products shall not enter into the water and interfere with the regeneration of forest vegetation. All burning shall comply with Spokane County Air Pollution Control Agency requirements. g. No more than 10 percent of the portion of property within a shoreline area shall be occupied by impervious improvements. h. Tillage and application of fertilizers and chemical pesticides within 100 feet of the ordinary high water mark is prohibited. i. A 100-foot or greater buffer strip of natural vegetation shall be maintained along the waterfront to prevent erosion and protect water quality and fish habitat, except: i. Bridge and utility crossings (50 feet); ii. Pathways of four feet or less in width providing access to the water on slopes of 5% or less; iii. Access to watercraft launches available for use by the general public or iv. Hand removal of noxious weeds which does not result in a net-loss of shoreline ecological function or cause degradation of water quality. Use of herbicides shall require the written prior approval of the Washington Department of Ecology. 3. Conditional Uses. In addition to meeting the requirements for permitted uses, uses for which a Conditional Use Permit are approved, shall also be required to comply with the following provisions: a. Conditional uses shall not result in any loss of ecological function. The Hearing Examiner may prescribe methods, timelines and such other conditions as may be necessary to preserve ecological function and land use compatibility. Any failure to comply with the conditions imposed by the Hearing Examiner will result in the automatic revocation of the permit. b. Mining of sand, gravel, soil, or minerals landward of the ordinary high water mark is permitted only as a conditional use, provided the following conditions are met: Page 35 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc i. The provisions of the Surface Mining Act, RCW 78.44 and WAC 334-18 shall be met for any surface mining, including that which affects less than 3 acres or produces less than 10,000 tons in any 12 month period. Where surface mining is not subject to the RCW 78.44 permit process the shorelines substantial development permit process shall be utilized to require compliance to surface mining provisions of RCW 78.44. ii. Surface drainage and wastes resulting from mining operations shall not be discharged into streams or water bodies without treatment to remove suspended solids and organic matter consistent with applicable local, state and federal pollution control and water quality regulations. iii. Cleaning, sorting, separation, and storage operations shall not be conducted within 100 feet of the ordinary high water mark. c. Parking. No more than 10 percent of the portion of property within a shoreline area shall be occupied by impervious improvements. d. Single Family Residential. i. No residential or accessory structure shall be erected within 100 feet of the ordinary high- water mark. ii. No on-site wastewater disposal systems serving new single family dwellings shall be permitted within 200 feet of the ordinary high water mark. Existing single family dwellings within 200 feet of the ordinary high water mark shall connect immediately to a public wastewater collection located within 300 feet of the property. e. A conditional use permit may be approved only upon a finding that: i. No reasonable alternative conforming use is practical; and ii. The proposed use will be at least as consistent as the preexisting use with the policies and provisions of the Shoreline Management Act and the Master Program and as compatible with the uses in the area. iii. The proposed use will not interfere with the normal public use of public shorelines; iv. The proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; v. The proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and vi. The public interest suffers no substantial detrimental effect. In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. 3. Limited Uses: In addition to meeting the requirements for permitted uses, uses allowed on a limited basis, shall also be required to comply with the following provisions: a New over-water structures shall be allowed only for water-dependent uses, public access, or ecological restoration. The size of new over-water structures shall be limited to the minimum necessary to support the structure's intended use. b. All developments and uses on navigable waters or their beds shall be located and designed to minimize interference with surface navigation and public access, should consider impacts to public views, and allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. c. Boathouses are prohibited. Page 36 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc d. Use of over-water and floating structures as a residence is prohibited. e. Except for permitted or legal non-conforming marinas, docks, and bridges, no over-water structure shall be erected in shoreline areas unless it is consistent with all applicable requirements in this regulation and the goals and policies of the Comprehensive Plan. f. New docks serving residential lots shall be prohibited. Replacement docks shall be limited to 100 square feet in area and shall be located parallel to the shoreline. g. Over-water structures shall not interfere with stream navigation. 21.50.30 Specific Provisions Applicable to All Shoreline Environments The following additional provisions are applicable to all shoreline environments in addition to all other applicable regulations of this Code. 1. Signs. a. On-premises business identification signs shall be designed to blend in with the natural environment and shall be affixed to the portion of the business structure facing away from the water, and shall not exceed 20 square feet. b. Signs erected by government agencies required to provide direction, protect the public health, safety, and general welfare shall not exceed 20 square feet in area and shall be designed to minimize the visual impact to the shoreline area. c. Signs shall not obstruct views of the shoreline from the surface of the water, and except for navigational aids, no light source of any sign shall be visible from the surface of the water. Only navigational or directional signs informing boaters of services such as fuel and moorage, and government agency signs shall be visible from the shoreline area or the surface of the water. d. Signs shall not extend beyond the face of a building or above its roofline. e. Signs shall not move or rotate or have lights which blink or flash on and off intermittently. 2. Utilities. a. Ground percolation areas or drainage swales are prohibited within 100 feet of the ordinary high water mark. b. Community water treatment or community wastewater treatment facilities shall not be located within 200 feet of the ordinary high-water mark. On-site systems serving existing single family dwellings shall be permitted until public collection systems are available within 300 feet of the property. Except for outfall lines, water/wastewater treatment facilities and collection lines shall not be located waterward of the ordinary high water mark. c. An overhead electrical transmission line may traverse a shoreline only when necessary to cross a stream with an approved Conditional Use Permit. Underground stream crossings shall be installed and shall enter and emerge to and from the ground not less than 50 feet landward of the ordinary high water mark. Facilities which constitute the final termination or destination of a transmission line shall not be located in any Shoreline Area. Overhead electric transmission lines traversing "Shorelines of State-wide Significance" shall have their conductors marked with daytime obstruction markers wherever the spans through the Shoreline Area exceed 200 feet. d. Pipelines shall cross streams either by being constructed on public roadway bridges or by being constructed below-the stream bed. Underground pipelines shall enter and emerge to and from the ground not less than 50 feet landward of the ordinary high water mark. The construction of bridges solely to support pipelines is prohibited. New pipelines shall use preexisting utility easements, to the extent possible. e. Electric distribution and communication cables shall be installed underground within the shoreline area. 3. Roadways Page 37 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc a. Roads shall be maintained in a manner which prevents degradation of shoreline ecological functions. b. Landfills and end abutments for bridges shall be placed not less than 50 feet landward of the Ordinary High Water Mark at an elevation above the 100 year flood event. Abutments shall be designed so that the flow of floodwaters shall not be restricted. The design of landfills and end abutments for bridges over streams shall prevent the accumulation of debris upstream of the bridge. c. Bridges across Shorelines of the State shall also be designed to accommodate pedestrian and bicycle traffic. Other roads shall provide a space not less than three feet in width for the dedicated use of pedestrians, bicycles and animals. 4. Fill Fill shall be permitted only in connection with the restoration or enhancement of shoreline ecological functions and where necessary in the interest of an overriding public necessity, provided that a. There is no net loss of ecological function; b. Erosion control and bank stabilization measures are required; c. No fill shall extend waterward of the Ordinary High Water Mark; and d. No fill shall be permitted within the limits of the 100 year flood event. e. Dredging and disposal of dredging spoil may be permitted only in connection with the restoration or enhancement of shoreline ecological functions, except as necessary for purposes of navigation, or improvements associated with permitted water-related recreation provided that: i. There is no adverse effect on water quality or littoral (shallow near shore) and riparian habitat; and ii. All dredging spoil and dredging equipment is removed within ten days of the completion of dredging operations. 6. Shoreline Protection a. New bulkheads are prohibited. No existing bulkhead may be enlarged. b. Bank stabilization shall only be undertaken after evaluation and written bank failure report from a qualified engineering firm. c. Bank stabilization shall be conducted using only biotechnical (soil bioengineering) design approaches incorporating native plant materials, unless it is demonstrated in the bank failure report that a biotechnical design will not prevent future bank failure. 21.50.035 Shoreline Substantial Development Permit Required. A Shoreline Substantial Development Permit shall be required prior to any development within the Spokane Valley shoreline, subject to the following: 1. Any new development, or any modification in a use or activity that may result in a net loss of ecological function shall require an environmental assessment prepared by a qualified ecologist. The assessment shall include the following information: a. a description of the existing ecological characteristics of the site to include but not be limited to soil characteristics, type and extent of vegetation, slope, wildlife habitat and such other characteristics deemed appropriate by the Director based on the unique features of the site; b. an assessment of the functioning condition of the shoreline prior to disturbance of the shoreline by the proposal; c. an assessment of the specific impacts of the proposal on the shoreline's ecological functioning condition; Page 38 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc d. a specific strategy to restore shoreline ecological functions lost as a result of the proposal to include the scientific basis of the recommended strategy. The strategy shall identify a restoration timetable; and e. a site plan which fully illustrates the proposed shoreline function enhancements and shall be drawn to scale and precisely show all site and off-site alterations and enhancements. 2. A Shoreline Permit is valid for a period of up to five years, provided that substantial progress in project development occurs within two years of the date of issuance. Where substantial progress has not been demonstrated without good cause, the permit shall lapse. 3. The following activities are categorically exempt from the requirement for a Substantial Development Permit but may require a conditional use permit or approval of a variance: a. Maintenance and repair of existing structures for the protection of single-family residences; b. Emergency repairs; c. Public improvements in aid of navigation; d. Survey and geophysical testing in advance of development; e. Removal of noxious weeds authorized as by the Washington Department of Fish &Wildlife. f. Shoreline restoration projects (See WAC 173-27-040(2)(o)). 21.50.060. Non-conforming Use or Development 1. "Nonconforming use or development"for purposes of this chapter means a shoreline use or development which was lawfully constructed or established prior to the effective date of the act or the applicable master program, or amendments thereto, but which does not conform to present regulations or standards of the program. 2. Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may be maintained and repaired and may be enlarged or expanded provided that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses. 3. Uses and developments that were legally established and are nonconforming with regard to the use regulations of the master program may continue as legal nonconforming uses. Such uses shall not be enlarged or expanded, except that nonconforming single-family residences that are located landward of the ordinary high water mark may be enlarged or expanded in conformance with applicable bulk and dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances as defined in WAC 173-27-040 (2)(g) upon approval of a conditional use permit. 4. A use which is listed as a conditional use but which existed prior to adoption of the master program or any relevant amendment and for which a conditional use permit has not been obtained shall be considered a nonconforming use. A use which is listed as a conditional use but which existed prior to the applicability of the master program to the site and for which a conditional use permit has not been obtained shall be considered a nonconforming use. 5. A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities. 6. A structure which is being or has been used for a nonconforming use may be used for a different nonconforming use only upon the approval of a conditional use permit. 7. Conditions may be attached to the permit as are deemed necessary to assure compliance with the above findings, the requirements of the master program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard. Page 39 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc 8. A nonconforming structure which is moved any distance must be brought into conformance with the applicable master program and the act. 9. If a nonconforming development is damaged to an extent not exceeding seventy-five percent(75%) of the replacement cost of the original development, it may be reconstructed to those configurations existing immediately prior to the time the development was damaged, provided that: a. Application is made for the permits necessary to restore the development within six months of the date the damage occurred; b. All permits are obtained; and c. The restoration is completed within two years of permit issuance. 10. If a nonconforming use is discontinued for twelve consecutive months or for twelve months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming. 11. An undeveloped lot, tract, parcel, site, or division of land located landward of the ordinary high water mark which was established prior to the effective date of the Shoreline Management Act or the Shoreline Master Program but which does not conform to the present lot size standards may be developed so long as such development conforms to all other requirements of the applicable master program and the act. 21.50.070. Conditional Use Permits 21.50.080 Variances 1. Requests for variances shall be processed in the same manner as any land use variance, provided however, that the application for a variance shall not be deemed complete until the Department of Ecology (DOE) provides written acknowledgement to the city that applicant has provided DOE with a full and complete copy of the application. 2. A variance may be considered only in extraordinary circumstances where it is determined that: a. The strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with, reasonable use of the property; b. The hardship is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant's own actions; c. The design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment; d. The variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; e. The variance requested is the minimum necessary to afford relief; and f. The public interest will suffer no substantial detrimental effect. 3. In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. 4. Variances from the use regulations of the master program are prohibited. 21.50.080 Enforcement Enforcement procedures for violations of this chapter shall be in conformance with SVMC 17.60. Page 40 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc City of Spokane Valley SEPA Checklist WAC 197-11-960 Environmental Checklist ENVIRONMENTAL CHECKLIST Purpose of checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or"does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for non-project proposals: Complete this checklist for non-project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS (part D). For non-project actions, the references in the checklist to the words "project," "applicant," and "property or site"should be read as"proposal,""proposer,"and "affected geographic area," respectively. A. BACKGROUND 1. Name of proposed project, if applicable 2. Name of applicant: 3. Address and phone number of applicant and contact person: 4. Date checklist prepared: 5. Agency requesting checklist: 6. Proposed timing or schedule (including phasing, if applicable): 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Page 41 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. 10. List any government approvals or permits that will be needed for your proposal, if known. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 13. Does the proposed action lie within the Aquifer Sensitive Area (ASA)? The General Sewer Service Area? The Priority Sewer Service Area? (See: Spokane County's ASA Overlay zone Atlas for boundaries). 14. The following questions supplement Part A. a. Critical Aquifer Recharge Area (CARA)/Aquifer Sensitive Area (ASA). 1. Describe any systems, other than those designed for the disposal of sanitary waste, installed for the purpose of discharging fluids below the ground surface (includes systems such as those for the disposal of Stormwater or drainage from floor drains). Describe the type of system, the amount of material to be disposed of through the system and the types of material likely to be disposed of(including materials which may enter the system inadvertently through spills or as a result of firefighting activities). 2. Will any chemicals (especially organic solvents or petroleum fuels) be stored in aboveground or underground storage tanks? If so, what types and quantities of material will be stored? 3. What protective measures will be taken to insure that leaks or spills of any chemicals stored or used on site will not be allowed to percolate to groundwater? This includes measures to keep chemicals out of disposal systems. Page 42 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc Public Hearing Draft Title 21 Environ Controls.doc 4. Will any chemicals be stored, handled or used on the site in a location where a spill or leak will drain to surface or groundwater or to a Stormwater disposal system discharging to surface or groundwater? b. Stormwater 1. What are the depths on the site to groundwater and to bedrock (if known)? 2. Will Stormwater be discharged into the ground? If so, describe any potential impacts. Page 43 of 58 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\01-11-07\Public Hearing Draft Title 21 Environ Controls.doc City of Spokane Valley SEPA Checklist To Be Completed by Applicant B. ENVIRONMENTAL ELEMENTS 1) Earth a. General description of the site (check one): ❑ Flat, ❑ rolling, ❑ hilly, ❑ steep slopes, ❑ mountainous, other b. What is the steepest slope on the site (approximate percent slope)? c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Also indicate source of fill. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2) Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, and industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. b. Are there any off-site sources of emissions or odor that may affect your proposal?_ If so, generally describe. c. Proposed measures to reduce or control emissions or other impacts to air, if any: 3) Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the Page 44 of 58 City of Spokane Valley SEPA Checklist To Be Completed by Applicant described waters? If yes, please describe and attach available plans. 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. a. Indicate the source of fill material. 4. Will the proposal require surface water withdrawals or diversions? a. Give general description, purpose, and approximate quantities if known. 5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s)are expected to serve. c. Water runoff(including stormwater): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any(include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. 2) Could waste materials enter ground or surface waters? If so, generally describe. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: 4) Plants a. Check or circle types of vegetation found on the site: ❑ deciduous tree: alder, maple, aspen, other ❑ evergreen tree: fir, cedar, pine, other ❑ shrubs Page 45 of 58 City of Spokane Valley SEPA Checklist To Be Completed by Applicant ❑ grass ❑ pasture ❑ crop or grain ❑wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ❑ water plants: water lily, eelgrass, milfoil, other ❑ other types of vegetation b. What kind and amount of vegetation will be removed or altered? c. List threatened or endangered species known to be on or near the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: 5) Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: ❑ birds: hawk, heron, eagle, songbirds, other: ❑ mammals: deer, bear, elk, beaver, other: ❑fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. c. Is the site part of a migration route? If so, explain. d. Proposed measures to preserve or enhance wildlife, if any: 6). Energy and natural resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: 7) Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe: 1) Describe special emergency services that might be required. Page 46 of 58 City of Spokane Valley SEPA Checklist To Be Completed by Applicant 2) Proposed measures to reduce or control environmental health hazards, if any: b. Noise 1)What types of noise exist in the area which may affect your project(for example: traffic, equipment, operation, other)? 2)What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. 3) Proposed measures to reduce or control noise impacts, if any: 8). Land and shoreline use a. What is the current use of the site and adjacent properties? b. Has the site been used for agriculture? If so, describe. c. Describe any structures on the site. d. Will any structures be demolished? If so, what? e. What is the current zoning classification of the site? f. What is the current comprehensive plan designation of the site? g. If applicable, what is the current shoreline master program designation of the site? h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. i. Approximately how many people would reside or work in the completed project? j. Approximately how many people would the completed project displace? k. Proposed measures to avoid or reduce displacement impacts, if any: I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: 9) Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Page 47 of 58 City of Spokane Valley SEPA Checklist To Be Completed by Applicant c. Proposed measures to reduce or control housing impacts, if any: 10). Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? b. What views in the immediate vicinity would be altered or obstructed? c. Proposed measures to reduce or control aesthetic impacts, if any: 11). Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? b. Could light or glare from the finished project be a safety hazard or interfere with views? c. What existing off-site sources of light or glare may affect your proposal? d. Proposed measures to reduce or control light and glare impacts, if any: 12) Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? b. Would the proposed project displace any existing recreational uses? If so, describe. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: 13). Historic and cultural preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. c. Proposed measures to reduce or control impacts, if any: 14). Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Page 48 of 58 City of Spokane Valley SEPA Checklist To Be Completed by Applicant c. How many parking spaces would the completed project have? How many would the project eliminate? d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. g. Proposed measures to reduce or control transportation impacts, if any: 15) Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. b. Proposed measures to reduce or control direct impacts on public services, if any. 16) Utilities a. Check utilities currently available at the site: ❑ electricity, ❑ natural gas, ['water, ❑ refuse service, ❑ telephone, ❑ sanitary sewer, ❑ septic system, ❑ other—describe: b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: D. SUPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. Page 49 of 58 City of Spokane Valley SEPA Checklist To Be Completed by Applicant 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? a. Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? a. Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? a. Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? a. Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? a. Proposed measures to avoid or reduce shoreline and land use impacts are 6. How would the proposal be likely to increase demands on transportation or public services and utilities? a. Proposed measures to reduce or respond to such demand(s)are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. E.SIGNATURE I, the undersigned, swear under penalty of perjury that the above responses are made truthfully and to the best of my knowledge. I also understand that, should there be any willful misrepresentation or willful lack of full disclosure on my part, the agency may withdraw any Determination of Nonsignificance that it might issue in reliance upon this check list. Date: Signature: Please print or type: Proponent: Address: Phone: Person completing form (if different from proponent): Name: Address: Phone: Page 50 of 58 Community Development Department SCI►�Yof Planning Division pokane 11707 E Sprague Ave Suite 106 1110 Spokane Valley WA 99206 Valley. Phone: 509.688.0036 Fax: 509.688.0037 SPOKANE VALLEY MUNICIPAL CODE WAC 197-11-985 and SVMC Title 21, Environmental Controls Notice of Assumption of Lead Agency Status Description of proposal: Proponent: Location of proposal: Initial Lead Agency: New Lead Agency: The initial lead agency has determined this proposal was not likely to have significant adverse impact on the environment, according to its determination of non-significance dated: ,20_ We have reviewed the environmental checklist and related information. In our opinion, an Environmental Impact Statement (EIS) is required on the proposal because of the following impacts: You are being notified that we assume the responsibility of lead agency under SEPA, including the duty to prepare an EIS on the proposal. Responsible Official: Position/Title: Address: Date: Signature: Page 51 of 58 Community Development Department Planning Division S , 11707 E Sprague Ave Suite 106 ��Tpokane Spokane Valley WA 99206 4\TalleyrJ Phone: 509.688.0036 Fax: 509.688.0037 Spokane Valley Municipal Code WAC 197-11-965 and SVMC Title 21, Environmental Controls Determination of Significance And Request for Comments on Scope of EIS Description of proposal: Proponent: Location of proposal: Lead Agency: EIS Required. The lead agency has determined this proposal is likely to have a significant adverse impact on the environment. An Environmental Impact Statement (EIS) is required under RCW 43.21C.030.(2)(c) and will be prepared. An environmental checklist or other materials indicating likely environmental impacts can be reviewed at our offices. The lead agency has identified the following areas for discussion in the EIS: Scoping. Agency, affected tribes and members of the public are invited to comment on the scope of the EIS. You may comment on alternatives, mitigation measures, probable significant adverse impacts and licenses or other approvals that may be required. The method and deadline for giving us your comments is: Responsible Official: Position/Title: Phone: Address: Date: Signature: You may appeal this determination of significance to: At(location): No later than(date): By(method): You should be prepared to make specific factual objections. Contact to read or ask about the procedures for SEPA appeals. Page 52 of 58 Community Development Department Planning Division S`nOkane 11707 E Sprague Ave Suite 106 Spokane Valley WA 99206 . Valley Phone: 509.688.0036 Fax: 509.688.0037 Spokane Valley Municipal Code WAC 197-11-965 and SVMC Title 21, Environmental Controls Determination of NonSignificance Description of proposal: Property Owner: Applicant: Location of proposal: Lead Agency: Determination: The City of Spokane Valley adopted Ordinance No. 48, effective March 31, 2003, that implemented on an interim basis the Spokane Environmental Ordinance, effective November 19, 2002 and it provisions. The lead agency has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued pursuant to WAC 197-11-340(2); the lead agency will not act on this proposal for fourteen (14) calendar days from the date issued (below). Comments must be received by this department no later than 5:00 pm on: Scoping. Agency, affected tribes and members of the public are invited to comment on the scope of the EIS. You may comment on alternatives, mitigation measures, probable significant adverse impacts and licenses or other approvals that may be required. The method and deadline for giving us your comments is: Responsible Official: Position/Title: Phone: Address: Date: Signature: _ You may appeal this determination of significance to: At(location): No later than(date): By(method): You should be prepared to make specific factual objections. Contact to read or ask about the procedures for SEPA appeals. Page 53 of 58 Community Development Department �,T,.o, Planning Division Spokane 11707 E Sprague Ave Suite 106 ValleY9 Spokane Valley WA 99206 Y Phone: 509.688.0036 Fax: 509.688.0037 Spokane Valley Municipal Code WAC 197-11-965 and Title 21, Environmental Controls ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENT Adoption for: (check appropriate box) 0 DNS 0 EIS 0 Other Description of proposal: Proponent: Location of proposal: Title of document being adopted: Agency that prepared document being adopted: Date adopted document was prepared: Description of document (or portion) being adopted: If document being adopted has been challenged (WAC 197-11-630), please describe: The document is available to be read at(place/time): We have identified and adopted this document as being appropriate for this proposal after independent review. The document meets our environmental review needs for the current proposal and will accompany the proposal to the decision maker. Name of agency adopting document: Contact person(If Other Than Responsible Official): Phone: Responsible Official: Position/Title: Phone: Address: DATE ISSUED: SIGNATURE: Page 54 of 58 Community Development Department Planning Division Sfiokane 11707 E Sprague Ave Suite 106 Spokane Valley WA 99206 �Valley� Phone: 509.688.0036 Fax: 509.688.0037 Spokane Valley Municipal Code WAC 197-11-965 and Title 21, Environmental Controls Notice of Action Notice is Given Under SEPA, RCW 43.21C.080, That: (Name of agency or entity) Took the Action Described in (2) Below on: (Date) 1. Any action to set aside, enjoin, review, or otherwise challenge such action on the grounds of noncompliance with the provisions of Chapter 43.21C RCW(State Environmental Policy Act)shall be commenced on or before: , 20 . 2.Description of Agency Actions: 3. Description of Proposals(If not covered by 2 above): 4. Location of Proposal (A sufficient description should be given to locate the site, if any, but a complete legal description is not required): 5. Type of Environmental Review Under SEPA (Include name and date of any environmental documents): 6. Documents May Be Examined During Regular Business Hours At (Location, including room number, if any): 7. Name of Agency, Proponent, or Applicant Giving Notice: 8.This Notice is Filed by: Responsible Official: Position/Title: Phone: Date: Signature: Page 55 of 58 Appendix A Pertinent WAC 197-11 Provisions 1. 197-11-040, Definitions; 2. 197-11-050, Lead Agency; 3. 197-11-055, Timing of the State Environmental Policy Act process; 4. 197-11-060, Content of environmental review; 5. 197-11-070, Limitations on action during State Environmental Policy Act process; 6. 197-11-080, Incomplete or unavailable information; 7. 197-11-090, Supporting documents; 8. 197-11-100, Information required of applicants; 9. 197-11-158, GMA project review—reliance on existing plans, laws and regulations; 10. 197-11-164, Planned actions—definition and criteria; 11. 197-11-168, Ordinances or resolutions designating planned actions—procedures for adoption; 12. 197-11-172, Planned actions, project review; 13. 197-11-210, SEPA/GMA integration; 14. 197-11-220, SEPA/GMA definitions; 15. 197-11-228, Overall SEPA/GMA integration procedures; 16. 197-11-230, Timing of an integrated GMA/SEPA process; 17. 197-11-232, SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping; 18. 197-11-235, Documents; 19. 197-11-238, Monitoring; 20. 197-11-250, SEPA/Model Toxics Control Act(MTCA) integration; 21. 197-11-253, SEPA lead agency for MTCA actions; 22. 197-11-256, Preliminary evaluation; 23. 197-11-259, Determination of nonsignificance for MTCA remedial actions; 24. 197-11-262, Determination of significance for MTCA remedial actions; 25. 197-11-265, Early scoping for MTCA remedial actions; and 26. 197-11-268, MTCA interim actions. 27. 197-11-300, Purpose of this article; 28. 197-11-305, Categorical exemptions; 29. 197-11-310, Threshold determination required; 30. 197-11-315, Environmental checklist required; 31. 197-11-330, Threshold determination process; 32. 197-11-335, Additional information; 33. 197-11-340, Determination of nonsignificance (DNS); 34. 197-11-350, Mitigated DNS; 35. 197-11-355, Optional DNS process; 36. 197-11-360, Determination of significance (DS)/initiation of scoping; and 37. 197-11-390, Effect of threshold determination. 38. 197-11-400, Purpose of EIS; 39. 197-11-402, General requirements; 40. 197-11-405, EIS types; 41. 197-11-406, EIS timing; 42. 197-11-408, Scoping; 43. 197-11-410, Expanded scoping; 44. 197-11-420, EIS preparation; 45. 197-11-425, Style and size; 46. 197-11-430, Format; 47. 197-11-435, Cover letter or memo; 48. 197-11-440, EIS contents; 49. 197-11-442, Contents of EIS on nonproject proposals; 50. 197-11-443, EIS contents when prior nonproject EIS; 51. 197-11-444, Elements of the environment; 52. 197-11-448, Relations of the EIS to other considerations; 53. 197-11-450, Cost-benefit analysis; 54. 197-11-455, Issuance of draft EIS (DEIS); 56 55. 197-11-460, Issuance of final EIS (FEIS). 56. 197-11-500, Purpose of this article; 57. 197-11-502, Inviting comment; 58. 197-11-504, Availability and cost of environmental documents; 59. 197-11-508, SEPA register; 60. 197-11-510, Public notice; 61. 197-11-535, Public hearings and meetings; 62. 197-11-545, Effect of no comment; 63. 197-11-550, Specificity of comments; 64. 197-11-560, FEIS response to comments; 65. 197-11-570, Consulted agency costs to assist lead agency. 66. 197-11-600, When to use existing environmental documents; 67. 197-11-610, Use of NEPA documents; 68. 197-11-620, Supplemental environmental impact statement—Procedures; 69. 197-11-625, Addenda— Procedures; 70. 197-11-630, Adoption— Procedures; 71. 197-11-635, Incorporation by reference—Procedures; 72. 197-11-640, Combining documents. 73. 197-11-650, Purpose of this article; 74. 197-11-655, Implementation; 75. 197-11-660, Substantive authority and mitigation; 76. 197-11-680, Appeals. 77. 197-11-700, Definitions; 78. 197-11-702, Act; 79. 197-11-704, Action; 80. 197-11-706, Addendum; 81. 197-11-708, Adoption; 82. 197-11-710, Affected tribe; 83. 197-11-712, Affecting; 84. 197-11-714, Agency; 85. 197-11-716, Applicant; 86. 197-11-718, Built environment; 87. 197-11-720, Categorical exemption; 88. 197-11-721, Closed record appeal; 89. 197-11-722, Consolidated appeal; 90. 197-11-724, Consulted agency; 91. 197-11-726, Cost/benefit analysis; 92. 197-11-728, County/city; 93. 197-11-730, Decision maker; 94. 197-11-732, Department; 95. 197-11-734, Determination of nonsignificance (DNS); 96. 197-11-736, Determination of significance (DS); 97. 197-11-738, EIS; 98. 197-11-740, Environment; 99. 197-11-742, Environmental checklist; 100. 197-11-744, Environmental document; 101. 197-11-746, Environmental review; 102. 197-11-750, Expanded scoping; 103. 197-11-752, Impacts; 104. 197-11-754, Incorporation by reference; 105. 197-11-756, Lands covered by water; 106. 197-11-758, Lead agency; 107. 197-11-760, License; 108. 197-11-762, Local agency; 109. 197-11-764, Major action; 110. 197-11-766, Mitigated DNS; 111. 197-11-768, Mitigation; 57 112. 197-11-770, Natural environment; 113. 197-11-772, NEPA; 114. 197-11-774, Nonproject; 115. 197-11-776, Phased review; 116. 197-11-778, Preparation; 117. 197-11-780, Private project; 118. 197-11-782, Probable; 119. 197-11-784, Proposal; 120. 197-11-786, Reasonable alternative; 121. 197-11-788, Responsible official; 122. 197-11-790, SEPA; 123. 197-11-792, Scope; 124. 197-11-793, Scoping; 125. 197-11-794, Significant; 126. 197-11-796, State agency; 127. 197-11-797, Threshold determination; 128. 197-11-799, Underlying governmental action. 129. 197-11-800, Categorical exemptions; 130. 197-11-880, Emergencies; 131. 197-11-890, Petitioning DOE to change exemptions. 132. 197-11-900, Purpose of this article; 133. 197-11-902, Agency SEPA policies; 134. 197-11-916, Application to ongoing actions; 135. 197-11-920, Agencies with environmental expertise; 136. 197-11-922, Lead agency rules; 137. 197-11-924, Determining the lead agency; 138. 197-11-926, Lead agency for governmental proposals; 139. 197-11-928, Lead agency for public and private proposals; 140. 197-11-930, Lead agency for private projects with one agency with jurisdiction; 141. 197-11-932, Lead agency for private projects requiring licenses form more than one agency when one of the agencies is a county/city; 142. 197-11-934, Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies; 143. 197-11-936, Lead agency for private projects requiring licenses from more than one state agency; 144. 197-11-938, Lead agencies for specific proposals; 145. 197-11-940, Transfer of lead agency status to a state agency; 146. 197-11-942, Agreements on lead agency status; 147. 197-11-944, Agreements on division of lead agency duties; 148. 197-11-946, DOE resolution of lead agency disputes; 149. 197-11-948, Assumption of lead agency status 58