2021-03-11 Agenda PacketS16615n�e
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Spokane Valley Planning Commission
Regular Meeting Agenda
City Hall Council Chambers, 10210 E. Sprague Ave.
March 11, 2021 6:00 p.m.
1. PLEASE NOTE: Meetings are being held electronically in response to Governor Inslee's
March 24, 2020 Proclamation concerning our recent State of Emergency, which waives and
suspends the requirement to hold in -person meetings and provides options for the public to
attend remotely.
2. Public wishing- to make comments will need to email planninaawspokanevalley.org prior to
4:00 pm the day of the meeting in order to be to speak during the comments period during
the meeting. Comments can also be emailed. Send an email to planninaawspokanevalley.org
and comments will be read into the record or distributed to the Commission members
through email.
3. Link to Zoom Meeting information:
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4. CALL TO ORDER
5. ROLL CALL
6. APPROVAL OF AGENDA
7. APPROVAL OF MINUTES: February 25, 2021
8. COMMISSION REPORTS
9. ADMINISTRATIVE REPORT
10. PUBLIC COMMENT: On any subject which is not on the agenda.
11. COMMISSION BUSINESS:
a. Public Hearing: Shoreline Master Program, Legislative Update
b. Study Session: CTA-2020-0004: Title 24 Update
12. FOR THE GOOD OF THE ORDER
13. ADJOURNMENT
Meeting Minutes
Spokane Valley Planning Commission
Council Chambers — City Hall
February 25, 2021
I. Planning Commission Chair Bob McKinley called the meeting to order at 6:01 p.m. The
meeting was held remotely via ZOOM meeting.
II. Commissioners, staff and audience stood for the pledge of allegiance.
III. Administrative Assistant Taylor Dillard took roll and the following members and staff were
present:
Fred Beaulac
Karl Granrath
Walt Haneke
Bob McKinley
Nancy Miller
Paul Rieckers
Sherri Robinson, absent
Cary Driskell, City Attorney
Jenny Nickerson, Building Official
Taylor Dillard, Administrative Assistant
Marianne Lemons, Office Assistant
There was a consensus from the Planning Commission to excuse Commissioner Robinson
from the meeting.
IV. AGENDA: Commissioner Beaulac moved to approve the February 25, 2021 meeting agenda
as presented. There was no discussion. The vote on the motion was six in favor, zero against
and the motion passed.
V. MINUTES: Commissioner Granrath moved to approve the February 11, 2021 minutes as
presented. There was no discussion. The vote on the motion was six in favor, zero against
and the motion passed.
VI. COMMISSION REPORTS: There were no Commission Reports.
VII. ADMINISTRATIVE REPORT: There were no Administrative Reports.
VIII. PUBLIC COMMENT: There was no public comment.
IX. COMMISSION BUSINESS:
a. Study Session: Shoreline Master Program — Legislative Update
Senior Planner Chaz Bates introduced Alex Capron with The Watershed Company, who was
hired by the City to assist with the periodic update of the Shoreline Master Program (SMP).
Mr. Bates explained that Washington state law requires that the SMP be reviewed and
updated every eight years. The original SMP was adopted comprehensively in 2015 through
02-25-2021 Planning Commission Minutes
Page 2 of 3
an in-depth process. Due to that process, the update this year includes just the items that are
required by state law.
Mr. Capron gave a presentation explaining the proposed changes to the SMP. He explained
that an SMP is a set of policies and regulations required by state law to protect the
environmental resources of state shorelines, promote public access and enjoyment
opportunities, and give priority to uses that require a shoreline location. The SMP applies to
"Shorelines of the State", which are waterbodies that meet certain criteria and size. In
Spokane Valley, this includes the Spokane River, Shelley Lake, and associated wetlands.
Mr. Capron explained that the state Department of Ecology requires all SMP's to be
reviewed every eight years. This periodic review is intended to keep SMP's current with
amendments to state law, changes in local plans and regulations, and new or improved data
and information. The updated SMP must be adopted by June 30, 2021.
Mr. Capron stated that during the review process they looked at the 27 legislative
amendments, critical areas regulations, and the Comprehensive Plan and municipal code.
The proposed state legislative amendments included updating definitions, exemptions, and
exceptions to be consistent with those in state law. The proposed amendments to the SMP
critical areas will incorporate required City-wide critical areas ordinance updates which will
update wetland buffers within shoreline jurisdiction. It will also provide updates to the Fish
and Wildlife Habitat Conservation areas by adding standards for habitat management plans
requirements and including riparian management zone buffers. Previously, the SMP did not
have regulations set up for streams that weren't shoreline. This amendment will establish
those stream regulations.
Mr. Capron explained that there is an additional "suggested" SMP amendment that the City
has decided to add to their regulations that ensures the Accessory Dwelling Units (ADU) are
permitted like single-family residences. This means that any ADU requests will have to
apply for a shoreline exemption, just like a regular single-family home.
Mr. Capron outlined the adoption timeline. Joint Ecology/City public hearing will be held on
March 11, 2021, submittal to Ecology for initial determination will occur in March 2021,
initial determination response from Ecology should be received in April 2021, Planning
Commission adoption of findings will occur in May 2021, City Council first and second
reading will occur in June 2021, and local adoption of the SMP will occur in June 2021.
Commissioner Haneke requested information about fish -baring streams that feed the river
that would be included in the riparian management zone buffer area. Mr. Capron responded
that he will get that information and present it at the public hearing.
Commissioner Beaulac asked if gravel pits are included in the SMP. Deputy City Attorney
Erik Lamb answered that gravel pits are included once they have been fully reclaimed and if
they are exposed to the aquifer. The City does not currently have any gravel pits that meet
the criteria.
X. GOOD OF THE ORDER: There was nothing for the good of the order.
XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 6:43 p.m.
There was no discussion. The vote on the motion was six in favor, zero against, and the
motion passed.
2
02-25-2021 Planning Commission Minutes
Bob McKinley, Chair Date signed
Deanna Horton, Secretary
Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: March 11, 2021
Item: Check all that apply ❑ old business ❑ new business ® public hearing
❑ information ❑ study session ❑ pending legislation
AGENDA ITEM TITLE: 2021 Shoreline Master Program Update
GOVERNING LEGISLATION: Shoreline Management Act (SMA) under RCW 90.58, Washington Administrative
Code (WAC) 173-26-090, SVMC 17.80.150 and 19.30.040.
PREVIOUS COMMISSION ACTION: Study session on February 25, 2021.
BACKGROUND: The Shoreline Master Program (SMP) is the City's official document to guide development along the
Spokane River and Shelly Lake. Finalized in 2015, the SMP includes goals and polices which are adopted by reference in
the Comprehensive Plan and regulations related to shoreline development that can be found in Chapter 21.50 of the Spokane
Valley Municipal Code (SVMC).
The City is undertaking a periodic review of its SMP, as required by the Washington State Shoreline Management Act
(SMA), RCW 90.58.080. The SMA requires that the SMP be reviewed and revised, if needed, by June 30, 2021. The review
ensures the SMP stays current with changes in laws and rules, remains consistent with other City plans and regulations, and
is responsive to changed circumstances, new information and improved data.
In 2020, the City hired the consultant firm The Watershed Company to conduct the periodic review. Because the SMP was
recently adopted in 2015 after an extensive multi -year public process, the scope of the 2021 periodic review is limited to
changes required to stay current with local and state laws and rules. A summary of the changes to state laws and rules and
their impacts to the City's SMP regulations can be found in the Gap Analysis completed as part of the 2021 periodic review.
Overall, the SMP was found to be consistent with changes in local and state laws. A majority of the changes are minor and
include items such as exemptions, definitions, and administrative procedures. A noteworthy required change was identified
relating to the critical area regulations within shoreline jurisdiction. These regulations will need to be updated to be
consistent with state law and the City's adopted critical area regulations. These regulations reside in Title 21 SVMC
(Environmental Controls) and Chapter 21.40 SVMC (Critical Areas). The critical area regulations were updated in 2016
through the periodic update of the Comprehensive Plan as required by the Growth Management Act.
On February 25, 2021, staff and the City's consultant provided an overview of the proposed SMP amendments and a
summary of the adoption process. Tonight, the Planning Commission will hold a public hearing for the purpose of taking
public testimony on the proposed amendments.
The City has opted to combine the required local and state public comment periods for the draft SMP amendments. The
purpose is to allow a consistent and early public review of the proposed amendments and to streamline the adoption process.
The joint process is open for public comment through Friday, March 12, 2021. At tonight's meeting, Planning Commission
will conduct a public hearing for any verbal testimony. The public hearing will be closed, except to allow any written
comments that are submitted by close of business on Friday, March 12. Planning Commission will then conduct
deliberations on the proposed amendments at its next scheduled meeting.
RECOMMENDED ACTION OR MOTION: No action at this time. However, at the close of the public hearing, the
Chair should identify that the hearing is closed but that written comments will continue to be received until close of business
on Friday, March 12, 2021.
ATTACHMENTS:
1. Staff Report
2. Gap Analysis Memo
3. Draft amendments to the SMP and Definitions
4. Presentation
RPCA Public Hearing for 2021 Shoreline Master Program Update Page 1 of 1
COMMUNITY AND PUBLIC WORKS
ECONOMIC DEVELOPMENT
Scm
pokoane STAFF REPORT AND RECOMMENDATION TO THE
,,,0o*Va11ey PLANNING COMMISSION
SHORELINE MASTER PROGRAM UPDATE
STAFF REPORT DATE: February 25, 2021
HEARING DATE AND LOCATION: March 11, 2021, beginning at 6:00 p.m., Spokane Valley City Hall
Council Chambers, 10210 East Sprague Avenue, Spokane Valley, Washington 99206.
Due to the restrictions on public gatherings arising from the covid-19 outbreak, and pursuant to Governor
Inslee's Stay Home, Stay Healthy Proclamation (No. 20-25) and Proclamation 20-28 (and associated
extensions), the hearing will be conducted remotely using web and telephone conference tools. A link to
the Zoom meeting will be provided on the Planning Commission's agenda and posted to the City's
webpage: www.spokanevalley.orQ/plannin2connttission.
PROPOSAL DESCRIPTION: Statutorily required update the Shoreline Master Program (SMP) to maintain
consistency with changes in state and local laws and plans. The necessary changes are generally minor and
include items such as exemptions, definitions, administrative procedures, and SMP critical areas
regulations.
APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, 19.30.040.
SUMMARY OF CONCLUSIONS: Staff concludes that the proposed amendments to Chapter 21.50 SVMC are
consistent with the Comprehensive Plan and the criteria for review and approval for code text amendments.
STAFF CONTACT: Chaz Bates, Senior Planner
APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following table
summarizes the procedural steps for the proposal.
Process
Date
Department of Commerce 60-dayNotice
February 12, 2021
SEPA — DNS Issued
February 12, 2021
Publish Notice of Public Hearing:
February 12 and 19, 2021
BACKGROUND:
The Shoreline Master Program (SMP) is the City's required program to govern development along waters
of the state. In the City, the waters of the state include the Spokane River and Shelly Lake. The SMP is
required pursuant to the Shoreline Management Act (ch. 90.58 RCW) and provides additional protections
for development within shoreline buffers to ensure no net loss of ecological functions. The SMP works in
conjunction with and in addition to other applicable development regulations. The SMP consists of a
number of components, including SMP Goals and Policies, Shoreline Environment Designations,
Shoreline Inventory, Shoreline Public Access, Shoreline Restoration Plan, Cumulative Impacts Analysis,
No Net Loss Report, Public Involvement Plan, and Shoreline Regulations. The SMP was initially
adopted pursuant to Ordinance No. 14-020 and is located on the City's website at
http•//Iaserficlte spokanevalley.rp-/WebLink/browse aspx?id=6983I&dbid=0&repo=SpokaneVallev and
Staff Report and Recommendation
2021 Periodic SW Update
was again adopted by reference in the Comprehensive Plan in 2016. The Shoreline Regulations are
located in Chapter 21.50 of the Spokane Valley Municipal Code (SVMC).
The SMP adopted in 2015 was the result of a multi -year extensive public process that incorporated the SMP
rules made by the state in 2003. As part of the statewide shoreline rules, the City is required to review and
revise the SMP to incorporate changes to local and state laws, rules and plans by June 30, 2021.
In order to assist the City in identifying needed changes to SMPs, the Washington State Department of
Ecology (Ecology) has provided a Periodic Review Checklist summarizing amendments made to state laws
and rules. The checklist is included as an attachment to this staff report and provides an easy resource to
review and track the proposed amendments to the City's SMP. The amendments have been cross-referenced
with the row of the checklist.
The proposed amendments to Chapter 21.50 SVMC are the minimum necessary to maintain consistency
with changes to local and state laws, rules, and plans.
ANALYSIS:
The current SMP adopted in 2015 was a multi -year process developed and adopted with extensive citizen
input. The 2015 SMP was comprehensive in scope incorporating the best available science. Since the SMP
was updated just five years ago, the current 2021 review found that the SMP is generally consistent with
currently applicable local and state laws and rules. The majority of changes are minor in nature and include
items like adding exemptions, definitions, and administrative procedures to be consistent with changes to
state shoreline laws and rules. Another change is replacing the reference of Community Development
Director with City Manager or designee to be consistent with amendments made by the city in 2016.
A noteworthy required change was identified relating to the critical area regulations within shoreline
jurisdiction. The general critical area regulations were updated in 2016 through the periodic update of the
Comprehensive Plan as required by the Growth Management Act and they are currently found in chapter
21.40 SVMC. Staff are proposing to update the shoreline critical areas regulations to remain consistent with
the generally applicable critical areas regulations
Another noted change is to allow Accessory Dwelling Units (ADUs) to be permitted in the same way as a
single-family dwelling. Under the existing SMP, ADUs are required to obtain a Substantial Development
Permit, which could present a barrier to provide this more affordable housing type. The 2017
Comprehensive Plan Housing Element encourages additional affordable housing options such as ADUs,
and by allowing ADUs in a similar way as single-family homes the proposed change removes the potential
barrier ADUs.
Overall, staff have determined that the proposed amendments to chapter 21.50 SVMC meet the requirement
of the of the SMA to review and revise the City's SMP to maintain consistency with state laws, changes to
local plans and regulations, changes in local circumstances, and new or improved data and information.
A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT
AMENDMENT
1. Compliance with Title 17 (General Provisions) of the Spokane Valley Municipal Code
a. Findings:
SVMC 17.80.150(F) Municipal Code Text Amendment Approval Criteria
The City may approve a Municipal Code Text amendment if it finds that:
i. The proposed text amendment is consistent with the applicable provisions of the
Comprehensive Plan;
Page 2 of 3
Staff Report and Recommendation
2021 Periodic SNIP Update
Staff Analysis: The proposed amendment is supported by the Comprehensive Pan
and is consistent with the following policy and goal:
H-P2 Adopt development regulations that expand housing choices by allowing
innovative housing types including tiny homes, accessory dwelling units,
pre -fabricated homes, co -housing, cottage housing, and other housing
types.
NR-G3 Ensure that Critical Areas and Shoreline Master Program regulations are
based on best available science and are consistent with required
environmental policy.
ii. The proposed amendment bears a substantial relation to public health, safety, welfare,
and protection of the environment:
Staff Analysis: The proposed amendments bear a substantial relation to public health,
safety, welfare, and protection of the environment. The proposed amendments to the
SMP were identified after a review of changes to local and state laws and ensure that
the SMP is consistent with all applicable laws and rules. The proposed amendments
implement changes to local and state laws and rules including best available science
for wetlands and fish and wildlife habitat conservation areas. The proposed
amendments maintain the vision and goals adopted in the SMP and Comprehensive
Plan.
b. Conclusion(s):
The proposed text amendment is consistent with the approval criteria contained in the SVMC
17.80.150(F).
2. Finding and Conclusions Specific to Public Comments
a. Findings:
No public comments have been received to date.
b. Conclusion(s):
Adequate public noticing was conducted for Periodic Review of the Shoreline Master Program
in accordance with adopted public noticing procedures.
3. Finding and Conclusions Specific to Agency Comments
a. Findings:
No agency comments have been received to date.
b. Conclusion(s):
Comments have been addressed and no concerns noted.
B. CONCLUSION
The proposed updates to the SMP are necessary to maintain consistency with changes to local and
state laws and rules. The proposed text amendments fulfill the City's obligations under state law to
review and revise the SMP.
For the reasons set forth in Section A, the proposed amendments to the SMP are found to be consistent
the Comprehensive Plan and the requirements of SVMC 17.80.150(F).
Page 3 of 3
City of Spokane Valley SMP Periodic Review
Gap Analysis
Prepared on behalf of:
Spokane
,,,;oov*Valley
City of Spokane Valley
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Prepared by:
THE
WATERSHED
COMPANY
750 Sixth Street South
Kirkland . WA 98033
p 425.822.5242
f 425.827.8136
watershedco.com
February 9, 2021
The Watershed Company Reference Number:
190827
Table of Contents.
1. Introduction............................................................................................................................ 1
2. State Laws, Rules & Implementation Gap Analysis................................................................ 2
3. Other Local Plans and Development Regulations Gap Analysis ............................................. 2
List of Tables
Table 3-1. Summary of potential gaps in consistency between the SMP and other local plans
anddevelopment regulations....................................................................................... 2
Attachments
Attachment A: Periodic Review Checklist
City of Spokane Valley SMP Periodic Review
Draft Gap Analysis
1. Introduction
The Watershed Company
February 9, 2021
In accordance with the Washington State Shoreline Management Act, local jurisdictions with
"Shorelines of the State" are required to conduct a periodic review of their Shoreline Master
Programs (SMPs) (Washington Administrative Code [WAC] 173-26-090). The periodic review is
intended to keep SMPs current with amendments to state laws, changes to local plans and
regulations, changes in local circumstances, and new or improved data and information.
The City of Spokane Valley (City) adopted its current SMP on December 15, 2015 (Ordinance
No. 15-024). Shorelines of the State in the City include Shelley Lake and the Spokane River.
The current SMP outlines goals and policies for shorelines in the City and establishes
regulations for their development (codified in Spokane Valley Municipal Code [SVMC] Chapter
21.50). The current SMP includes regulations for critical areas in shoreline jurisdiction (SVMC
21.50.460—.560).
As a first step in the periodic review process, the City's current SMP was reviewed by City staff
and consultants. The purpose of this SMP Periodic Review Gap Analysis is to present a
summary of the review and inform updates to the SMP. This document is organized into the
following sections:
Section 2, in conjunction with Attachment A, presents the findings of a review for gaps
in consistency between the SMP and state laws, rules and implementation guidance.
• Section 3 presents the findings of a review for gaps in consistency between the SMP and
other local plans and development regulations.
This document includes tables that identify potential revision actions. Where potential revision
actions are identified, they are classified as follows:
• "Mandatory" indicates revisions that are required for consistency with state laws.
• "Recommended" indicates revisions that improve consistency with state laws, but are
not strictly required.
• "Optional" indicates revisions that amend the SMP in accordance with state laws, but
that are not necessarily required or recommended for consistency with state laws.
• "No action necessary" indicates the SMP as written is sufficient and no change is
needed at this time.
City of Spokane Valley SMP Periodic Review
Draft Gap Analysis
The Watershed Company
February 9, 2021
State Lav/s, Rules Implementation Gap Analysis
The Washington State Department of Ecology's Periodic Review Checklist summarizes recent
amendments to state laws, rules and implementation guidance that may trigger the need for
local SMP amendments during periodic reviews. A completed version of the Periodic Review
Checklist is appended to this document as Attachment A.
Overall, few mandatory amendments are identified, with several more indicated as
recommended or optional. In general, the potential amendments identified in the Periodic
Review Checklist are minor in nature. They include items such as exemptions, definitions, and
administrative procedures. Overall, few mandatory amendments are identified, with several
more indicated as recommended or optional. In general, the potential amendments identified in
the Periodic Review Checklist are minor in nature. They include items such as exemptions,
definitions, and administrative procedures. Additionally, amendments are proposed to carry
over existing language in the City's Critical Areas Ordinance to the SMP.
3. Other Local Plans & Development Regulations Gap
Analysis
The SMP was reviewed for gaps in consistency with other local plans and development
regulations, including the zoning code. In general, the review found no major inconsistencies,
but did reveal one area where the SMP might be amended to better reflect the priorities of the
Comprehensive Plan. Table 3-1 summarizes a potential gap in consistency between the SMP
and the Comprehensive Plan.
Table 3-1. Summary of potential gaps in consistency between the SMP and other local plans and
development regulations.
No.
Topic
Review
Action
1
Permitting for
SVMC 21.50.370.B.6 requires a
Proposed action:
Accessory Dwelling
Shoreline Substantial
Amend Table 21.50-1, Shoreline
Units (ADUs)
Development Permit for ADUs,
Uses, as well as SVMC
whereas new single-family
21.50.370, to allow accessory
residences require a shoreline
dwelling units as part of a
exemption per WAC 173-27-
shoreline exemption, consistent
040(2)(g). The 2017
with WAC 173-27-040(2)(g).
Comprehensive Plan Housing
[Optional]
Element encourages additional
affordable housing options such
as ADUs. The additional
procedural requirements for a
Shoreline Substantial
Development Permit compared to
4
City of Spokane Valley SMP Periodic Review
Draft Gap Analysis
The Watershed Company
February 9, 2021
No.
Topic
Review
Action
a shoreline exemption may be a
disincentive to ADU applications.
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
The Watershed Company
February 9, 2021
A.ttachrnent A: Periodic Review Checklist
The periodic review checklist summarizes amendments to state law, rules and applicable updated
guidance adopted between 2007 and 2019 that may trigger the need for local SMP amendments during
periodic reviews. Per guidance from the Department of Ecology, the city completed the periodic review
checklist to document review considerations and determine if local amendments are needed to
maintain compliance, see WAC 173-26-090(3)(b)(i).
To ease review and track potential amendments, the draft amendments to the city's SMP have been
cross-referenced with the row of the checklist below. For each proposed amendment there is a
comment bubble that references the row in the checklist. For example, the proposed amendment at
21.50.020 D. has the comment "Gap Analysis Attachment A, 2017c", which means the proposed
amendment was in response to a change made in 2017 at row c.
Prepared By
Jurisdiction
Date
Alex Capron, The Watershed
Company
City of Spokane Valley
2/9/2021
Row Summary of change Review
a. OFM adjusted the cost threshold SVMC 21.50.110.G includes
for building freshwater docks outdated cost threshold for
freshwater docks and does
not fully align with the
language in WAC 173-27-040
or RCW 90.58.030(3).
b. The Legislature removed the
There are no DMMP sites in
requirement for a shoreline
City limits. Therefore, this
permit for disposal of dredged
legislative amendment does
materials at Dredged Material
not apply.
Management Program sites
(applies to 9 jurisdictions)
c. The Legislature added restoring There are no saltwater
native kelp, eelgrass beds and shorelines in City limits.
native oysters as fish habitat Therefore, this legislative
enhancement projects. amendment does not apply.
Action
Proposed action:
Reference the current cost
threshold, in addition to WAC
173-27-040 to ensure the SMP
always reflects the most
current exemption language.
[Optional]
No action necessary.
No action necessary.
1
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
Row Summary of change
a. OFM adjusted the cost threshold
for substantial development to
$7,047.
b. Ecology permit rules clarified the
definition of "development"
does not include dismantling or
removing structures.
C. Ecology adopted rules clarifying
exceptions to local review under
the SMA.
d. Ecology amended rules clarifying
permit filing procedures
consistent with a 2011 statute.
e. Ecology amended forestry use
regulations to clarify that forest
Review
SVMC 21.50.110.A includes
outdated cost threshold for
substantial development,
though it references RCW
90.58.030 and the Office of
Financial Management for
automatic cost threshold
updates.
Definition of "Development"
(Appendix Al, Definitions)
does not clarify that removing
structures does not constitute
"development."
SVMC 21.50.020.D indicates
that remedial actions are
exempt from procedural
requirements of the SMP.
The SMP does not include
specific guidance on permit
filing procedures.
Forestry uses are prohibited
by the current SMP (Table
The Watershed Company
February 9, 2021
Action
Proposed action:
Reference current cost
threshold under SVMC
21.50.110.A. In addition,
include, "WAC 173-27-040 and
RCW 90.58.030(3), or as
amended" under SVMC
21.50.110 to ensure the SMP
will reflect the most current
exemption language.
[Mandatory]
Proposed action:
Modify the definition of
"Development" to be
consistent with Ecology's
example definition.
[Recommended]
Proposed action:
Reference the exceptions in
WAC 173-27-044 and -045 at
SVMC 21.50.020.D.
[Recommended]
Proposed action:
Add specific guidance on
permit filing procedures to
SVMC 21.50.050.6.9
consistent with Ecology
example language.
[Recommended]
No action necessary.
2
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
Row Summary of change
practices that only involves
timber cutting are not SMA
"developments" and do not
require SDPs.
f. Ecology clarified the SMA does
not apply to lands under
exclusive federal jurisdiction
g. Ecology clarified "default"
provisions for nonconforming
uses and development.
h. Ecology adopted rule
amendments to clarify the scope
and process for conducting
periodic reviews.
Ecology adopted a new rule
creating an optional SMP
amendment process that allows
for a shared local/state public
comment period.
Review
21.50-1: Shoreline Uses,
within SVMC 21.50.190,
Shoreline Uses Table).
No federal lands exist within
City shoreline jurisdiction.
The SMP contains its own
provisions regarding
nonconforming uses,
structures and lots under
SVMC 21.50.150. SMP
Appendix A-1, Definitions,
includes definitions of
"Nonconforming structure"
and "Nonconforming use," but
not for "Nonconforming lot."
The SMP does not include
procedures for periodic
reviews, nor is required.
The SMP does not include
procedures for the optional
amendment process, nor is
required.
The Watershed Company
February 9, 2021
Action
No action necessary.
Proposed action:
Add a definition for
"nonconforming lot"
consistent with Ecology's
example language.
[Recommended]
No action necessary.
No action necessary.
j. Submittal to Ecology of proposed The SMP does not include No action necessary.
SMP amendments. procedures for submittal to
Ecology of proposed SMP
amendments.
a. The Legislature created a new
shoreline permit exemption for
retrofitting existing structure to
comply with the Americans with
Disabilities Act.
SVMC 21.50.110 does not
include this exemption.
Proposed action:
Reference WAC 173-27-040
and RCW 90.58.030(3) to
ensure the SMP always
reflects the most current
exemption language.
3
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
Row Summary of change
b. Ecology updated wetlands
critical areas guidance including
implementation guidance for the
2014 wetlands rating system.
Review
The SMP references the 2004
wetlands rating system and
does not include the most
recent wetland critical areas
guidance.
The Watershed Company
February9, 2021
Action
Add this exemption to SVMC
21.50.110. [Mandatory]
Proposed action:
Update the SMP wetland
regulations in SVMC 21.50.520
to reference the 2014 wetland
rating system. [Mandatory]
Note: SIVIP Locally Adopted December 15, 2015
a. The Legislature adopted a 90-day The SMP does not No action necessary.
target for local review of acknowledge WSDOT review
Washington State Department of timelines, nor is it required to.
Transportation (WSDOT)
projects.
a. The Legislature created a new
definition and policy for floating
on -water residences legally
established before 7/1/2014.
a. The Legislature amended the
SMA to clarify SMP appeal
procedures.
a. Ecology adopted a rule requiring
that wetlands be delineated in
accordance with the approved
federal wetland delineation
manual.
The City does not have any
floating on -water residences,
nor does the SMP allow them
per SVMC 21.50.370.B.4.
SMP does not contain specific
steps or language for
appealing amendments, nor is
it required to.
The SMP, as well as the
Citywide critical areas
regulations in SVMC Chapter
21.40, Critical Areas, require
the use of the current
No action necessary.
No action necessary.
No action necessary.
4
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
Row Summary of change
b. Ecology adopted rules for new
commercial geoduck
C.
d.
a
a.
aquaculture.
The Legislature created a new
definition and policy for floating
homes permitted or legally
established prior to January 1,
2011.
The Legislature authorizing a new
option to classify existing
structures as conforming.
The Legislature adopted Growth
Management Act (GMA) —
Shoreline Management Act
(SMA) clarifications.
The Legislature created new
"relief" procedures for instances
in which a shoreline restoration
project within a UGA creates a
shift in Ordinary High -Water
Mark.
Review
approved federal wetland
delineation manual.
There are no saltwater
shorelines in City limits.
Therefore, this legislative
amendment does not apply.
Not applicable. The City does
not have any floating homes,
nor does the SMP allow them
per SVMC 21.50.370.B.4.
The SMP does not classify
existing structures as
conforming, nor is it required
to. Maintenance and repair of
existing structures is allowed.
Alterations to existing
structures that do not
increase nonconformity are
also allowed under SVMC
21.50.150. B.4.
The SMP critical area
regulations in SVMC 21.50.460
through 21.50.560 do not
reflect the GMA - SMA
clarifications.
The SMP does not include or
reference the relief criteria or
procedures in WAC 173-27-
215.
The Watershed Company
February 9, 2021
Action
No action necessary.
No action necessary.
No action necessary.
Proposed action:
Update the SMP to reflect the
GMA — SMA clarifications.
[Mandatory]
Proposed action:
Reference the relief criteria
and procedures in WAC 173-
27-215. [Recommended]
5
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
Row Summary of change
b. Ecology adopted a rule for
certifying wetland mitigation
banks.
C. The Legislature added moratoria
authority and procedures to the
SMA.
a. The Legislature clarified options
for defining "floodway" as either
the area that has been
established in FEMA maps, or the
floodway criteria set in the SMA.
b. Ecology amended rules to clarify
that comprehensively updated
SMPs shall include a list and map
of streams and lakes that are in
shoreline jurisdiction.
C. Ecology's rule listing statutory
exemptions from the
requirement for an SDP was
amended to include fish habitat
enhancement projects that
Review
The SMP, as well as the
Citywide critical areas
regulations in SVMC Chapter
21.40, Critical Areas, address
wetland mitigation banks.
SMP does not reference
moratoria authority. The City
can rely on statute for
moratoria authority and
procedures.
"Floodway" is not defined in
the SMP. However,
"floodway" is defined in SVMC
Appendix A consistent with
the FEMA definition.
The list of shoreline
jurisdictional areas is located
under SVMC 21.50.020.B and
Appendix B, Figure 51 of the
adopted Comprehensive Plan
includes streams and lakes
within the shoreline
jurisdiction.
This exemption is included at
SVMC 21.50.110.0.
The Watershed Company
February 9, 2021
Action
No action necessary.
No action necessary.
No action necessary.
No action necessary.
No action necessary.
9
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
The Watershed Company
February 9, 2021
Row Summary of change Review Action
conform to the provisions of
RCW 77.55.181.
City of Spokane Valley Shoreline Masler Program
APPENDIX A-1
SHORELINE MASTER PROGRAM DEFINITIONS
A. General Provisions.
The definitions provided herein are supplemental to the definitions provided in Appendix A and
only apply for use with the City's SMP, including chapter 21.50 Spokane Valley Municipal Code
(SVMC). Solely for purposes of the City's SMP, if a conflict exists between these definitions and
definitions in Appendix A, the definitions in Appendix A-1 shall govern. The definition of any
word or phrase not listed in Appendix A-1 which is ambiguous when administering the SMP
shall be defined by the City's Community Development Director, or his/her designee, from the
following sources in the order listed:
1. Any City of Spokane Valley resolution, ordinance, code, or regulation;
2. Any statute or regulation of the State of Washington;
3. Legal definitions from the Hearings Board, from Washington common law, or the
most recently adopted Black's Law Dictionary; or
4. The most recently -adopted Webster's New Collegiate Dictionary.
B. Definitions.
Accessory or appurtenant structures: A structure that is necessarily connected to the use
and enjoyment of a single-family residence, including garages, sheds, decks, driveways,
utilities, fences, swimming pools, hot tubs, saunas, tennis courts, installation of a septic tank
and drainfield, and grading which does not exceed 250 cubic yards and does not involve
placement of fill in any wetland or waterward of the OHWM.
Agricultural activities: Relating to the science or art of cultivating soil or producing crops to
be used or consumed directly or indirectly by man or livestock, or raising of livestock. The term
has the full meaning as set forth in WAC 173-26-020(3)(a) as adopted or amended.
Amendment: A revision, update, addition, deletion, and/or reenactment to an existing SMP.
Applicant: A person who files an application for permit under the SMP and may be the owner
of the land on which the proposed activity would be located, a contract purchaser, or the
authorized agent of such a person.
Aquaculture: The culture or farming of fish, shellfish, or other aquatic plants and animals.
Associated wetlands: Those wetlands (see "Wetlands" definition) that are in proximity to and
either influence, or are influenced by, a lake or stream subject to the SMA.
Average grade level: The average of the natural or existing topography of the portion of the
lot, parcel, or tract of real property which will be directly under the proposed building or
structure; provided that in case of structures to be built over water, average grade level shall be
the elevation of OHWM. Calculation of the average grade level shall be made by averaging the
elevations at the center of all exterior walls of the proposed building or structure.
Best Management Practices (BMPs): Site -specific design strategies, techniques,
technologies, conservation and maintenance practices, or systems of practices and
management measures that minimize adverse impacts from the development or use of a site.
Bioengineering: Project designs or construction methods which use living plant material or a
combination of living plant material and natural or synthetic materials to establish a complex root
grid within the bank which is resistant to erosion, provides bank stability, and promotes a
Council Adopted by Ordinance 14-020 - December 9, 2014 Appendix AI - Definitions
Page I of 8
City of Spokane Valley Shoreline Master Program
healthy riparian environment. Bioengineering approaches may include use of wood structures
or clean angular rock to provide stability.
Boating facilities: Boating facilities include boat launches, ramps, public docks, commercial
docks, and private docks serving more than four residences, together with accessory uses such
as Americans with Disabilities Act -compliant access routes, boat and equipment storage, user
amenities such as benches and picnic tables, and restroom facilities.
Buffer or Shoreline buffer: The horizontal distance from the OHWM or critical area which is
established to preserve shoreline or critical area functions by limiting or restricting development.
See Appendix A-2, Shoreline Buffers Map. Permitted development and activities within buffers
depend on the type of critical area or resource land the buffer is protecting.
Clearing: The destruction or removal of ground cover, shrubs, and trees including, but not
limited to, root material removal and/or topsoil removal.
Commercial uses: Those uses that are involved in wholesale, retail, service, and business
trade. Examples of commercial uses include restaurants, offices, and retail shops.
Conditional use: A use, project, or substantial development which is classified as a conditional
use or is not classified within the SMP.
Degrade: To impair with respect to some physical or environmental property or to reduce in
structure or function.
Development: A use consisting of the construction or exterior alteration of structures; dredging;
drilling; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of
obstructions; or any project of a permanent or temporary nature which interferes with the normal
public use of the surface of the waters overlying lands subject to the SMA at any stage of water
level.
_ _ Commented [ACl]: Attachment A, 20176
Development regulations: The controls placed on development or land uses by the City,
including, but not limited to, zoning ordinances, building codes, critical areas ordinances, all
portions of the SMP other than goals and policies approved or adopted under chapter 90.58
RCW, planned unit development ordinances, subdivision ordinances, and binding site plan
ordinances together with any amendments thereto.
Dock: A floating platform over water used for moorage of recreational or commercial watercraft.
Dredging: The removal of sediment, earth, or gravel from the bottom of a body of water, for the
deepening of navigational channels, to mine the sediment materials, to restore water bodies, for
flood control, or for cleanup of polluted sediments.
Ecological functions or Shoreline functions: The work performed or role played by the
physical, chemical, and biological processes that contribute to the maintenance of the aquatic
and terrestrial environments that constitute the shoreline's natural ecosystem.
Ecology: Washington State Department of Ecology.
Ecosystem -wide process: The suite of naturally occurring physical and geologic processes of
erosion, transport, and deposition; and specific chemical processes that shape landforms within
a specific shoreline ecosystem and determine both the types of habitat and the associated
ecological functions.
Enhancement: Alteration of an existing resource to improve its ecological function without
degrading other existing functions.
Council Adopted by Ordinance 14-020 - December 9, 2014 Appendix AI - Definitions
Page 2 of 8
City of Spokane valley Shoreline Master Program
Exemption or Exempt development: Exempt developments are those set forth in WAC 173-
27-040 and RCW 90.58.030(3)(e), RCW 90.58.140(9), RCW 90.58.147, RCW 90.58.355, and
RCW 90.58.515. See also "Shoreline exemption, letter of'.
Feasible: An action, such as a project, mitigation measure, or preservation requirement, which
meets all of the following conditions:
1. The action can be accomplished with technologies and methods that have been
used in the past in similar circumstances, or studies or tests have demonstrated
in similar circumstances that such approaches are currently available and likely
to achieve the intended results;
2. The action provides a reasonable likelihood of achieving its intended purpose;
3. The action does not physically preclude achieving the project's intended legal
use; and
4. In cases where the SMP requires certain actions unless they are infeasible, the
burden of proving infeasibility is on the applicant. In determining an action's
infeasibility, the City may weigh the action's relative public costs and public
benefits, considered in the short- and long-term time frames.
Fill: The addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other
material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that
raises the elevation or creates dry land. Depositing topsoil in a dry upland area for landscaping
purposes is not considered a fill.
Flood hazard reduction: Measures taken to reduce flood damage or hazards. Flood hazard
reduction measures may consist of nonstructural measures, such as setbacks, land use
controls, wetland restoration, dike removal, use relocation, biotechnical measures, and
stormwater management programs, and of structural measures, such as dikes, levees,
revetments, floodwalls, channel realignment, and elevation of structures consistent with the
National Flood Insurance Program.
Footprint: That area defined by the outside face of the exterior walls of a structure.
Forest practices: Any activity relating to growing, harvesting, or processing timber, including,
but not limited to, uses defined in RCW 76.09.020.
Grading: The movement or redistribution of the soil, sand, rock, gravel, sediment, or other
material on a site in a manner that alters the natural contour of the land.
Habitat: The place or type of site where a plant or animal lives and grows.
Habitat enhancement: Actions performed within an existing shoreline, critical area, or buffer to
intentionally increase or augment one or more ecological functions or values, such as increasing
aquatic and riparian plant diversity or cover, increasing structural complexity, installing
environmentally compatible erosion controls, or removing non -indigenous plant or animal
species.
Hearings Board: The Shoreline Hearings Board established by the SMA.
Height: Height is measured from average grade level to the highest point of a structure;
provided that television antennas, chimneys, and similar appurtenances shall not be used in
calculating height; provided further that temporary construction equipment is excluded from this
calculation.
In -stream structure: A structure placed by humans within a stream or river waterward of the
OHWM that either causes or has the potential to cause water impoundment or cause the
diversion, obstruction, or modification of water flow. In -stream structures may include those for
Council Adopted by Ordinance 14-020 - December 9, 2014 Appendix AI - Definitions
Page 3 of8
City of Spokane Valley Shoreline Master Program
hydroelectric generation, irrigation, water supply, flood control, transportation, utility service
transmission, fish habitat enhancement, recreation, or other purpose.
Industrial uses: Facilities for processing, manufacturing, fabrication, assembly, and storage of
finished or semi -finished products.
Landward: To, or towards, the land in a direction away from a water body.
May: The action is acceptable, provided it conforms to the provisions of this SMP.
Mining: The removal of sand, gravel, soil, minerals, and other earth materials for commercial
and other uses.
Mitigation or Mitigation sequencing: To avoid, minimize, or compensate for adverse impacts.
Native: For the purposes of this SMP, "native" means a plant or animal species that naturally
occurs in Spokane County, or occurred in Spokane County at the time of Euro-American
exploration and settlement, beginning in the early 19" century.
No net loss: The standard for protection of shoreline ecological functions established in RCW
36.70A.480 as adopted or amended, and as that standard is interpreted on an on -going basis
by courts, the Growth Management Hearings Board, or the Hearings Board. The concept of "no
net loss" as used herein, recognizes that any use or development has potential or actual, short-
term or long-term impacts which may diminish ecological function and that through application
of appropriate development standards and employment of mitigation measures in accordance
with mitigation sequencing, those impacts will be addressed in a manner necessary to assure
that the end result will not cumulatively diminish the shoreline resources and values as they
currently exist. Where uses or development that impact ecological functions are necessary to
achieve other objectives of RCW 90.58.020, the no net loss standard protects to the greatest
extent feasible existing ecological functions and favors avoidance of new impacts to habitat and
ecological functions before implementing other measures designed to achieve no net loss of
ecological functions.
,,: � 'ecally �siab 9 la; that rn t rlimenso:;
a time o Its - :.a ishrnei'. 'iow COlilali l5 Ics-, Ul:i..
Nonconforming structure: A structure within the -shoreline which was lawfully
constructed or established within the application process prior to the effective date of the SMA
or the SMP, or amendments thereto, but which does not conform to present regulations or
standards of the SMP.L _ _ - commented [Ac2]: Attachment A, zova
Nonconforming use: A shoreline use which was lawfully established or established within the
application process prior to the effective date of the SMA or the SMP, or amendments thereto,
but which does not conform to present regulations or standards of the SMP.
Non water -oriented uses: Any uses that are not water -dependent, water -related, or water -
enjoyment as defined by the SMP.
Off -site mitigation: To replace wetlands or other shoreline environmental resources away from
the site on which a resource has been impacted by an activity.
Ordinary high water mark (OHWM): The mark that will be found by examining the bed and
banks and ascertaining where the presence and action of waters are so common and usual,
and so long continued in all ordinary years, as to mark upon the soil a character distinct from
that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as
Council Adopted by Ordinance 14-020 - December 9, 2014 Appendix A! - Definitions
Page 4 of 8
City of Spokane Valley Shoreline Master Program
it may naturally change thereafter, or as it may change thereafter in accordance with permits
issued by the City, provided that in any area where the OHWM cannot be found, the OHWM
adjoining freshwater shall be the line of mean high water.
Pier: A fixed platform over water used for moorage of recreational or commercial watercraft.
Priority habitats and species: Habitats and species designated by the Washington
Department of Fish and Wildlife as requiring protective measures for their survival due to
population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal
importance. Priority species include State Endangered, Threatened, Sensitive, and Candidate
species; animal aggregations (such as bat colonies) considered vulnerable; and species of
recreational, commercial, or tribal importance that are vulnerable. Washington Department of
Fish and Wildlife maintains maps of known locations of priority habitats and species in
Washington State.
Provisions: Policies, regulations, standards, guideline criteria, or environment designations.
Public access: The ability of the general public to reach, touch, and enjoy the water's edge, to
travel on the waters of the state, and to view the water and the shoreline from adjacent
locations.
Public facilities: Facilities and structures, operated for public purpose and benefit, including,
but not limited to, solid waste handling and disposal, water transmission lines, sewage treatment
facilities and mains, power generating and transfer facilities, gas distribution lines and storage
facilities, stormwater mains, and wastewater treatment facilities.
Qualified professional: A person who, in the opinion of the Director, has appropriate
education, training and experience in the applicable field to generate a report or study required
in this SMP.
1. For reports related to wetlands, this means a certified professional wetland
scientist or a non -certified professional wetland scientist with a minimum of five
years' experience in the field of wetland science and with experience preparing
wetland reports.
2. For reports related to critical aquifer recharge areas, this means a
hydrogeologist, geologist, or engineer, who is licensed in the State of
Washington and has experience preparing hydrogeologic assessments.
3. For reports related to fish and wildlife habitat conservation areas this means a
biologist with experience preparing reports for the relevant type of habitat.
4. For reports related to geologically hazardous areas this means a geotechnical
engineer or geologist, licensed in the State of Washington, with experience
analyzing geologic, hydrologic, and ground water flow systems.
5. For reports related to frequently flooded areas this means a hydrologist or
engineer, licensed in the State of Washington with experience in preparing flood
hazard assessments.
6. For reports related to cultural and archaeological resources and historic
preservation, this means a professional archaeologist or historic preservation
professional.
RCW: Revised Code of Washington.
Recreational use: Commercial and public facilities designed and used to provide recreational
opportunities to the public.
Residential use: Uses for residential purpose.
Council Adopted by Ordinance 14-020 - December 9, 2014 Appendix AI - Definitions
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City of Spokane Valley Shoreline Master Program
Restore, restoration, or ecological restoration: The reestablishment or upgrading of
impaired ecological shoreline processes or functions. This may be accomplished through
measures including, but not limited to, revegetation, removal of intrusive shoreline structures,
and removal or treatment of toxic materials. Restoration does not imply a requirement for
returning the shoreline area to aboriginal or pre -European settlement conditions.
Riparian area: The interface area between land and a river or stream. The area includes plant
and wildlife habitats and communities along the river margins and banks.
Setback or shoreline setback: The minimum required distance between a structure and the
shoreline buffer that is to remain free of structures.
Shall: An action that is mandatory and not discretionary.
Shorelands or shoreland areas: Those lands extending landward for 200 feet in all directions
as measured on a horizontal plane from the OHWM; floodways and contiguous floodplain areas
landward 200 feet from such floodways; and all wetlands associated with the streams and lakes
which are subject to the provisions of the SMA and the SMP; all of which will be designated as
to location by Ecology.
Shoreline exemption, letter of: Documentation provided by the City that proposed
development qualifies as an Exempt Development (as that term is defined herein) and that the
proposed development is consistent with chapter 21.50 SVMC and other local and state
requirements, including the State Environmental Policy Act as adopted or amended when
applicable.
Shoreline jurisdiction and shoreline areas: All "shorelines of the state" and "shorelands".
Shoreline Management Act (SMA): The Shoreline Management Act of 1971 as set forth in
chapter 90.58 RCW as adopted or amended.
Shoreline Master Program (SMP): The comprehensive use plan applicable to the shorelines
of the state within the City, including the use regulations, together with maps, goals and policies,
and standards developed in accordance with the policies enunciated in RCW 90.58.020.
Shoreline modifications: Those actions that modify the physical configuration or qualities of
the shoreline area, usually through the construction of a physical element such as a dike,
breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can
include other actions, such as clearing, grading, or application of chemicals.
Shoreline permit(s): Means any substantial development, variance, conditional use permit, or
revision authorized under chapter 21.50 SVMC and chapter 90.58 RCW.
Shoreline stabilization: Actions taken to prevent or mitigate erosion impacts to property or
structures caused by shoreline processes such as currents, floods, or wind action. Shoreline
stabilization includes, but is not limited to, structural armoring approaches such as bulkheads,
bulkhead alternatives, and nonstructural approaches such as bioengineering.
Shoreline substantial development permit: A permit required by the SMP for substantial
development within the shoreline jurisdiction.
Shorelines: All of the water areas of the state, including reservoirs, and their associated
shorelands, together with the lands underlying them, except (a) shorelines of statewide
significance; (b) shorelines on segments of streams upstream of a point where the mean annual
flow is 20 cubic feet per second or less and the wetlands associated with such upstream
Council Adopted by Ordinance 1 d-020 - December 9, 2014 Appendix AI - Definitions
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City of Spokane Valley Shoreline Master Program
segments; and (c) shorelines on lakes less than 20 acres in size and wetlands associated with
such small lakes.
Shorelines of statewide significance: Has the meaning as set forth in RCW 90.58.030(2)(0
as adopted or amended.
Shorelines of the state: The total of all "shorelines" and "shorelines of statewide significance"
within the state.
Should: An action which is required unless there is a demonstrated, compelling reason based
on policy of the SMA and the SMP, against taking the action.
Substantial development: Any development of which the total cost or fair market value
exceeds $6,416, or any development which materially interferes with the normal public use of
the water or shorelines of the state. The current thresholds will be adjusted for inflation by the
State Office of Financial Management every five years, beginning from July 1, 2007.
Temporary impact: Impacts to a critical area that are less than one year and expected to be
restored following construction.
Transportation facilities: Facilities consisting of the means and equipment necessary for the
movement of passengers or goods.
Upland: Generally described as the dry land area above and landward of the OHWM.
Utilities: Services and facilities that produce, convey, store or process power, gas, sewage,
water, stormwater, communications, oil, and waste.
Variance: A process to grant relief from the specific bulk, dimensional, or performance
standards through submission of a shoreline variance. A variance is not a means to change the
allowed use of a shoreline.
Viewing platform: A platform located landward of the OHWM used for viewing pleasure.
WAC: Washington Administrative Code.
Water -dependent use: A use or portion of a use which cannot exist in a location that is not
adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its
operations.
Water -enjoyment use: A recreational use or other use that facilitates public access to the
shoreline as a primary characteristic of the use; or a use that provides for recreational use or
aesthetic enjoyment of the shoreline for a substantial number of people as a general
characteristic of the use and which through location, design, and operation ensures the public's
ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a
water -enjoyment use, the use must be open to the general public and the shoreline -oriented
space within the project must be devoted to the specific aspects of the use that fosters shoreline
enjoyment.
Water -oriented use: A use that is water -dependent, water -related, or water -enjoyment, or a
combination of such uses.
Water quality: The physical characteristics of water within the shoreline jurisdiction, including
water quantity, hydrological, physical, chemical, aesthetic, recreation -related, and biological
characteristics.
Water quantity: The flow rate and/or flow volume of stormwater or surface water. Where used
in the SMP, the term "water quantity" refers to uses and/or structures regulated under the SMP
affecting water quantity, such as impermeable surfaces and stormwater handling practices.
Council Adopted by Ordinance 14-020 - December 9, 2014 Appendix AI - Definitions
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City of Spokane Valley Shoreline Master Program
Water quantity, for purposes of the SMP, does not mean the withdrawal of groundwater or
diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.
Water -related use: A use or portion of a use which is not intrinsically dependent on a
waterfront location but whose economic viability is dependent upon a waterfront location
because:
1. The use has a functional requirement for a waterfront location such as the arrival
or shipment of materials by water or the need for large quantities of water; or
2. The use provides a necessary service supportive of the water -dependent uses
and the proximity of the use to its customers makes its services less expensive
and/or more convenient.
Wetlands: Areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not
include those artificial wetlands intentionally created from non -wetland sites, including, but not
limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands
created after July 1, 1990, that were unintentionally created as a result of the construction of a
road, street, or highway. Wetlands may include those artificial wetlands intentionally created
from non -wetland areas to mitigate the conversion of wetlands.
Council Adopted by Ordinance 14-020 — December 9, 2014 Appendix AI - Definitions
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City of Spokane Valley Shoreline Master program
Chapter 4 - CHAPTER 21.50 - SHORELINE REGULATIONS
4.0 Shoreline Permits, Procedures, and Administration
21.50.010 Applicability, Shoreline Permits, and Exemptions
To be authorized, all uses and development activities in shorelines shall comply with the City of
Spokane Valley's (City) Shoreline Master Program (SMP) and the Shoreline Management Act
(SMA) pursuant to RCW 90.58.140(1). All regulations applied within the shoreline shall be
liberally construed to give full effect to the objectives and purposes for which they have been
enacted.
21.50.020 Applicability
A. The SMP shall apply to all shorelands, shorelines, and waters within the City that fall
under the jurisdiction of chapter 90.58 RCW. The Shoreline Designations Map is shown
in Appendix A. These include:
1. Lands extending 200 feet from the ordinary high water mark (OHWM) of waters
that fall under the jurisdiction of chapter 90.58 RCW, in all directions as
measured on a horizontal plane;
2. Floodways and contiguous floodplain areas landward 200 feet from such
floodways;
3. Critical areas within the shoreline and their associated buffer areas; and
4. Lakes that are subject to the provisions of the SMP, as may be amended.
B. Maps depicting the extent of shoreline jurisdiction and shoreline designations are for
guidance only. They are to be used in conjunction with best available science, field
investigations, and on -site surveys to accurately establish the location and extent of the
shoreline jurisdiction when a project is proposed. All areas meeting the definition of a
shoreline or a Shoreline of Statewide Significance, whether mapped or not, are subject
to the provisions of the SMP. Within the City, Shelley Lake is considered a Shoreline of
the State and is subject to the provisions of the SMP. The Spokane River is further
identified as a Shoreline of Statewide Significance.
C. The SMP shall apply to every person, individual, firm, partnership, association,
organization, corporation, local or state governmental agency, public or municipal
corporation, or other non-federal entity that develops, owns, leases, or administers
lands, critical areas, or waters that fall under the jurisdiction of the SMA.
D. develooments Identified r. ; and -045 are not reaulred to obtain
= n;
exempt#em all pFoGedural requiFements-ef-th� I _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - Commented [ACl]: Gap Analysis Attachment A, 2017c
E. Development may require a shoreline permit in addition to other approvals required from
the City, state, and federal agencies.
F. The SMP shall apply whether the proposed development or activity is exempt from a
shoreline permit or not.
Council Adopted by Ordinance No. Chapter -1 - Development Regulations
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City of Spokane Valley Shoreline Master Program
G. Definitions relevant to the SMP are set forth in Appendix A-1. If any conflict occurs
between the definitions found in Appendix A-1, and Appendix A, the definition provided
in Appendix A-1 shall govern.
H. When the provisions set forth in SVMC 21.50 conflict with other provisions of the SMP or
with federal or state regulations, those which provide more substantive protection to the
shoreline shall apply.
21.50.030 Administrative Authority and Responsibility
A. The City Manager #as -designated
n (D F) as the Cit shoreline administrator, who shall carry out the
provisions of the SMP and who shall have the authority to act upon the following
matters:
1. Interpretation, enforcement, and administration of the SMP;
2. Modifications or revisions to approved shoreline permits as provided in the SMP;
and
3. Requests for Letters of Exemption.
The DiresteF shall ensure compliance with the provisions of the SMP for all
shoreline permits and approvals processed by the City pursuant to SVMC 21.50.100,
21.50.110, 21.50.130, and 21.50.140.
C. The sirester shall document all project review actions in the shoreline
jurisdiction in order to periodically evaluate the cumulative effects of authorized
development on shoreline conditions, pursuant to WAC 173-26-191(2)(a)(iii)(D).
D. The D'Fester shall consult with Ecology to ensure that any formal written
interpretations are consistent with the purpose and intent of chapter 90.58 RCW and the
applicable guidelines of chapter 173-26 and 173-27 WAC.
21.50.040 Types of Shoreline Permits
Developments and uses within the shoreline jurisdiction may be authorized through one or more
of the following:
A. Shoreline Substantial Development Permit, pursuant to SVMC 21.50.100, for substantial
development.
B. Shoreline Conditional Use Permit, pursuant to SVMC 21.50.130, for projects identified in
SVMC 21.50.190 or uses not specified in the SMP.
C. Letters of Exemption, pursuant to SVMC 21.50.120, for projects or activities meeting the
criteria of RCW 90.58.030(3)(e) and WAC 173-27-040(2).
D. Shoreline Variance, pursuant to SVMC 21.50.140.
21.50.050 Development Authorization Review Procedure
A. Complete development applications and appeals shall be processed pursuant to SVMC
17.80 Permit Processing Procedures, SVMC 17.90 Appeals, and with any specific
process requirements provided in SVMC 21.50 including:
1. Submittals;
2. Completeness review;
3. Notices;
4. Hearings;
5. Decisions; and
6. Appeals.
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City of Spokane Valley Shoreline Muster Program
The following procedures shall also apply to development authorizations within the
shoreline jurisdiction:
1. The public comment period for Shoreline Substantial Development Permits shall
be 30 days, pursuant to WAC 173-27-110.
2. The public comment period for limited utility extensions and shoreline
stabilization measures for bulkheads to protect a single-family residence and its
appurtenant structures shall be 20 days, pursuant to WAC 173-27-120.
3. For limited utility extensions and bulkheads for a single-family residence, a
decision shall be issued within 21 days from the last day of the comment period,
pursuant to WAC 173-27-120.
4. The effective date of a shoreline permit shall conform to WAC 173-27-090 and
shall be the latter of the permit date, or the date of final action on subsequent
appeals of the shoreline permit, if any, unless the Applicant notifies the shoreline
administrator of delays in other necessary construction permits.
5. The expiration dates for a shoreline permit pertaining to the start and completion
of construction, and the extension of deadlines for those dates shall conform to
WAC 173-27-090 and are:
a. Construction shall be started within two years of the effective date of the
shoreline permit;
b. Construction shall be completed within five years of the effective date of
the shoreline permit;
C. A single one-year extension of the deadlines may be granted at the
discretion of the Diresto ; and
d. The Difestn may set alternative permit expiration dates as e
condition of the shoreline permit if just cause exists.
6 The decision and the application materials shall be sent to Ecology after the local
decision and any local appeal procedures have been completed, pursuant to
WAC 173-27-130.
7. For Shoreline Substantial Development Permits, Ecology shall file the permit
without additional action pursuant to WAC 173-27-130.
8. For Shoreline Conditional Use permits and Variance decisions, Ecology shall
issue a decision within 30 days of the date of filing, pursuant to WAC 173-27-130
and WAC 173-27-200.
9. The appeal period to the Shorelines Hearings Board of an Ecology action shall
be 21 days from the date of filing i ii suai't to 'vV,, C 173-27- I y0 T_
a. for
a Shoreline Substantial Development
Permit_; er4he issue ate
to [Ater
_decision ;
puirsuaRt 473 27 190
b. I -
_-ariance the date that
Etch)
iial Use Permit or Variance is
C.
i,iLlitaneousiv mailed wah a
Shcrailne
ai ance to Ecolooy the date that
Er.,loav ,
�ondi±ienal Use Penrii or Variance is
- - - Commented [AC21: Gap Analysis Attachment A, 20lld
10. The Shorelines Hearings Board will
follow the rules governing that body,
pursuant to chapter 90.58 RCW.
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City of Spokane Valley Shoreline Master Program
C. Development applications shall be reviewed for conformance with SVMC 21.50.180
through 21.50.560.
21.50.060 Authorization Decisions - Basis for Action
A. Approval or denial of any development or use within the shoreline jurisdiction shall be
based upon the following:
1. Danger to life and property that would likely occur as a result of the project;
2. Compatibility of the project with the critical area features on, adjacent to, or near
the property, shoreline values and ecological functions, and public access and
navigation;
3. Conformance with the applicable development standards in SVMC 21.50;
4. Requirements of other applicable local, state, or federal permits or
authorizations;
5. Adequacy of the information provided by the Applicant or available to the
D6Fester ; and
6. Ability of the project to satisfy the purpose and intent of the SMP.
B. Based upon the project evaluation, the 9irestar shall take one of the
following actions:
1. Approve the development or use;
2. Approve the development or use with conditions, pursuant to SVMC 21.50.070;
or
3. Deny the development or use.
C. The decision by the Direster - on the development or use shall include
written findings and conclusions stating the reasons upon which the decision is based.
21.50.070 Conditions of Approval
When approving any development or use, the DirestO may impose conditions to:
A. Accomplish the purpose and intent of the SMP;
B. Eliminate or mitigate any negative impacts of the project on critical areas, and on
shoreline functions;
C. Restore important resource features that have been degraded or lost on the project site;
D. Protect designated critical areas and shoreline jurisdiction from damaging and
incompatible development; or
E. Ensure compliance with specific development standards in SVMC 21.50.
21.50.080 Prohibited Activities and Uses
The following activities and uses are prohibited in all shoreline designations and are not eligible
for a shoreline permit, including a Conditional Use or Shoreline Variance. See Table 21.50-1
and Table 21.50-2.
A. Uses not allowed in the underlying zoning district;
B. Discharge of solid wastes, liquid wastes, untreated effluents, or other potentially harmful
materials;
Council Adopted by Ordinance No. 44-0O4 " " "`R ..,r,�"' 9 _' 4 ' Chapter 4 - Development Regulations
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City of Spokane Valley Shoreline Master Program
C. Solid waste or hazardous waste landfills;
D. Speculative fill;
E. Dredging or dredge material disposal in wetlands;
F. Dredging or dredge material disposal to construct land canals or small basins for boat
moorage or launching, water ski landings, swimming holes, or other recreational
activities;
G. Commercial timber harvest or other forest practices;
H. Agriculture and aquaculture;
I. Non water -oriented Industrial Uses and Mining; and
J. The construction of breakwaters, jetties, groins, or weirs.
21.50.090 Minor Activities Allowed Without a Shoreline Permit or Letter of Exemption
The SMP applies to the following activities, however, they are allowed without a shoreline permit
or Letter of Exemption:
A. Maintenance of existing landscaping (including paths and trails) or gardens within the
shoreline, including a regulated critical area or its buffer. Examples include mowing
lawns, weeding, harvesting and replanting of garden crops, pruning, and planting of non-
invasive ornamental vegetation or indigenous native species to maintain the general
condition and extent of such areas. Removing trees and shrubs within a buffer is not
considered a maintenance activity. See SVMC 21.50.260 for regulations regarding
vegetation removal. Excavation, filling, and construction of new landscaping features
are not considered a maintenance activity and may require a shoreline permit or letter of
exemption.
B. Minor maintenance and/or repair of lawfully established structures that do not involve
additional construction, earthwork, or clearing. Examples include painting, trim or facing
replacement, re -roofing, etc. Construction or replacement of structural elements is not
covered in this provision, but may be covered under an exemption in SVMC
21.50.110(B).
C. Cleaning canals, ditches, drains, wasteways, etc. without expanding their original
configuration is not considered additional earthwork, as long as the cleared materials are
placed outside the shoreline jurisdiction, wetlands, and buffers.
D. Creation of unimproved private trails that do not cross streams or wetlands and which
are less than two feet wide and do not involve placement of fill or grubbing of vegetation.
E. Planting of native vegetation.
F. Noxious weed control outside of buffers pursuant to SVMC 21.50.110(M) except for area
wide vegetation removal/grubbing.
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City of5pokane Valley Shoreline Master Program
G. Noxious weed control within vegetative buffers, if the criteria listed below is met. Control
methods not meeting these criteria may still apply for a restoration exemption, or other
authorization as applicable:
1. Hand removal/spraying of individual plants only; and
2. No area -wide vegetation removal/grubbing.
H. Pruning, thinning, or dead or hazardous tree removal pursuant to SVMC 21.50.260(C).
21.50.100 Shoreline Substantial Development Permit Required
A. Classification Criteria - A Shoreline Substantial Development Permit is required for any
substantial development unless the use or development is specifically exempt pursuant
to SVMC 21.50.090 or 21.50.110.
B. Process - Shoreline Substantial Development Permits shall be processed as a Type II
review pursuant to SVMC 17.80 Permit Processing Procedures, subject to the
exceptions set forth in SVMC 21.50.050.
C. Decision Criteria - A Shoreline Substantial Development Permit may be issued when all
applicable requirements of the SMA, WAC 173-27, and the SMP have been met.
21.50.110 Exemptions from Shoreline Substantial Development Permit
The activities listed below I are - _ - commented [MDs]: Gap Analyses Attachment A, 2019a, Rolla
exempt from the requirement to obtain a Shoreline Substantial Development Perm it__p a
to %N.AG 173 n 040 Tl ese activities still require a letter of exemption and may require a
Shoreline Conditional Use Permit, Shoreline Variance, or other development permits from the
City or other agencies.
If any part of a proposed development is not eligible for a Letter of Exemption, then a Shoreline
Substantial Development Permit is required for the entire proposed development project.
Exemptions shall be construed narrowly. Only those developments that meet the precise terms
of one or more of the listed exemptions may be granted exemptions from the Shoreline
Substantial Development Permit.
A. Any development of which the total cost or fair market value does not exceed
� 416 or as adjusted by the State Office of Financial Management, if such _ — — Commented [AC4]: Gap Analysis Attachment A, 2017a
development does not materially interfere with the normal public use of the water or
Shorelines of the State. For purposes of determining whether or not a Shoreline
Substantial Development Permit is required, the total cost or fair market value shall be
based on the value of development as defined in RCW 90.58.030(o(sJ_ The total cost , _ - commented [AC5]: Gap Analysis Attachment A, 2017a
or fair market value of the development shall include the fair market value of any
donated, contributed, or found labor, equipment, or materials.
B. Normal maintenance or repair of existing legally -established structures or developments,
including damage by accident, fire, or elements.
1. Normal maintenance includes those usual acts to prevent a decline, lapse, or
cessation from a lawfully established condition.
2. Normal repair means to restore a development to a state comparable to its
original condition, including but not limited to its size, shape, configuration,
location, and external appearance, within a reasonable period after decay or
partial destruction, except where repair causes substantial adverse effects to the
shoreline resource or environment.
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City of Spokane Valley Shoreline h/aster Program
Replacement of a structure or development may be authorized as repair where
such replacement is:
a. The common method of repair for the type of structure or development
and the replacement structure or development is comparable to the
original structure or development including but not limited to its size,
shape, configuration, location, and external appearance; and
b. The replacement does not cause substantial adverse effects to shoreline
resources or environment.
C. Construction of a normal protective bulkhead common to residential lots:
1. A normal protective bulkhead includes those structural and nonstructural
developments installed at or near, and parallel to, the OHWM for the sole
purpose of protecting an existing residence and appurtenant structures from loss
or damage by erosion.
2. A normal protective bulkhead is not exempt if constructed for the purpose of
creating dry land. When a vertical or near vertical wall is being constructed or
reconstructed, not more than one cubic yard of fill per one foot of wall may be
used as backfill.
3. When an existing bulkhead is being repaired by construction of a vertical wall
fronting the existing wall, it shall be constructed no further waterward of the
existing bulkhead than is necessary for construction of new footings. When a
bulkhead has deteriorated such that an OHWM has been established by the
presence and action of water landward of the bulkhead then the replacement
bulkhead must be located at or near the actual OHWM.
4. Beach nourishment and bioengineered erosion control projects may be
considered a normal protective bulkhead when any structural elements are
consistent with the above requirements and when the project has been approved
by the Washington State Department of Fish and Wildlife (WDFW).
Emergency construction necessary to protect property from damage by the elements.
An "emergency" is an unanticipated and imminent threat to public health, safety, or the
environment that requires immediate action within a time too short to allow full
compliance with Chapter 21.50.
1. Emergency construction does not include development of new permanent
protective structures where none previously existed. Where new protective
structures are deemed by the Director to be the appropriate means to address
the emergency situation, upon abatement of the emergency situation the new
structure shall be removed or any permit that would have been required, absent
an emergency, pursuant to chapter 90.58 RCW, WAC 173-27, or the SMP, shall
be obtained.
2. All emergency construction shall be consistent with the policies and requirements
of chapter 90.58 RCW and the SMP. As a general matter, flooding or other
seasonal events that can be anticipated and may occur but that are not imminent
are not an emergency.
Construction or modification of navigational aids such as channel markers and anchor
buoys.
Construction on shorelands by an owner, lessee, or contract purchaser of a single-family
residence or appurtenance for their own use or for the use of their family, which
Council Adopted by Ordinance No. 4-4 lhFl "...,.ram.. n v�, Chapicr 4 - Developutent Regulations
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City of Spokane Valley Shoreline Master Program
residence does not exceed a height of 35 feet above average grade level, and which
meets all requirements of the City, other than requirements imposed pursuant to chapter
90.58 RCW. Construction authorized under this subsection shall be located landward of
the OHWM.
G. Construction of a dock, including a community dock, designed for pleasure craft only, for
the private non-commercial use of the owner, lessee, or contract purchaser of a single-
family or multiple -family residence. A dock is a landing and moorage facility for
watercraft and does not include recreational decks, storage facilities, or other
appurtenances. This exception applies when the fair market value of the dock does not
exceed $20 899
ti +'+ h co + + e e f Fke. value e�gRg 500
y + ti+.,
The ar', his
roe: :.•i tile St�T= Financial
H. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or
other facilities that now exist or are hereafter created or developed as a part of an
irrigation system for the primary purpose of making use of system waters, including
return flow and artificially stored ground water from the irrigation of lands.
I. The marking of property lines or corners on state-owned lands, when such marking does
not significantly interfere with normal public use of the surface of the water.
J. Operation and maintenance of any system of dikes, ditches, drains, or other facilities
existing on September 8, 1975, which were created, developed, or utilized primarily as a
part of an agricultural drainage or diking system.
K. Any project with a State Energy Facility Site Evaluation Council certification from the
governor pursuant to RCW 80.50.
L. Site exploration and investigation activities that are prerequisite to preparation of an
application for development authorization under this chapter, if:
1. The activity does not interfere with the normal public use of surface waters;
2. The activity will have no significant adverse impact on the environment including
but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic
values;
3. The activity does not involve the installation of any structure, and upon
completion of the activity the vegetation and land configuration of the site are
restored to conditions existing before the activity; and
4. The Applicant first posts a performance surety acceptable to the City to ensure
that the site is restored to pre-existing conditions.
Council Adopted by Ordinance No. 44 " ' "' `� «' " _"' ` ' Chapter 4 - Development Regulations
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City of Spokane Valley Shoreline Master Program
M. Removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through
the use of an herbicide or other treatment methods applicable to weed control published
by the Department of Agriculture or Ecology jointly with other state agencies under RCW
43.21 C.
N. Watershed restoration projects as defined in WAC 173.27.040(2)(o). The Director shall
determine if the project is substantially consistent with the SMP and notify the Applicant
of such determination by letter.
O. A public or private project that is designed to improve fish or wildlife habitat or fish
passage as reviewed by WDFW and all of the following apply:
1. The project has been approved in writing by the WDFW;
2. The project has received hydraulic project approval by the WDFW pursuant to
chapter 77.55 RCW; and
3. The Director has determined that the project is substantially consistent with the SMP and
shall notify the Applicant of such determination by letter.
21.50.120 Letter of Exemption
A. The proponent of an activity exempt from a Shoreline Substantial Development Permit
shall apply for a Letter of Exemption. All activities exempt from the requirement for a
Shoreline Substantial Development Permit shall use reasonable methods to avoid
impacts to critical areas within the shoreline jurisdiction. Being exempt from the
requirements for a Shoreline Substantial Development Permit does not give authority to
degrade a critical area, or shoreline, or ignore risk from natural hazards.
B. The OirestG shall review the Letter of Exemption request to verify
compliance with the SMP and shall approve or deny such Letter of Exemption.
C. If a Letter of Exemption is issued, it shall be sent to Ecology, the Applicant, and a copy
retained by the City.
D. A Letter of Exemption may contain conditions and/or mitigating conditions of approval to
achieve consistency and compliance with the provisions of the SMP and the SMA.
E. A denial of a Letter of Exemption shall be in writing and shall list the reason(s) for the
denial.
21.50.130 Shoreline Conditional Use Permit
A. Classification Criteria - Shoreline conditional uses are those uses within the shoreline
jurisdiction identified in Table 21.50-1 Shoreline Use Table, which require a Shoreline
Conditional Use Permit.
B. Unclassified uses not specifically identified in Table 21.50-1 may be authorized through
a Shoreline Conditional Use Permit, provided the Applicant can demonstrate consistency
with the requirements of SVMC 21.50.
C. Process - A Shoreline Conditional Use Permit shall be processed as a Type II review
pursuant to SVMC 17.80 Permit Processing Procedures. The Direster
shall be the final authority for the City, whose recommendation is then forwarded to
Ecology. Ecology shall have final approval authority pursuant to WAC 173-27-200.
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City of Spokane Valley Shoreline Master Program
D. Decision Criteria - The Digester i 's decision on a conditional use shall be
based upon the criteria set forth in SVMC 19.150.030 and 21.50.060 Conditions and
Requirements, together with the criteria established below. The Applicant shall
demonstrate to the satisfaction of the Direster that the development meets
all of the following criteria:
1. The use is consistent with the policies of RCW 90.58.020;
2. The use will not interfere with the normal public use of public shorelines;
3. The use of the site and design of the project is compatible with other permitted
uses in the area;
4. The use will cause no significant adverse effects to the shoreline environment
designation in which it is located; and
5. The public interest will suffer no substantial detrimental effect.
E. Consideration shall be given to the cumulative impact of additional requests for like
actions in the area. For example, if Shoreline Conditional Use Permits were granted for
other developments in the area where similar circumstances exist for similar uses and
impacts, the total cumulative effect of the conditional uses shall also remain consistent
with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to
the shoreline environment.
F. The burden of proving that the project is consistent with the applicable criteria shall be
upon the Applicant.
21.50.140 Shoreline Variance
A. The purpose of a Shoreline Variance is to grant relief to specific bulk or dimensional
requirements set forth in SVMC 21.50 where extraordinary or unique circumstances
exist relating to the property such that the strict implementation of the standards would
impose unnecessary hardships on the Applicant, or thwart the policies set forth in the
SMA and the SMP.
B. When a development or use is proposed that does not meet requirements of the bulk,
dimensional, and/or performance standards of the SMP, such development may only be
authorized by approval of a Shoreline Variance, even if the development or use does not
require a Shoreline Substantial Development Permit.
C. Process - A Shoreline Variance shall be processed as a Type II review pursuant to
SVMC 17.80 Permit Processing Procedures. Each request for a Shoreline Variance
shall be considered separately and prior to any decision on a development application.
Any decision to approve or conditionally approve the development will include and
specifically cite only those variances approved for inclusion with the project.
D. When a Shoreline Variance is requested, the Direster ; shall be the final
authority for the City. The Direeter I determination shall be provided to
Ecology for review. Ecology shall have final approval authority of Shoreline Variances
pursuant to RCW 90.58.140(10).
E. Decision Criteria - To qualify for a Shoreline Variance, the following shall be required:
1. Demonstrate compliance with the criteria established in SVMC 21.50.060
Authorization Decisions - Basis for Action.
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City of Spokane Valley Shoreline Muster Program
A Shoreline Variance request for a development or use located landward of the
OHWM, or landward of any wetland shall cite the specific standard or condition
from which relief is requested and be accompanied by evidence that
demonstrates the variance is consistent with all of the items below:
a. That the strict application of a standard precludes, or significantly
interferes with, reasonable use of the property;
b. That the hardship described in subsection (a) is specifically related to the
property, and is a result of unique natural or physical conditions, such as
irregular lot shape, size, or natural features which do not allow compliance
with the standard. The site constraint shall not be the result of a deed
restriction, a lack of knowledge of requirements involved when the property
was acquired, or other actions resulting from the proponent's own actions;
C. The project is generally compatible with other permitted or authorized uses
in the project area, with uses planned for the area under the
Comprehensive Plan and the SMP, and will not cause adverse impacts to
the area;
d. The requested variance would not constitute a grant of special privilege
not enjoyed by other properties in the area, and the variance is the
minimum necessary to afford the requested relief; and
e. That the public interest will suffer no substantial detrimental effect.
A Shoreline Variance request for a development or use located waterward of the
OHWM, or within any wetland shall cite the specific standard or condition from
which relief is requested and be accompanied by evidence that demonstrates the
variance is consistent with all of the items below:
a. That the strict application of a standard would preclude all reasonable use
of the property;
b. That the proposal is consistent with the criteria established under
subsection (2)(b) through (e) of this section; and
C. That the public rights of navigation and use of the shorelines will not be
adversely affected.
In the granting of any Shoreline Variance, consideration shall be given to the
cumulative impact of additional requests for like variances in the area. For
example, if Shoreline Variances were granted to other developments and/or uses
in the area where similar circumstances exist, the total of the variances shall also
remain consistent with the policies of the SMA and SMP and shall not cause
substantial adverse impacts to the shoreline environment.
The burden of proving that a proposed variance meets the criteria of the SMP and WAC
173-27-170 shall be on the Applicant. Absence of such proof shall be a basis for denial
of the application.
21.50.150 Nonconforming Development
A. Classification Criteria — A use, structure, appurtenant structure, or lot is nonconforming if
it was legally established but is inconsistent with a subsequently adopted regulation or
regulations. Lawful uses, structures, appurtenant structures, and lots that are deemed
nonconforming are subject to the provision of this section.
Process and Decision Criteria
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City of Spokane Valley Shoreline Master Program
Decisions on projects that require review under this section shall be made
pursuant to SVMC 21.50.060 Authorization Decisions - Basis for Action and the
following criteria.
Legal nonconforming uses and structures shall be allowed to continue with no
additional requirements except as otherwise addressed in this section.
Nonconforming Uses.
a. Additional development of any property on which a nonconforming use
exists shall require that all new uses conform to the SMP.
b. Intensification or expansion of nonconforming uses that will not result in
an increase of nonconformity shall be allowed and will be processed
under these nonconforming provisions as a Type II review, pursuant to
SVMC Title 17.80 Permit Processing Procedures.
C. Change of ownership, tenancy, or management of a nonconforming use
shall not affect its nonconforming status provided that the use does not
change or intensify.
d. If a nonconforming use is converted to a conforming use, a
nonconforming use may not be resumed.
e. Conversion from one nonconforming use to another may only be
approved through a Shoreline Conditional Use Permit pursuant to SVMC
21.50.130(E) if the following additional criteria are met:
i. The property is located within a residential or conservancy
shoreline environment;
ii. The replacement use is either of a similar intensity to the previous
nonconforming use, or is more conforming with the intent of the
applicable Shoreline Environment Policies; and
iii. The impacts to the shoreline ecological functions from the existing
use are reduced by changing the use.
f. When the operation of a nonconforming use is discontinued or
abandoned for a period of 12 consecutive months, the nonconforming use
rights shall expire and the future use of such property shall meet all
current applicable regulations of the SMP.
g. If a conforming building housing a nonconforming use is damaged, the
use may be resumed at the time the building is repaired, provided a
permit application for the restoration is received by the City within 12
months following said damage.
h. Normal maintenance and repair of a structure housing a nonconforming
use may be permitted provided all work is consistent with the provisions
of the SMP.
i. Legally established residences are considered conforming uses.
Nonconforming Structures.
a. A nonconforming structure may be maintained or repaired, provided such
improvements do not increase the nonconformity of such structure and
are consistent with the remaining provisions of the SMP.
b. Alterations to legal nonconforming structures that:
i. Will result in an increase of nonconformity to the structures,
including expanding within the buffer, may be allowed under a
Shoreline Variance pursuant to SVMC 21.50.140; or
ii Do not increase the existing nonconformity and will otherwise
conform to all other provisions of SVMC 21.50 are allowed without
additional review.
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City of Spokane Valley Shoreline Master Program
C. A nonconforming structure that is moved any distance within the shoreline
jurisdiction shall be brought into conformance with the SMP.
d. A damaged nonconforming structure may be reconstructed or replaced,
regardless of the amount of damage if:
i. The rebuilt structure or portion of structure does not expand or
modify the original footprint or height of the damaged structure
unless:
(1). The expansion or modification does not increase
the degree of nonconformity with the current
regulations; and
(2). The reconstructed or restored structure will not
cause additional adverse effects to adjacent
properties or the shoreline environment;
ii. It is not relocated except to increase conformity or to increase
ecological function, in which case the structure shall be located in
the least environmentally damaging location possible;
iii. The permit application to restore the development is made within
12 months of the date the damage occurred; and
iv. Any residential structures, including multi -family structures, may
be reconstructed up to the size, placement, and density that
existed prior to the damage, so long as other provisions of the
SMP are met.
Nonconforming Lots. Legally established nonconforming, undeveloped lots
located landward of the OHWM are buildable, provided that all new structures or
additions to structures on any nonconforming lot must meet all setback, height,
and other construction requirements of the SMP and the SMA.
21.50.160 Minor Revisions to Approved Uses or Developments
A. Classification Criteria - Minor revisions to a project that have been approved under a
shoreline permit are allowed in certain circumstances.
1. Changes that are not substantive are not required to obtain a revision and may
be allowed as part of the original shoreline permit. Examples include, but are not
limited to, minor changes in facility orientation or location, minor changes in
structural design that do not change the height or increase ground floor area, and
minor accessory structures such as equipment covers or small sheds near the
main structure.
2. Substantive changes are those that materially alter the project in a manner that
relates to its conformance with the shoreline permit and SMP requirements.
Such changes may be approved as a minor revision if:
a. The sirestef determines that the proposed revision and all
previous revisions are within the scope and intent of the original shoreline
permit;
b. The use authorized with the original shoreline permit does not change;
C. The project revision does not cause additional significant adverse
environmental impacts;
d. No new structures are proposed; and
e. The criteria in SVMC 21.50.160(A)(3) are met.
3. Substantive changes shall comply with the following to be approved as a minor
revision:
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City of Spokane Valley Shoreline Master Program
a. No additional over -water construction shall be involved, except that pier,
dock, or swimming float construction may be increased by 10 percent
from the provisions of the original shoreline permit;
b. Lot coverage and height approved with the original shoreline permit may
be increased a maximum of 10 percent if the proposed revisions do not
exceed the requirements for height or lot coverage pursuant to SVMC
21.50.220 Dimensional Standards and SVMC Title 19 Zoning
Regulations; and
C. Landscaping may be added to a project without necessitating an
application for a new shoreline permit if the landscaping is consistent with
permit conditions (if any) and SVMC 21.50.
Substantive changes which cannot meet these requirements shall require a new
shoreline permit. Any additional shoreline permit shall be processed under the
applicable terms of this chapter.
Process - Requests for minor revisions to existing shoreline permits shall be processed
as a Type I review, pursuant to SVMC Title 17.80 Permit Processing Procedures.
Parties of record to the original shoreline permit shall be notified of the request for
revision, although a comment period is not required. A minor revision for a project within
shoreline jurisdiction shall follow state filing, appeal, and approval standards pursuant to
WAC 173-27-100 Revisions to Permits.
C. Decision Criteria - Decisions on minor revisions shall be pursuant to SVMC 21.50.060
Authorization Decisions — Basis for Action.
21.50.170 Enforcement
A. Enforcement of the SMP, including the provisions of SVMC 21.50, shall be pursuant to
SVMC 17.100. Nothing herein or within SVMC 17.100 shall be construed to require
enforcement of the SMP and SVMC 21.50 in a particular manner or to restrict the
discretion of the Diresto in determining how and when to enforce the SMP
and SVMC 21.50; provided all enforcement shall be consistent with the policies of the
SMP and SVMC 21.50.
Upon a determination that a violation of the SMP, including SVMC 21.50, has occurred,
no further development may be authorized unless and until compliance with any
applicable shoreline and development permit or process conditions and requirements of
SVMC 21.50 have been achieved to the satisfaction of the Direster
C. For violations affecting a critical area, the party(s) responsible for the violation and the
owner shall meet the following minimum performance standards to achieve the
restoration requirements, as applicable:
1. A restoration plan shall be prepared and address the following:
a. Restoration of historical structural and functional values, including water
quality and habitat functions;
b. Ensure that replacement soils will be viable for planting and will not create
a less fertile growing conditions;
C. Replacement of native vegetation within the critical area, and buffers with
native vegetation that replicates the vegetation historically found on the
site in species types, sizes, and densities;
Council Adopted by Ordinance No. 4-4_-4 -4L " •o•'� .-m— z' ", _"" ' Chapter 4 - Development Regulations
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City of Spokane Valley Shoreline Master Program
d. Replication of the historic functions and values at the location of the
alteration;
e. Annual performance monitoring reports demonstrating compliance with
mitigation plan requirements shall be submitted for a minimum two-year
period; and
f. As -built drawings and other information demonstrating compliance with
other applicable provisions of the SMP shall be submitted.
2. The following additional performance standards shall be met for restoration of
frequently flooded areas and geological hazards and be included in the
restoration plan:
a. The hazard shall be reduced to a level equal to, or less than, the pre -
development hazard;
b. Any risk of personal injury resulting from the alteration shall be eliminated;
and
C. The hazard area and buffers shall be replanted with native vegetation
sufficient to minimize the hazard.
3. The IDOreGt6F may, at the violator's expense, consult with a Qualified
Professional to determine if the plan meets the requirements of the SMP.
Inadequate plans shall be returned to the violator for revision and resubmittal.
Council Adopted by Ordinance No. 4-4 . -4-24 " •-• ••••'� ,�•- Y, 20i ' Chapter 4 - Development Regulations
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City of Spokane Valley Shoreline bluster Program
4.1 Shoreline Regulations
21.50.180 General provisions
A. General Regulations.
1. Regulations in SVMC 21.50.180 through 21.50.290 are in addition to the specific
use regulations in SVMC 21.50.300 through 21.50.450 and other adopted rules,
including but not limited to the Spokane Valley Municipal Code, the Spokane
Valley Comprehensive Plan, the Spokane Valley Street Standards, and the
Spokane Regional Stormwater Manual, as adopted or amended.
2. All permitted and exempt projects within the shoreline jurisdiction shall ensure
that the no net loss of ecological functions standard is met. SVMC 21.50.210 No
Net Loss and Mitigation Sequencing and SVMC 21.50.260 Shoreline Vegetation
Conservation contain appropriate methods to achieve no net loss of shoreline
ecological function. The City may also condition project dimensions, location of
project components on the site, intensity of use, screening, parking requirements,
and setbacks, as deemed appropriate.
3. All shoreline uses and modifications shall obtain all necessary permits from the
appropriate local, state, and federal agencies and shall operate in compliance
with all permit requirements.
4. Deviations from regulations may be granted through a Shoreline Variance, which
requires approval by both the City and Ecology. Shoreline modifications listed in
Table 21.50-2 as "prohibited" are not eligible for consideration as a Shoreline
Variance.
5. New projects, including the subdivision of land and related construction of single-
family residences, are prohibited when the use or development requires
structural flood hazard reduction or other structural stabilization measures within
the shoreline to support the proposed or future development.
6. When a proposal contains two or more use activities, including accessory uses,
the most restrictive use category shall apply to the entire proposal.
7. Structures, uses, and activities shall be designed and managed to minimize
blocking, reducing, or adversely interfering with the public's visual access to the
water and the shorelines from public lands which are within the shoreline
jurisdiction and excluding public roads.
8. Structures and sites shall be designed with landscaping, vegetated buffers,
exterior materials, and lighting that are aesthetically compatible with the shoreline
environment.
9. When a study is required to comply with SVMC 21.50, it shall be performed by
Qualified Professional registered in the State of Washington.
10. All clearing and grading activities shall comply with SVMC 24.50 Land Disturbing
Activities. Adherence to the following is required during project construction:
a. Materials adequate to immediately correct emergency erosion situations
shall be maintained on site;
b. All debris, overburden, and other waste materials from construction shall
be disposed of in such a manner so as to prevent their entry into a water
body. Such materials from construction shall not be stored or disposed of
on or adjacent to Shorelines of the State;
C. The shoreline buffer shall be clearly marked on the ground prior to and
during construction activities to avoid impacts to the buffer; and
d. Infrastructure used in, on, or over the water shall be constructed using
materials that do not contaminate the water or interfere with navigation.
Comicil Adopted by Ordinance No. 4-4_-4-24- "e• m` nr ", 2W ' Chapter 4 - Development Regulations
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City of Spokane Valley Shoreline Master Program
The City may consult with agencies with expertise or jurisdiction over the resources
during the review of any permit or process to assist with analysis and identification of
appropriate performance measures that adequately safeguard shoreline and critical
areas.
C. The 9ireGter may consult with a Qualified Professional to review a critical
areas report when City staff lack the resources or expertise to review these materials.
The City may require the Applicant to pay for or reimburse the City for the consultant
fees.
21.50.190 Shoreline Uses Table
A. Uses and activities are categorized within each shoreline environment as allowed,
permitted, conditional use, or prohibited, as defined in this section. This priority system
determines the applicable permit or process, administrative requirements, and allows
activities that are compatible with each shoreline designation. Procedures and criteria
for obtaining a Shoreline Substantial Development Permit, Letter of Exemption,
Shoreline Conditional Use Permit, and Shoreline Variance are set forth in SVMC
21.50.040. These uses shall also meet the requirements of SVMC Title 19 Zoning
Regulations.
The following terms shall be used in conjunction with Shoreline Use and Modification
Tables provided in SVMC 21.50.190 and SVMC 21.50.200.
Allowed Use: These are uses that are exempt from the shoreline permit review process
and do not require submittal of a Shoreline Substantial Development Permit or
Letter of Exemption application. Projects or uses shall be reviewed to ensure
that all requirements contained in SVMC 21.50 are met. Building permit
applications or site plans are the general method of review.
Permitted Use: These are uses which are preferable and meet the policies of the
particular shoreline environment designation. They require submittal of a
Shoreline Substantial Development Permit or a Letter of Exemption application.
An exemption is subject to an administrative approval process; a Shoreline
Substantial Development Permit requires public notice, comment periods, and
filing with Ecology.
Conditional Use: A Shoreline Conditional Use Permit is intended to allow for flexibility
and the exercise of judgment in the application of regulations in a manner
consistent with the policies of the SMA and the SMP.
Prohibited: These are uses which are viewed as inconsistent with the definition, policies,
or intent of the shoreline environmental designation. For the purposes of the
SMP, these uses are considered inappropriate and are not authorized under any
permit or process.
Table 21.50-1 - Shoreline Uses, below, shall be used to determine the permit or process
required for specific shoreline uses and activities within the shoreline jurisdiction.
Council Adopted by Ordinance No. 11_-NSA n..,._...r._ n 2011 Chapter 4 - Development Regulations
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City of Spokane Valley Shoreline Master Program
Table 21.50-1: Snoreline uses
9
C
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Z
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a
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SHORELINE USES
N l
w l
>
> I
a
Agricultural Activities
A uaculture
Boating Facilities (Including
launches, ramps, public/commercial
docks, and private docks serving more
than four residences)
N/A
P
C
'
Commercial Use
Water -dependent
PZ
PZ
C
Water -related and water -enjoyment
PZ
PZ
PZ
C
Non water -oriented
P2.3
Forest Practices
Industrial Use
Water -dependent
P
C
Water -related and water -enjoyment
P
Non water -oriented
P3
In -stream Structures
As part of a fish habitat
enhancement project
N/A
P
P
P
P
Other
N/A
P
P
P
Minin
Parking Facilities
Asa primary use
As an accessory/secondary use
P
P
P
C
Water -dependent
P
P
P
P
P
Water -related and water -enjoyment
P
P
P
P
P
Non water -oriented
P
P
P
C°
C
Trails and walkways
P
P
P
C5
P
Residential Use
Single-family A A A A
Single-family residential
accessory uses and structures A A A A
Wulti-familv P P P
Council Adopted by Ordinmrce No. d-F_-424 -) ,-' ". -"" ' Chapfer a - Development Regulations
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City of Spokane Valley Shoreline Master Program
Private docks serving one to four
sin le-famil residences
N/A
P
P
P
Accessory Dwelling Units
R
Transportation Facilities
New circulation routes related to
permitted shoreline activities
P
P
C
C
Expansion of existing
circulations stems
P
P
P
P
New, reconstructed, or maintenance of
bridges, trail, or rail crossings
P
P
P
P
P
Public Facilities and Utilities
Public facilities
C
C
C
C
Utilities and utility crossings
C
C
C
C
C
Routine maintenance of existing
utility corridor and infrastructure
A6
A6
A6
P7
A6
mLy: H= Hnowea r= rermlttea U= Uonoitional Use Blank= Prohibited N/A= Not
Applicable
Notes:
For Boating Facilities within the aquatic environment, the adjacent upland environment as set
forth on the City Environment Designation Map shall govern (i.e., if the aquatic environment is
adjacent to Shoreline Residential - Waterfront designated shorelines, the use would be
permitted).
2 Commercial uses are allowed in the Shoreline Residential - Upland, Shoreline Residential -
Waterfront and Urban Conservancy Environments only if the underlying zoning of the property is
Mixed Use Center.
3 Permitted only if the applicable criteria in SVMC 21.50.320(B)(1) or 21.50.330(B)(1) are met.
"Non water -oriented recreation uses are prohibited in Urban Conservation - High Quality
Shorelines except limited public uses that have minimal or low impact on shoreline ecological
functions, such as the Centennial Trail and appropriately -scaled day use areas which may be
allowed through a Conditional Use Permit.
5 Modifications, improvements, or additions to the Centennial Trail are permitted in the Urban
Conservancy - High Quality Environment.
6 A Letter of Exemption is required if the maintenance activity involves any ground disturbing
activity.
7A Letter of Exemption is required.
21.50.200 Shoreline Modification Activities Table
Table 21.50-2, Shoreline Modification Activities, below, shall be used to determine whether a
specific shoreline modification is allowed in a shoreline environment. Shoreline modifications may
be permitted, approved as a conditional use, or prohibited, pursuant to SVMC 21.50.190.
Shoreline modifications shall also meet the requirements of SVMC Title 19 Zoning Regulations.
Council Adopted by Ordinance No. 44_-4-24- n..,......r�a� ;e --.,. n 20 , ; Chapter -1 - Development Regulations
Page 19 of 76
Commented [AC6]: Gap Analysis, Table 3-1, N1
City of Spokane Valley Shoreline Master Program
Tnhle 91 5r1_2• Rhnreline Modification Activities
f6
R
T
>+
tr
f' T
Y_
O
C
C
N
U
UU'
L
U
i+
SHORELINE MODIFICATION
r j
M
t
M
lC
=
M
Q
ACTIVITY
N I
rn I
>
> I
a
Shoreline/Slope Stabilization
Structural, such as bulkheads
P
P
Nonstructural, such as soil
bioen ineerin
P
P
P
'
Piers and Docks
Piers
N/A
P
C
Viewinq Platforms
P
P
P
Docks
N/A
P
C
'
Dredging and Fill
Dredging
C
C
C
C
Fill
C
C
C
C
Shoreline Habitat and Natural
Systems Enhancement Projects
P
P
P
P
P
Groins and Weirs
N/A
C
C
Cr
KEY: P= Permitted G= uondltlonal use t ianK= I-'ronwitea IvtA= Noi,vppllcaDle
' For these uses within the aquatic environment, the adjacent upland environment as set forth
on the Environment Designation Map shall govern (i.e., if the aquatic environment is adjacent to
Shoreline Residential - Waterfront designated shorelines, "hard" shoreline stabilization
measures would be allowed by Shoreline Substantial Development Permit).
21.50.210 No Net Loss and Mitigation Sequencing
A. Applicability. This section applies to all shoreline activities, uses, development, and
modifications, including those that are exempt from a Shoreline Substantial
Development Permit.
Standards.
1. All projects shall result in no net loss of shoreline ecological functions. The
requirement for no net loss may be met through project design, construction, and
operations. Additionally, this standard may be achieved by following the
mitigation sequencing pursuant to SVMC 21.50.210(B)(4) and SVMC 21.50.260
Shoreline Vegetation Conservation. The City may condition project dimensions,
location of project components on the site, intensity of use, screening, parking
requirements, and setbacks, as deemed appropriate to achieve no net loss of
shoreline ecological function.
2. Required mitigation shall not exceed the level necessary to ensure that the
proposed use or development will ensure no net loss of shoreline ecological
functions.
Council Adopted by Ordinance No. 44 Chapter 4 - Development Regulations
Page 20 of76
City of Spokane Valley Shoreline Master Program
3. Mitigation sequencing pursuant to SVMC 21.50.210(B)(4) is required when
specified in these regulations or for projects that:
a. Involve shoreline modifications;
b. Request a buffer or setback reduction pursuant to SVMC 21.50.230
Shoreline Buffers and Building Setbacks;
C. Are located within a wetland or its buffer; or
d. Will have significant probable adverse environmental impacts that must
be avoided or mitigated.
4. Mitigation measures shall be applied in the following order:
a. Avoid the impact altogether by not taking a certain action or parts of an
action;
b. Minimize impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology;
C. Rectify the impact by repairing, rehabilitating, or restoring the affected
environment;
d. Reduce or eliminate the impact over time by preservation and
maintenance operations;
e. Compensate for the impact by replacing, enhancing, or providing
substitute resources or environments; and
f. Monitor the impact and the compensation projects and take appropriate
corrective measures, as needed.
21.50.220 Height Limit Standards
A. Applicability. This section applies to all new or redeveloped primary and residential
accessory structures.
B. Standards.
1. The maximum height limit for all new or redeveloped primary structures shall be
35 feet.
2. The maximum height limit for single-family residential accessory or appurtenant
structures shall be 25 feet.
3. These height limit standards may be altered through a Shoreline Variance
pursuant to SVMC 21.50.140.
21.50.230 Shoreline Buffers and Building Setbacks
A. Applicability. This section applies to all new construction, new and expanded uses, and
modifications. Shoreline buffers are shown on the City Shoreline Buffer Map in
Appendix A-2 Shoreline Buffers.
B. Standards.
1. Unless otherwise specified in SVMC 21.50, buffers shall be maintained in
predominantly natural, undisturbed, undeveloped, and vegetated condition.
2. The shoreline buffer shall be clearly marked on the ground prior to and during
construction activities to avoid impacts to the buffer.
3. Shoreline buffers for new and expanded uses may be reduced up to 25 percent
by the DreGter if the buffer widths have not been reduced or
modified by any other prior action and one or more of the following conditions
apply:
a. Adherence of the buffer width would not allow reasonable use;
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City of Spokane Valley Shoreline Master Program
b. The buffer contains variations in sensitivity to ecological impacts due to
existing physical characteristics; i.e. the buffer varies in slope, soils, or
vegetation. This shall be supported by a Habitat Management Plan
developed in conformance with SVMC 21.50.540(- €)(_2) or
C. Where shoreline restoration is proposed consistent with the City's
Restoration Plan.
Building Setback from the shoreline buffer shall be as shown in Table 21.50-3:
Tahle 21.50-3 Buffer Ruildina Setbacks
Environment
Urban
Urban
Shoreline
Shoreline
Conservancy
Conservancy —
Residential -
Residential -
High Quality
Upland
Waterfront
Setback
10 foot
15 foot
0 foot'
0 foot'
' A 15-foot building setback trom the shoreline butter shall be required Tor any
subdivision, binding site plan, or planned residential development in the
Shoreline Residential — Upland and Shoreline Residential — Waterfront
designations.
Front, rear, and side setbacks and lot coverage shall conform to the
SVMC Title 19, Zoning Regulations.
21.50.240 Flood Hazard Reduction
A. Applicability. This section applies to development proposals:
1. Intended to reduce flood damage or hazard;
2. To construct temporary or permanent shoreline modifications or structures within
the regulated floodplains or floodways; or
3. That may increase flood hazards.
Standards.
1. All proposals shall conform to SVMC 21.30 Floodplain Regulation, SVMC
21.50.340, In -stream Structures and SVMC 21.50.410 Shoreline Modifications.
2. The following uses and activities may be allowed within the floodplain or
floodway:
a. Actions or projects that protect or restore the ecosystem -wide processes
and/or ecological functions;
b. New bridges, utility lines, and other public utility and transportation
structures, with appropriate mitigation, where no other feasible alternative
exists;
C. Repair and maintenance of an existing legal structure, utility corridor, or
transportation structure, provided that such actions do not increase flood
hazards to other uses;
d. Modifications, expansions, or additions to an existing legal use; and
e. Measures to reduce shoreline erosion.
3. Natural in -stream features such as snags, uprooted trees, or stumps shall be left
in place unless an engineered assessment demonstrates that they are causing
bank erosion or higher flood stages.
21.50.250 Public Access
Council Adopted by Ordinance No. ?-t_ N?N- Peeember °. -"" '__Chapter 4 - Development Regulations
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City of Spokane Valley Shoreline Master Program
A. Applicability. This section applies to all new projects by public and private entities.
Standards.
1. Public access shall be consistent with the City's SMP Public Access Plan.
2. Public access may only be required as a condition of approval of a Shoreline
Substantial Development Permit or Conditional Use Permit to the extent allowed
by law and in a manner consistent with the City's Public Access Plan, and only in
the following circumstances:
a. The use or development is a public project; or
b. The project is a private use or development and one of the following
conditions exists:
i. The project impacts, interferes with, blocks, discourages, or
eliminates existing access;
ii. The project increases or creates demand for public access that is
not met by existing opportunities or facilities; or
iii. The project impacts or interferes with public use of waters subject
to the Public Trust Doctrine.
3. Public access shall not be required for activities qualifying for a letter of
exemption or new single-family residential development of four or fewer units.
4. All developments, including shoreline permits or letter of exemption applications,
which require or propose public access shall include a narrative that identifies:
a. Impacts to existing access, including encroachment, increased traffic, and
added populations;
b. The access needs of the development consistent with those described for
similar projects in the Public Access Plan, Section Four; and
C. The proposed location, type, and size of the public access.
5. When public access is required pursuant to SVMC 21.50.250(B)(2)(b), the City
shall impose permit conditions requiring public access that are roughly
proportional to the impacts caused or the demand created by the proposed use
or development.
6. Prior to requiring public access as a condition of approval of any shoreline permit
or letter of exemption pursuant to SVMC 21.50.250(B)(2)(b), the Difeetef_
shall determine and make written findings of fact stating that the use or
development satisfies any of the conditions in SVMC 21.50.250(B)(2)(b) and that
any public access required is roughly proportional to the impacts caused or the
demand created by the proposed use or development.
7. When public access is required or proposed, the following shall apply:
a. Mitigation sequencing shall be required to mitigate adverse impacts
resulting from the public access.
b. Visual access to the shoreline may be established if any vegetation
removal is pursuant to SVMC 21.50.260 Shoreline Vegetation
Conservation.
C. Public access sites shall be connected to the nearest public street or
other public access point.
d. Future trails on private property, including trail extensions and new
access points, shall incorporate enhancement and restoration measures
and be contained within a recorded easement.
e. Required public access sites shall be fully developed and available for
public use at the time of occupancy or use of the project or activity.
Council Adopled by Ordinance No. 4-4 N-_'-F-_ net. e ..ram heF ---, n ,n r Chapter -I - Development Regulations
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City of Spokane Valley Shoreline Mlaster Program
Public and private entities may establish user regulations, including hours
of operation, usage by animals or motorized vehicles, and prohibited
activities, such as camping, open fires, or skateboarding. Such
restrictions may be approved by the IOifestGF as part of the
permit review process.
Public access improvements shall include provisions for disabled and
physically impaired persons where reasonably feasible.
Signage associated with public access shall be pursuant to SVMC
21.50.380 Signs and Outdoor Lighting, and SVMC 22.110 Sign
Regulations.
21.50.260 Shoreline Vegetation Conservation
A. Applicability. Vegetation conservation measures are required for all projects that
propose vegetation removal.
Standards.
1. A vegetation management plan shall be submitted for projects that propose to
remove either of the following within the shoreline jurisdiction:
a. One or more mature native trees greater than 12 inches in diameter at
chest height; or
More than 10 square feet of native shrubs and/or native ground cover at
any one time by clearing, grading, cutting, burning, chemical means, or
other activities.
When required, a vegetation management plan shall contain the following:
a. A site plan showing:
i. The distribution of existing plant communities in the area proposed
for clearing and/or grading;
ii. Areas to be preserved;
iii. Areas to be cleared; and
iv. Trees to be removed.
b. A description of the vegetative condition of the site that addresses the
following:
i. Plant species;
ii. Plant density;
iii. Any natural or man-made disturbances;
iv. Overhanging vegetation;
V. The functions served by the existing plant community (e.g., fish
and wildlife habitat values, slope stabilization); and
vi. The presence and distribution of noxious weeds.
C. A landscape plan showing:
i. Proposed landscaping, including the species, distribution, and
density of plants; the plan should be pursuant to SVMC
21.50.260(B)(3)(b), if applicable; and
ii. Any pathways or non -vegetated portions, and the materials
proposed.
Projects that propose to remove native vegetation within a shoreline buffer shall
meet the following standards:
a. The Applicant must demonstrate to the t3ireste. s
satisfaction that the proposed vegetation removal is consistent with
Council Adopied by Ordinance No. 44-424- """""'' -r" ", -"' � '__Chapter 4 - Development Regulations
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city ojSpokane Valley Shoreline Master Program
SVMC 21.50.210 No Net Loss and Mitigation Sequencing, and that
avoidance is not feasible;
b. Vegetation shall be replaced per the following:
i. 1:1 area ratio for herbaceous vegetation;
ii. 2:1 stem ratio for shrubs and saplings; and
iii. 3:1 ratio for trees greater than 12 inches diameter at breast height
or 2:1 ratio if tree stock is five years old or greater. For native
trees greater than 16 inches diameter at breast height,
replacement tree stock shall be at least five years old;
C. All removed native plants shall be replaced with native vegetation;
removed ornamental plants may be replaced with similar species;
d. Applicant shall submit a vegetation management plan consistent with
SVMC 21.50.260(B)(2) that demonstrates compliance with the standards
of SVMC 21.50.260(B)(3); and
e. Projects that propose a pathway or trail in the shoreline buffer shall meet
the additional following standards:
i. Pathways and trails that are roughly parallel to the OHWM may be
allowed if:
(1) It is a public non -motorized multi -use equestrian or
pedestrian/bike trail;
(2) It is located at the landward edge of the shoreline buffer
with the following exceptions:
(a) When physical constraints, public safety concerns,
or public ownership limitations merit otherwise; or
(b) When the trail will make use of an existing
constructed grade such as those formed by an
abandoned rail grade, road, or utility.
ii. Pathways, trails, and river crossings that are perpendicular to the
water, and lead to the OHWM, shall be sited in a location that has
the least impact to shoreline ecological functions with mitigation
sequencing pursuant to SVMC 21.50.210. Previously altered or
disturbed locations shall be preferred.
iii. All pathways and trails shall be located, constructed, and
maintained so as to avoid, to the maximum extent possible,
removal and other impacts to perennial native vegetation,
including trees, standing snags, forbs, grasses, and shrubs,
consistent with the vegetation management plan.
iv. Alternatives to impervious paving should be considered and are
encouraged.
V. Total trail width, inclusive of shoulders, shall be the minimum
width necessary to achieve the intended use and shall not exceed
14 feet.
vi. Disturbed areas (outside of the designated trail and trail
shoulders) shall be re -vegetated with native vegetation consistent
with the vegetation management plan.
vii. Public, non -motorized multi -use equestrian pedestrian/bike trails
shall only be allowed in the shoreline buffer for the Urban
Conservancy -High Quality environment designation to connect to
or from (in phases or otherwise) an existing regional multi -use
non -motorized trail and only pursuant to SVMC 21.50.260(B).
Coatncil Adopted by Ordinance No. 4-F -4-24- n .,...... ram„._ ,n r Chapter 4 - Development Regulations
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viii. Encroachments in the buffer allowed by the exceptions listed
above shall be the minimum necessary to provide for the
permitted use.
A performance surety may be required as a condition of shoreline permit
approval to ensure compliance with the SMP. The performance surety shall be
substantially in the same form and for the same coverage as provided for in the
City's Street Standards as adopted or amended.
Projects that require a critical areas report pursuant to SVMC 21.50.490 shall
incorporate any specific vegetation conservation measures identified in the
critical areas reports for the identified critical areas. Any application of
pesticides, herbicides, fertilizers, or other chemicals proposed in conjunction with
the vegetation removal or management activities shall be addressed by the
report.
Minor vegetation conservation activities allowed without a shoreline permit or letter of
exemption.
1. Pruning and thinning of trees or vegetation on public or private land for
maintenance, safety, forest health, and view protection if the criteria listed below
are met:
a. No native vegetation is removed, including thinning;
b. Pruning of native vegetation shall not exceed 30 percent of a tree's limbs.
Tree topping shall not occur;
C. Native shrubs shall not be pruned to a height less than six feet;
d. Pruning any vegetation waterward of the OHWM is prohibited; and
e. Pruning of any vegetation and thinning activities associated with non-
native plants shall ensure the continued survival of vegetation.
Whenever possible, pruning and thinning activities conducted to maintain or
create views shall be limited to areas dominated with non-native vegetation and
invasive species. Pruning and thinning on public land to establish a view for
adjacent properties shall be prohibited unless written approval from the
Washington State Parks Riverside Area Manager is given.
2. Pruning and thinning within a utility corridor by the utility service provider of both
native and non-native trees and vegetation shall be allowed when the following
criteria are met:
a. Reasonable measures to reduce the adverse effects of the activity are
implemented; and
b. No net loss of buffer functions and values occur.
3. Dead or hazardous trees within the shoreline buffer that pose a threat to public
safety or a risk of damage to private or public property may be removed if a letter
from a certified arborist or Qualified Professional is submitted that confirms the
tree is dead or is hazardous and includes:
a. Removal techniques;
b. Procedures for protecting the surrounding area; and
C. Replacement of native trees, if applicable. Where possible, hazard trees
within the shoreline buffer shall be turned into snags.
21.50.270 Water Quality, Stormwater, and Non -Point Pollution
A. Applicability. This section applies to all projects that add any pollution -generating
impervious surfaces. This standard supersedes the regulatory threshold specified in the
Council Adopted Gy Ordinance No. --F_-lam_ " H• ` -". _"" ' Chapter 4 - Development Regulations
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Spokane Regional Stormwater Manual, which is applicable outside the shoreline
jurisdiction.
Regulations.
1. All activities shall comply with the SVMC 22.150 Stormwater Management
Regulations, the Environmental Protection Agency's Underground Injection
Control program, the Eastern Washington Phase II Municipal Stormwater Permit
requirements, applicable total maximum daily loads laws and regulations, and
other water cleanup plans.
2. Use of chemicals for commercial or industrial activities shall be pursuant to
SVMC 21.50.530(C).
3. Herbicides, fungicides, fertilizers, and pesticides shall not be applied within 25
feet of a water body, except by a Qualified Professional in accordance with state
and federal laws.
21.50.280 Archaeological and Historic Resources
A. Applicability. This section applies to:
1. Projects with archaeological and historic resources on site that are either
recorded at the Washington State Department of Archeology and Historic
Preservation (DAHP), or Spokane County;
2. Projects where archaeological and historical resources have been inadvertently
uncovered; or
3. Permit applications that contain a ground -disturbing component.
B. Standards.
1. Archaeological sites are subject to chapter 27.44 RCW Indian Graves and
Records and chapter 27.53 RCW Archaeological Sites and Records.
Development or uses that may impact such sites shall comply with WAC 25-48
as well as the regulations of this section.
2. A cultural resources site survey or assessment prepared by a Qualified
Professional is required for all shoreline permit applications that contain a
ground -disturbing component if the proposal meets the criteria below, which may
be determined through review of Spokane County and/or DAHP resources:
a. The project is on property known to contain archaeological, historic, or
cultural resources; or
b. The project is in an area mapped as having the potential for the presence
of archaeological, historic, or cultural resources.
3. When required, the cultural resources site survey or assessment shall:
a. Use standard procedures and methods to assess the potential for
presence of archaeological, historic, or cultural resources that could be
impacted by the project;
b. Provide appropriate recommendations for protecting and preserving the
archaeological, historical, or cultural resources;
C. Make an inventory of buildings or structures over 50 years in age located
within the project area in a DAHP Historic Property Inventory Database
entry; and
d. Record archaeological sites located within the project area on DAHP
Archaeological Site Inventory Forms.
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When required, the cultural resources site survey or assessment shall be
circulated to DAHP and affected tribe(s). The Direster shall
consider comments from DAHP and affected tribe(s) prior to approval of the
survey or assessment. Based on the cultural resources site survey or
assessment, the application may be conditioned to ensure that such resources
are protected.
If archaeological, historic, or cultural resources are inadvertently discovered or
uncovered during excavation, the Applicant shall immediately stop work on that
portion of the project site and notify the City. The Applicant may be required to
prepare a cultural resources site survey or assessment pursuant to SVMC
21.50.280(B)(3), after coordinating with DAHP.
21.50.290 Gravel Pits
A. Applicability. This section applies to existing and active gravel pit operations including
but not limited to known gravel pits located at 2010 North Sullivan Road and 220 North
Thierman Road.
B. Standards. Active gravel pits are not regulated as Shorelines of the State until
reclamation is complete and the Washington State Department of Natural Resources
terminates the Surface Mine Reclamation Permit. Proposed subsequent use of mined
property shall be consistent with the provisions of the Urban Conservancy Environment
unless a different environmental designation is established through an amendment
pursuant to WAC 173-26-201.
21.50.300 Specific Shoreline Use Regulations
Applicability. The regulations in SVMC 21.50.300 through 21.50.450 apply to specific common
uses and types of development to the extent they occur within the shoreline jurisdiction.
21.50.310 Boating Facilities
A. Applicability. This section applies to new and existing boating facilities.
Standards.
1. Boating facilities shall:
a. Be allowed only for water -dependent uses or for public access;
b. Be limited to the minimum size and height necessary to achieve the
intended purpose of the facility; and
C. Incorporate measures for cleanup of accidental spills of contaminants.
2. Public boating facilities shall be located only at sites identified in the Public
Access Plan.
3. All new boating facilities shall incorporate public access when required by the
Public Access Plan and SVMC 21.50.250 herein.
4. New launch ramps shall be approved only if public access is provided to public
waters which are not adequately served by existing access facilities because of
location or capacity. Documentation of need shall be required from the Applicant
prior to approval pursuant to SVMC 21.50.250 Public Access.
5. Existing boating facilities may be maintained and repaired pursuant to SVMC
21.50, provided the size is not increased.
6. In addition to the regulations above, boating facilities shall comply with SVMC
21.50.320 Commercial Use, SMVC 21.50.360 Recreational Development and
Use, and SVMC 21.50.430 Piers and Docks, as applicable.
Council Adopted by Ordinance No. ! F_-(AFL_ ^ ". "' ` ' Cliapier a - Development Regulations
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21.50.320 Commercial Use
A. Applicability. This section applies to all commercial uses.
Standards.
1. New non water -oriented commercial uses shall be prohibited, except within the
Urban Conservancy Environment, where such uses may be permitted if:
a. The use is part of a mixed -use project that includes water -dependent
uses; and
b. Provides a significant public benefit, such as public access or ecological
restoration; or
The site is physically separated from the shoreline by another parcel or
public right-of-way.
2. New commercial uses shall comply with the following criteria:
a. Windows, breezeways, and common areas should be oriented towards
the shoreline or recreational amenities on the site;
b. Buildings should provide at least one main entry that orients toward the
shoreline, not including a service entry;
C. Architectural features that reduce scale shall be incorporated, such as
pitched roofs, offsets, angled facets, and recesses;
d. Building surfaces on or adjacent to the water shall employ materials that
minimize reflected light;
e. Building mechanical equipment, noise generating systems, vents, utility
cabinets, and small scale service elements shall be incorporated into
building architectural features, such as pitched roofs. Where it is not
possible to incorporate into architectural features, a landscaping screen
consistent with SVMC 22.70.030(C) shall be utilized;
f. Screening and buffering, or other visual screen consistent with the
building exterior material and colors, shall be provided that conceals view
of such equipment from the shoreline;
g. Commercial uses shall be screened from any adjacent residential uses by
providing a Type I -Full Screening Buffer pursuant to SVMC 22.70
Fencing, Screening, and Landscaping;
h. Landscaping within the shoreline setback area shall incorporate native
plant materials;
i. Loading docks and maintenance facilities shall be located away from the
shoreline to minimize visual, noise, or physical impacts on the site, street,
adjacent public open spaces, and adjacent properties; and
j. A site plan and landscaping plan shall be submitted showing all the
applicable items listed in SVMC 21.50.320(B)(2).
3. Commercial wireless communication facilities shall not be allowed within the
shoreline jurisdiction.
4. Home occupations shall be allowed within the Shoreline Residential - Upland and
Shoreline Residential - Waterfront designations pursuant to SVMC 19.40.140
Home Occupations.
21.50.330 Industrial Use
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A. Applicability. This section applies to all new Industrial uses, including uses involved in
processing, manufacturing, assembly, and storage of finished or semi -finished goods
and food products.
B. Standards.
1. New non water -oriented industrial uses shall be prohibited, except within the
Urban Conservancy Environment, where such uses may be permitted if the use
is part of a mixed -use project that includes water -dependent use and:
a. Provides a significant public benefit such as providing public access and
ecological restoration; or
b. The site is physically separated from the shoreline by another parcel or
public right-of-way.
2. Industrial development shall be located, designed, constructed, and operated to
avoid visual impacts to users of the Spokane River and Centennial Trail.
3. New industrial uses shall comply with the requirements of SVMC 21.50.320(B)(2)
and (3).
4. Noise associated with operations or equipment, including volume, repetitive
sound, or beat, shall be muffled or otherwise controlled so that it is not audible at
a distance over 30 feet from the landward boundary of a buffer.
21.50.340 In -Stream Structures
A. Applicability. This section applies to all projects proposing in -stream structures.
B. Standards.
1. In -stream structures shall conform with the requirements of the U.S. Army Corps
of Engineers, WDFW, SVMC 21.50.240 Flood Hazard Reduction, SVMC
21.50.270 Water Quality, Stormwater and Non -Point Pollution, SVMC 21.50.410
General Regulations for Specific Shoreline Modifications, and any other
applicable federal, state, and local requirements.
2. In -stream structures shall provide for the protection and preservation of
ecosystem -wide processes, ecological functions, and cultural resources pursuant
to WAC 173-26-241(3)(g).
21.50.350 Parking Facilities
A. Applicability. This section applies to all new parking facilities.
B. Regulations.
1. A parking facility is permitted only if:
a. It directly serves a permitted shoreline use, including the Centennial Trail,
direct river access, and use areas; and
b. It is not the primary use; for example, it cannot be a stand-alone parking
facility.
2. Parking facilities serving individual buildings within the shoreline jurisdiction shall
be located:
a. Landward from the principal building being served; or
b. Within or beneath a structure.
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Parking facilities shall be screened from the shoreline and less intense adjacent
land uses by providing a Type I - Full Screening Buffer pursuant to SVMC
22.70.030(B) Fencing, Screening, and Landscaping. A majority of the plant
materials proposed to meet the vegetation mix requirements shall be native
plants.
Parking shall be pursuant to SVMC 22.50 Off -Street Parking and Loading
Standards.
Private projects, excluding single-family residential projects, which include public
access features shall dedicate parking stalls for public use that are in addition to
the number of parking stalls necessary to serve the proposed development
pursuant to SVMC 22.50 Off -Street Parking and Loading Standards:
a. Projects shall provide and dedicate additional parking for public use.
Applicants shall either use a presumptive standard of one additional
space for public parking for every 25 parking spaces required to serve the
proposed development or provide an assessment of public access need
which supports a different ratio. Any proposal to change from this
presumptive standard shall be approved by the t3ifestef
which approval shall be based upon the unique factual circumstances of
the development and surrounding shoreline uses;
b. Spaces that are dedicated for public use shall be marked with appropriate
signage; and
C. Stalls dedicated for public use shall be near the public access point.
21.50.360 Recreational Development and Use
A. Applicability. This section applies to public and commercial shoreline recreational
facilities and uses, including but not limited to trails, viewing platforms, swimming areas,
boating facilities, docks, and piers.
Standards.
1. Non water -oriented recreation uses are prohibited in Urban Conservation - High
Quality Shorelines except limited public uses that have minimal or low impact on
shoreline ecological functions, such as the Centennial Trail and appropriately -
scaled day use areas.
2. Water -oriented recreational structures, limited to boat launches, ramps, public
docks or piers, commercial docks or piers, and private docks serving more than
four residences may be allowed waterward of the shoreline buffer and setback.
3. Water -oriented recreational structures, limited to access routes, boat and
equipment storage, viewing platforms, amenities such as benches, picnic tables
and similar facilities for water enjoyment uses, including those related to the
Centennial Trail shall be allowed within the shoreline buffer and setback area
provided:
a. Structures are located outside of an Urban Conservancy - High Quality
area;
b. Structures are not located in, on, or over water; and
C. Structure height limit is less than 15 feet.
4. All recreational development shall provide:
a. Non -motorized and pedestrian access to the shoreline pursuant to SVMC
21.50.250 Public Access;
b. Landscaping, fencing, or signage designed to prevent trespassing onto
adjacent properties;
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C. Signs indicating public right of access to shoreline areas, installed and
maintained in conspicuous locations at the point of access and the
entrance; and
d. Buffering of such development and uses from incompatible adjacent land
uses pursuant to SVMC 22.70.030 Screening and Buffering, and Table
22.70-2 - Buffers Required by Type, as applicable.
Recreational development and uses shall be pursuant to SVMC 21.50.310
Boating Facilities, SVMC 21.50.320 Commercial Use, and SVMC 21.50.430
Piers and Docks, as applicable.
21.50.370 Residential Development and Use
A. Applicability.
1. This section applies to single-family and multi -family structures, lots, and parcels.
2. Residential uses also include `` accessoryuses_ _ , - Commented [AC7]: Gap Analysis, Table 3-1, N3
and structures normally associated with residential uses including, but not limited
to, garages, sheds, decks, driveways, fences, swimming pools, hot tubs, saunas,
and tennis courts.
3. Clearing, grading, and utilities work associated with residential use are subject to
the regulations established for those activities.
Standards.
1. A Shoreline Substantial Development Permit is not required for construction by
an owner, lessee, or contract purchaser of a single-family residence, provided,
any such construction of a single-family residence and all accessory structures
meet the requirements of the SMP.
2. Residential development, including single-family structures, shall be required to
control erosion during construction. Removal of vegetation shall be minimized
and any areas disturbed shall be restored to prevent erosion and other impacts
to shoreline ecological functions pursuant to SVMC 21.50.260.
3. New residential development, including accessory uses and structures, shall be
sited in a manner to avoid the need for structural improvements that protect such
structures and uses from steep slopes and shorelines vulnerable to erosion,
including bluff walls and other stabilization structures.
4. New over -water residences and floating homes are prohibited.
5. New single-family residential accessory structures, excluding accessory dwelling
units, may be located waterward of the shoreline setback provided that all of the
following criteria are met:
a. The combined building footprint of all accessory structures does not
exceed 10 percent of the lot area;
b. Structures are located outside of critical areas, their associated buffers,
and the shoreline buffer; and
C. Structures are set no closer than five feet to any side or rear property line.
6. New attached or detached accessory dwelling units shall:
a. Be located landward of the shoreline buffer and outside of all critical
areas and their buffers;
b. Be pursuant to SVMC 19.40.100 Accessory Dwelling Unit mad
Ip. nObtaiR a Shoreline C ti t-. t' I DevelGpment Permit - Commented [AC8]: Gap Analysis, Table 3-1, N1
7. New residential developments of four or more lots shall comply with the following
requirements:
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a. The shoreline buffer shall be shown on the plat and permanently marked
on the ground with methods approved by the Direetef
b. A site plan shall be provided in conjunction with the building permit
application showing the project elements described in SVMC
21.50.370(B)(3); and
C. Provide a project narrative describing how the project elements are being
met.
8. Exterior lighting associated with single-family residences, such as pathway
lighting and lighting directed at landscaping features, is permitted within the
setback area so long as it is directed away from the shoreline.
9. Recorded plats shall include language that states that pursuant to SVMC
21.50.230, use and development within the defined shoreline buffer area is
prohibited. Title notices shall be recorded with each newly created parcel with
the restrictive language.
10. New fences shall meet the requirements of SVMC 22.70 Fencing, Screening and
Landscaping.
11. Fences are prohibited in the following areas:
a. Shoreline buffers;
b. Critical areas; and
c. Waterward of the OHWM.
21.50.380 Signs and Outdoor Lighting
A. Applicability. This section applies to any commercial, industrial, or advertising sign
directing attention to a business, professional service, community site, facility, or
entertainment conducted or sold, and all outdoor lighting, except those associated with
residential use and public street lighting.
B. Standards.
1. All signs shall comply with SVMC 22.110 Sign Regulations; variances from these
regulations may be granted pursuant to SVMC 21.50.140 Shoreline Variances.
2. Signage, including kiosks and directional signage to commercial uses or
recreation areas, related to, or along, the Centennial Trail, is allowed without a
Shoreline Substantial Development Permit provided:
a. Signage is consistent with the SMP, the City's Parks and Recreation
Master Plan, and any applicable master plan of Washington State Parks;
and
b. Signage proposed within a buffer area shall not:
i. Exceed 15 square feet in area;
ii. Exceed six feet in height;
iii. Be illuminated unless warranted by safety factors; and
iv. A building permit is obtained, if required.
Outdoor lighting shall comply with SVMC 22.60 Outdoor Lighting Standards.
New permanent outdoor lighting is prohibited within the shoreline buffer.
Pedestrian -oriented lighting along walkways and paths shall be allowed within
the shoreline setback area if:
a. The purpose of the light is safety;
b. Lighting structure height is not greater than 12 feet; and
C. Lighting fixtures are downward directed and fully shielded.
All outdoor lighting shall be oriented away from the shoreline and adjacent uses
using directional lighting or shielding.
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21.50.390 Transportation Facilities
A. Applicability. This section applies to structures and developments that aid in land, air,
and water surface movement of people, goods, and services. They include roads and
highways, bridges, bikeways, heliports, rail, and other related facilities. Trails are
addressed in SVMC 21.50.250 Public Access.
Standards.
1. New road and bridge construction and expansion of existing roads and bridges
shall only be located within the shoreline jurisdiction upon approval by the
13iresteF when deemed necessary for the good of the community, or
when deemed related to, and necessary to support permitted shoreline activities.
2. When allowed, transportation facilities shall be:
a. Consistent with an approved private project or applicable City plans,
including the City's Transportation Improvement Plan, Public Access Plan
and Restoration Plan;
b. Located on the landward side of existing structures or uses; and
C. Be designed to minimize clearing, grading, and alteration of natural
features. Roadway and driveway alignment should follow natural
contours and minimize width.
3. To the extent consistent with federal jurisdiction, new rail lines and corridors or
expansion of existing rail lines and corridors shall be allowed only for the purpose
of connecting to existing rail lines or rights -of -way. New rail lines, including
bridges, shall be constructed within existing rail corridors or rights -of -way.
4. To the extent consistent with federal jurisdiction, new rail lines shall be
constructed so that they do not compromise the public's ability to access the
shoreline safely.
21.50.400 Public Facilities and Utilities
A. Applicability. This section applies to all public facilities and utilities. This section does
not apply to on -site utility features serving a primary use, such as water, sewer, or gas
lines to a development or residence. These utility features are considered "service
utilities" and shall be considered part of the primary use.
Regulations.
1. New public facilities and utilities may only be allowed pursuant to Shoreline
Conditional Use permit and if they meet the following conditions:
a. Address conflicts with present and planned land and shoreline uses
through site design or configuration, buffers, aesthetics, or other methods;
and
b. Identify the need to site within shoreline jurisdiction and why it is not
possible to locate outside of the shoreline jurisdiction.
2. New wastewater and stormwater outfalls shall not be allowed.
3. Routine maintenance, replacement, and minor upgrades of existing utilities shall
be allowed; provided that if the activity involves ground disturbance or is located
in the Urban Conservancy - High Quality Environment, then such maintenance,
replacement, and minor upgrades shall only be allowed by Letter of Exemption.
If existing high -quality vegetated areas, as noted in the Shoreline Inventory and
Analysis, are disturbed by maintenance activities in Urban Conservancy - High
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Quality designated shorelines, mitigation pursuant to SVMC 21.50.210 No Net
Loss and Mitigation Sequencing, shall be required.
4. Transmission facilities for the conveyance of services, such as power lines,
cables, and pipelines, should be located outside of the shoreline jurisdiction.
5. New utility corridors shall be prohibited within the Urban Conservation — High
Quality Environment.
6. New over -water utility crossings are allowed within existing utility corridors.
7. New or expanded service utilities shall:
a. Be located underground, unless placement underground results in more
damage to the shoreline area;
b. Utilize low impact, low profile design, and construction methods; and
C. Restore any areas disturbed to pre -project configurations, replant with
native species, and maintain until the newly planted area is established.
8. Stormwater pipe systems shall not be allowed within the shoreline buffer.
21.50.410 General Regulations for Specific Shoreline Modifications
A. Applicability. SVMC 21.50.410 through 21.50.450 apply to all shoreline modifications.
Shoreline modification activities are structures, including in -stream structures, or actions
that modify the physical configuration or qualities of the shoreline area.
B. General shoreline modification standards.
1. All shoreline modification applications shall also comply with:
a. SVMC 21.30 Floodplain Regulations;
b. SVMC 24.50 Land Disturbing Activities; and
C. Integrated Streambank Protection Guidelines (WDFW, Ecology and
Transportation, 2003 as adopted or amended).
2. All shoreline modification activities shall ensure that the no net loss of ecological
function standard is met.
3. Structural shoreline modifications within the regulated floodplain, geologically
hazardous areas, and in -stream shall only be allowed where it can be
demonstrated that nonstructural measures are not feasible or the proposed
activities are necessary to:
a. Support or protect a legally existing shoreline use or primary structure
that is in danger of loss or substantial damage;
b. Reconfigure the shoreline or channel bed for an allowed water -dependent
use; or
C. Provide for shoreline mitigation or enhancement purposes.
4. All shoreline modifications within the regulated floodplain and in -stream, with the
exception of docks proposed on the Spokane River that are located west of the
City of Millwood, shall provide the following:
a. Site suitability analysis that justifies the proposed structure;
b. A Habitat Management Plan prepared by a Qualified Professional that
describes:
i. The anticipated effects of the project on fish and wildlife habitat
and migration areas;
ii. Provisions for protecting in -stream resources during construction
and operation; and
iii. Measures to compensate for impacts to resources that cannot be
avoided.
C. An engineering analysis which evaluates and addresses:
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i. The stability of the structure for the required design frequency;
ii. Changes in base flood elevation, floodplain width, and flow
velocity;
iii. The potential for blocking or redirecting the flow which could lead
to erosion of other shoreline properties or create an adverse
impact to shoreline resources and uses;
iv. Methods for maintaining the natural transport of sediment and
bedload materials;
V. Protection of water quality, public access, and recreation; and
vi. Maintenance requirements.
21.50.420 Shoreline/Slope Stabilization
A. Applicability. This section applies to shoreline modification activities for shoreline and
slope stabilization projects, including structural and nonstructural measures.
B. Standards.
1. Nonstructural measures are the preferred method for slope and shoreline
stabilization.
2. Nonstructural measures may include building setbacks, relocation of the
structure to be protected, groundwater management, and planning and
regulatory measures to avoid the need for structural stabilization.
3. Structural stabilization measures may include hard surfaces such as concrete
bulkheads or less rigid materials, such as vegetation, biotechnical vegetation
measures, and riprap-type stabilization.
4. New structural shoreline modifications require a Shoreline Substantial
Development Permit.
5. New structural stabilization measures may be allowed under the following
circumstances:
a. To protect existing primary structures, public facilities and utilities, and the
Centennial Trail. Prior to approval, a geotechnical investigation shall:
i. Demonstrate that the structure is in danger from shoreline erosion
by currents or waves; and
ii. Evaluate on -site drainage and address drainage problems away
from the shoreline.
b. To protect new non water -dependent uses from erosion, when all of the
following apply:
i. The erosion is not being caused by upland conditions;
ii. Nonstructural measures are neither feasible nor sufficient;
iii. An engineering or scientific analysis demonstrates that damage is
caused by natural processes; and
iv. The stabilization structure shall incorporate native vegetation and
comply with the mitigation sequencing in SVMC 21.50.210 No Net
Loss and Mitigation Sequencing.
C. To protect water -dependent development from erosion when all of the
following apply:
i. The erosion is not being caused by upland conditions;
ii. Nonstructural measures are neither feasible nor sufficient; and
iii. The need to protect primary structures from damage due to
erosion is demonstrated through a geotechnical report.
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d. To protect restoration and remediation projects when all of the following
apply:
i. The project is conducted pursuant to chapter 70.105D RCW
Model Toxics Control Act; and
ii. Nonstructural measures are neither feasible nor sufficient.
Unless otherwise exempt from shoreline permit requirements, replacement of an
existing shoreline stabilization structure may be approved with a Shoreline
Substantial Development Permit, provided the structure remains in the same
location and the outer dimension changes by 10 percent or less. However, a
Shoreline Conditional Use Permit shall be required if existing shoreline
stabilization measures are relocated or the outer dimension changes by more
than 10 percent.
All new or replaced structural shoreline stabilization measures shall provide:
a. Design plans showing the limits of construction, access to the
construction area, details, and cross sections of the proposed stabilization
measure, erosion and sediment controls, and re -vegetation of the project
area; and
b. An engineered report that addresses the purpose of the repair,
engineering assumption, and engineering calculations to size the
stabilization measure.
A replacement structure shall not encroach waterward of the OHWM, unless all
of the following apply:
a. For residences occupied or constructed prior to January 1, 1992;
b. There are overriding safety or environmental concerns;
C. The replacement structure shall abut the existing shoreline stabilization
structure; and
d. The Department of Natural Resources has approved, if applicable, the
proposed project if it is on state-owned aquatic lands.
21.50.430 Piers and Docks
A. Applicability. This section applies to the construction or expansion of piers and docks
constructed waterward of the OHWM.
B. Standards.
1. Piers and docks designed for pleasure craft only, and for the private
noncommercial use of the owner, lessee, or contract purchaser of single and
multi -family residences, shall require a Letter of Exemption. Any other dock or
pier permitted under the SMP requires a Shoreline Substantial Development
Permit.
2. Piers and docks serving more than four residences and public or commercial
piers and docks shall comply with SVMC 21.50.310 Boating Facilities. Public or
commercial piers and docks shall comply with SVMC 21.50.360 Recreational
Development and Uses.
3. New piers and docks shall only be allowed for water -dependent uses or public
access. A dock associated with a single-family residence and designed and
intended as a facility for access to watercraft is a water -dependent use.
4. New piers and docks shall be the minimum size necessary based upon a needs
analysis provided by the Applicant. However, the size shall not exceed 55 feet in
length measured perpendicularly from the OHWM. Total deck area shall not
exceed 320 square feet.
Council Adopted by Ordinance No. -4 -4-24- r' • •••ram 4o. -., 41, " " i '' Chapter 4 - Development Regulations
Page 37 of 76
City of Spokane Valley Shoreline Master Program
5. The City may require modifications to the configuration of piers and docks to
protect navigation, public use, or ecological functions.
6. Wood treated with toxic compounds shall not be used for decking or for in -water
components.
7. Existing legally established docks, piers, or viewing platforms may be repaired or
replaced in accordance with the regulations of the SMP, provided the size of the
existing structure is not increased.
8. Piers and docks proposed on the Spokane River and located east of the City of
Millwood shall comply with SVMC 21.50.410(B)(4) and the following additional
criteria:
a. The site suitability analysis shall demonstrate that:
i. The river conditions in the proposed location of the dock, including
depth and flow conditions, will accommodate the proposed dock
and its use; and
ii. Any design to address river conditions will not interfere with or
adversely affect navigability.
b. The Habitat Management Plan for any such docks shall demonstrate that
the proposed dock will not result in a net loss of ecological functions, and
shall include an analysis of the cumulative impact of additional requests
for like actions in the area.
9. A new pier or dock accessory to residential development- within the shoreline
located east of the City of Millwood, and west of the Centennial Trail Pedestrian
Bridge, shall provide joint use or community dock facilities, when feasible, rather
than allowing individual docks for each residence. Application materials shall
include documentation of the applicant's efforts to explore feasibility of and
interest in a joint use dock with owners of any residential lots immediately
adjacent to the applicant's sites. Such documentation may include copies of
certified letters sent to owners of the immediately adjacent properties listed on
title. Any proposal for a joint use dock shall include in the application materials a
legally enforceable joint use agreement or other legal instrument, notice of which
must be recorded against title of the properties sharing the dock prior to dock
construction. The joint use agreement shall, at a minimum, address the
following:
a. Apportionment of construction and maintenance expenses;
b. Easements and liability agreements; and
C. Use restrictions.
21.50.440 Dredging and Fill
A. Applicability. This section applies to shoreline modification activities for projects or uses
proposing dredging, dredge material disposal, or fill waterward of the OHWM.
B. Regulations.
1. Dredging and dredge material disposal is prohibited unless associated with a
comprehensive flood management solution, an environmental cleanup plan, a
habitat restoration, fish enhancement project, or when considered suitable under,
and conducted in accordance with, the Dredged Material Management Program
of the Washington State Department of Natural Resources. These projects
require a Shoreline Conditional Use Permit.
2. Fill shall be allowed only when necessary to support the following uses (a
Shoreline Conditional Use Permit is required unless stated otherwise):
Council Adopted by Ordinance No. "eeef,heF- -' ", _'^' ' Chapter 4 - Development Regulations
Page 38 of 76
City of Spokane Volley Shoreline Muster Program
a. Water -dependent uses;
b. Public access;
C. Cleanup and disposal of contaminated sediments as part of an
interagency environmental cleanup plan; these proposals may be exempt
from a shoreline permit of any type by the Model Toxics Control Act;
d. Expansion or alteration of transportation facilities. These proposals shall
also demonstrate that alternatives to fill are not feasible and require a
Shoreline Substantial Development Permit;
e. A mitigation action; and
f. An environmental restoration or enhancement project.
21.50.450 Shoreline Habitat and Natural Systems Enhancement Projects
A. Applicability. This section applies to all shoreline habitat and natural system
enhancement projects.
B. Standards.
1. Shoreline habitat and natural systems enhancement projects are encouraged.
These projects shall:
a. Obtain a Shoreline Substantial Development Permit or a Letter of
Exemption;
b. Demonstrate that the main project purpose is enhancing or restoring the
shoreline natural character and ecological functions by establishing the
restoration needs and priorities; and
C. Implement the restoration plan developed pursuant to WAC 173-26-
201(2)(0 and with applicable federal and state permit provisions.
on projects.
?1t ()i,_
.]-2 %-215 L,_-'Commented[MD91: Gap Analysis Attachment A, 2o09a
4.2 Shoreline Critical Areas Regulations
21.50.460 General - Shoreline Critical Areas Regulations - Applicability
A. SVMC 21.50.460 through 21.50.560 apply to critical areas and their buffers that are
completely within the shoreline jurisdiction as well as critical areas and their buffers
located within, but extending beyond the mapped shoreline jurisdiction boundary.
Regulated critical areas include: wetlands, Critical Aquifer Recharge Areas (CARAs),
Fish and Wildlife Habitat Conservation Areas (FWHCAs), geologically hazardous areas,
and frequently flooded areas, pursuant to WAC 173-26-221(2) and (3), and WAC 365-
196-485.
B. This section applies to all uses, activities, and structures within the shoreline jurisdiction
of the City, whether or not a shoreline permit or other authorization is required. No
person, company, agency, or other entity shall alter a critical area or its associated buffer
within the shoreline jurisdiction except as consistent with the purposes and requirements
of the SMP.
21.50.470 Maps and Inventories
A. The approximate location and extent of known critical areas are depicted on the Critical
Areas and Priority Habitats Map updated and maintained by the Community
Cowucil Adopted by Ordinance No. 44 -FWI- - ^ • �••�'� .,ram" 201 ' Chapter 4 - Development Regulations
Page 39 of 76
City of Spokane Galley Shoreline Master Program
Development Department. The Critical Areas and Priority Habitats Map is a reference
tool, not an official designation or delineation. The exact location of a critical area
boundary shall be determined through field investigation by a Qualified Professional.
In addition to the Critical Areas and Priority Habitats Map, City staff may review
additional reference materials to determine whether a proposed development has the
potential to affect a critical area within the shoreline jurisdiction. Reference materials
may include, but are not limited to the following as adopted or amended:
1. Natural Resources Conservation Service (NRCS) Soil Survey for Spokane
County, Washington, 2012;
2. USGS 7.5 Minute Series Digital Elevation Model;
3. FEMA Flood Insurance Rate Maps for Spokane County, Washington and
Incorporated Areas, July 6, 2010;
4. USFWS National Wetlands Inventory;
5. Aerial photos;
6. WDFW Priority Habitats and Species and Wildlife Heritage Maps and Data; and
7. City critical area designation maps.
21.50.480 Exemptions from Critical Area Review and Reporting Requirements
A. Activities exempt from critical area review and reporting requirements shall ensure no
net loss of shoreline ecological functions pursuant to SVMC 21.50.210. Exempt
activities shall be conducted consistent with performance standards identified in SVMC
21.50.180 through 21.50.450, including mitigation sequencing.
Any incidental damage to or alteration of a critical area or their buffers resulting from
exempt activities shall be restored, rehabilitated, or replaced at the expense of the
responsible party within one growing season.
The following activities are exempt from critical area review and reporting requirements:
1. Conservation or enhancement of native vegetation.
2. Outdoor recreational activities which do not involve disturbance of the resource
or site area, including fishing, hunting, bird watching, hiking, horseback riding,
bicycling, and natural trail use.
3. Education, scientific research, and surveying.
4. Normal and routine maintenance and repair of:
a. Legally -constructed existing irrigation and drainage ditches, utility lines
and right-of-way, and appurtenances;
b. Facilities within an existing right-of-way and existing serviceable
structures or improved areas, not including expansion, change in
character or scope, or construction of a maintenance road. The
exemption includes the necessary vegetation management that keeps the
existing right-of-way clear from hazard trees; and
C. State or City parks, including noxious weed control and removal of hazard
trees where the potential for harm to humans exists.
5. Emergency construction necessary to protect property from damage by the
elements.
6. Routine maintenance, repair, and minor modifications (such as construction of a
balcony or second story) of existing structures where the modification does not
extend the structure further into or adversely impact the functions of the critical
area.
Council Adopted by Ordinance No. 4-4 -N�6 _ _ " •ee• `". 201 ' Chapter 4 - Development Regulations
Page 40 of 76
City of Spokane Valley Shoreline Muster Program
In Category III or IV wetlands only, stormwater dispersion outfalls and bioinfiltration
swales located within the outer 25 percent of the buffer provided that no other
location is feasible.
21.50.490 Critical Area Review
A. All clearing, uses, modifications, or development activities within a shoreline critical area
or its buffer shall be subject to review under SVMC 21.50 unless specifically exempted
under SVMC 21.50.480.
B. Applicant shall identify in the application materials the presence of any known or
suspected critical areas on or within 200 feet of the property line.
If the proposed project is within or adjacent to a critical area, or is likely to create a net
loss of shoreline ecological functions necessary to sustain a critical area, the City shall:
1. Require and review a critical area report for each applicable critical area; and
2. Determine if the proposed project adequately addresses and mitigates impacts to
the critical area and is consistent with the requirements of the SMP.
21.50.500 Critical Area Report Requirements for all Critical Areas
A. When required by SVMC 21.50.490(C), the Applicant shall submit a critical area report
subject to the requirements of this section and any additional reporting requirements for
each critical area, as applicable.
Critical area reports for two or more types of critical areas shall meet the report
requirements for each relevant type of critical area.
All critical area assessments, investigations, and reports shall be completed by a
Qualified Professional.
At a minimum, all critical area reports shall contain the following:
1. The name and contact information of the Applicant, a description of the proposal,
and identification of the permit(s) requested;
2. The dates, names, and qualifications of the persons preparing the report and
documentation of any fieldwork performed on the site;
3. A statement from the Qualified Professional certifying that the report meets the
critical area requirements;
4. A description of the nature, density, and intensity of the proposed use or activity
in sufficient detail to allow analysis of such proposal upon identified critical area;
5. List of all references used and all assumptions made and relied upon;
6. A scaled site plan showing:
a. Critical areas and their buffers;
b. Ordinary high water mark;
C. Proposed and existing structures and related infrastructure;
d. Clearing and grading limits;
e. Impervious surfaces;
f. Location of temporary and/or permanent construction signage and
fencing to protect critical areas and their buffers;
g. Topographic contours at two foot intervals;
h. Fill and material storage locations;
i. Proposed and existing drainage facilities and stormwater flow arrows; and
j. Title, date, scale, north arrow, and legend;
Council Adopted by Ordinance No. 4-4__4am _-" • • he r' 201 r '_,_Chapter 4 - Development Regulations
page 41 of 76
City of Spokane Valley Shoreline Master Program
7. Identification and characterization of all critical areas, water bodies, and critical
areas associated with buffers located on site, adjacent to, and within 200 feet of
proposed project areas. If buffers for two contiguous critical areas overlap (such
as buffers for a stream and a wetland), the wider buffer shall apply;
8. A mitigation plan which contains a description of the application of mitigation
sequencing and offsetting of impacts pursuant to SVMC 21.50.210 No Net Loss
and Mitigation Sequencing;
9. Erosion and sediment control plan and drainage plan, as applicable for
conformance with SVMC 24.50;
10. Cost estimate for required mitigation when a financial surety is required pursuant
to SVMC 21.50.510;
11. A discussion of the performance standards applicable to the critical area and
proposed activity; and
12. Monitoring plan pursuant to SVMC 21.50.510(D) when mitigation is required.
The Direeter may modify the required contents or the scope of the required
critical area report to adequately evaluate the potential impacts and required mitigation.
This may include requiring more or less information and addressing only that part of a
site affected by a development proposal.
21.50.510 Mitigation
A. Applicants shall follow the mitigation sequencing put forth in SVMC 21.50.210 No Net
Loss Mitigation and Sequencing.
All impacts to critical areas and their buffers likely to result in a net loss of shoreline
ecological functions necessary to sustain the critical area shall be mitigated consistent
with appropriate state and federal guidelines.
Unless specifically addressed in specific critical area sections, compensatory mitigation
may be provided by any of the following means, in order of preference:
1. Except as provided in SVMC 21.50.510(C)(2)(a), adverse critical area impacts
shall be mitigated on or contiguous to the development site through resource
expansion, enhancement, protection, or restoration.
2. Off -site mitigation.
a. Off -site mitigation may be allowed if an Applicant demonstrates that
mitigation on or contiguous to the development proposal site cannot be
achieved and that off -site mitigation will achieve equivalent or greater
ecological functions.
b. When off -site mitigation is authorized, priority shall be given to the
following locations within the same drainage sub -basin as the project site:
i. Mitigation banking sites and resource mitigation reserves.
ii. Private mitigation sites that are established in compliance with the
requirements of SVMC 21.50.510(C)(2) and approved by the
sifesteF
iii. Offsite mitigation consistent with Selecting Wetland Mitigation
Sites Using a Watershed Approach (Eastern Washington)
(Publication #10-06-07, Olympia, WA, November 2010 as adopted
or amended).
Council Adopted by Ordinance No. 44 "gym �' ", _"" ' Cliapier 4 - Development Regedatious
Page 42 of 76
City of Spokane Valley Shoreline Musler Program
C. The Qirester shall maintain a list of known sites available for
use for off -site mitigation projects.
Title notices shall be recorded against the affected parcels for on -site mitigation,
and easements shall be recorded for off -site mitigation, to avoid impacts from
future development or alteration to the function of the mitigation. The mitigation
site shall be permanently preserved.
Monitoring.
1. The Applicant shall monitor the performance of any required mitigation and
submit performance monitoring reports, as specified in the applicable permit
conditions.
2. When required, the monitoring plan shall:
a. Demonstrate compliance with the provisions of the SMP and specific
permits and approvals;
b. Describe the objectives and methods for monitoring and quantifying;
C. Provide results with an estimate of statistical precision;
d. Identify the length of monitoring and reporting requirements;
e. Recommend management actions based upon the monitoring results;
and
f. Address the length of the mitigation consistent with the following:
i. Mitigation monitoring shall be required for a minimum of two years
for temporary impact restoration and up to 10 years for
compensatory mitigation; and
ii. If the mitigation objectives are not obtained within the initial
monitoring period, the Applicant shall remain responsible for
restoration of the natural values and functions until the mitigation
goals agreed to in the mitigation plan are achieved.
E. Sureties.
1. Performance and maintenance sureties shall be required from all private persons
and entities required to provide mitigation and a maintenance plan.
2. The performance surety shall be in substantially the same form as provided for in
the City's Street Standards as adopted or amended.
3. A performance surety shall be submitted prior to issuance of a Shoreline
Substantial Development, Conditional Use Permit, or Grading Permit. The surety
shall include costs to cover for construction and vegetation, annual maintenance
for a five-year period, and a 25 percent contingency fee.
4. The performance surety shall be released when the following conditions have
been met:
a. The installation of the required mitigation is approved by the City; and
b. The Applicant has submitted a warranty surety pursuant to SVMC
21.50.510(E)(5).
5. All projects with required mitigation shall submit a warranty surety to ensure the
success of the mitigation project before certificate of occupancy, final plat
approval, or as required by the City. The warranty surety shall be for 40 percent
of the total mitigation construction and planting costs and annual maintenance/
monitoring for five years, including but not limited to: costs for the maintenance
and replacement of dead or dying plant materials; failures due to site preparation,
plant materials, construction materials; installation oversight, monitoring,
Council Adopled by Ordinance No. � -4_4L n ...... rhei- .,-,. --
n v r ;___Chapter 4 -- Developmem Regulations
Page 43 of 76
City of Spokane Valley Shoreline Master Program
reporting, and contingency actions expected through the end of the required
monitoring period.
The warranty surety shall remain in effect for five years from the release of the
performance surety or a timeframe as otherwise determined by the Dir-eeter_
The Applicant shall have a Qualified Professional inspect the
mitigation site within 30 days of the expiration of the warranty. Any deficiencies
noted shall be repaired prior to the release of the surety. If the inspection is not
conducted and/or the deficiencies are not repaired, the warranty surety shall be
renewed by the Applicant until all deficiencies are corrected. The City shall
conduct an inspection prior to releasing the warranty surety.
If any deficiencies identified while the warranty surety is in effect are not
corrected in the time frame specified by the DiFeGteir , the City may
choose to conduct the necessary repairs. The City shall then either invoice the
Applicant or collect from the surety for all costs for the related work, plus a $500
administrative fee.
The Direetef _ may approve alternative mitigation provided such mitigation is
based on the most current, accurate, and complete scientific or technical information
available and provides an equivalent or better level of protection of shoreline ecological
functions than would be provided by the strict application of the SVMC 21.50. The
Direeter shall consider the following for approval of an alternative mitigatior
proposal:
1. The Applicant proposes creating or enhancing a larger system of natural areas
and open space in lieu of preserving many individual habitat areas.
2. There is clear potential for success of the proposed mitigation at the proposed
site.
3. The approved plan contains clear and measurable standards for achieving
compliance with the specific provisions of the plan.
21.50.520 Wetlands - Shoreline Critical Area Regulations
Council Adopted by Ordinance No. 44 -4211 P'" ether"' °, -'" r ' Chapter 4 - Development Reg:dations
Page 44 of 76
Commented [CB10]: Gap Analysis Attachment A, 2016b,
2010a.
The Wetland regulations in the SMP are being replaced with the
City's existing Wetland regulations from SVMC 21A0.020 through
.025.
For readability, the change is shown as deleting and replacing the
entire section.
City of Spokune Valley Shoreline Master Program
eQf pte+ her �99�):-WeNaad deiineat+easyfe-vat #er-��r a#ef
WhiGh the Qty shall 43te...... e ihetheF ;-; A-,F udg-14:ARAI f�t-is
neGessar,�-.
3. Slassi€isatian. ` etlaRRdS shall -be fated-by-a-QEl Med Rfefessieaa!-accefdiaQ
the Cnology W a;IenrJ rg+' SySteMas t fgrth in the 1A/esh'nn+on State W #a rd
Dg+'ng System for FastFastprn Wash' ; (C I D hl' t' #04 06 915,
AievefHber 2010 as-idepted-ar-a,,,Gnded). Th---wetlin4-GGategafie`., e�aeraiiy
defined as--f ikms:
a Categefy-I-(ssofes e tlandS t-peFfom n;af+y
fuaaiiens-vefy--weirThese-wetiands afe h se that=
i-Rtee pie seat -a- un+gae-qf-�et4and4ype;
ii Are fnore-sensitive-to-distafbanoe-than-mest-weNands;
A�rel + el�distufbed And seataia esafegieal-attfibates-t�iat
aFe impessible to _nrl___ V....
ith;e a ha . lifetime=eF
IV. Provide a high level effunAtion
b. GategoFy 1 (wore& -between 51-69 peo"t ): Forested wetLipds;p toe
ettands4hat-peftarm fUaatlOnS-Weil-
sCategofy- Ol (SGeres between 39-50 peiRts)� Wetlands that have a
naadefateaevei-ef-fanstiersTi se-wetiaads#ave-been disturbed iR
&Gme a and @Fe often IesS-diverse-eF ,e%4&Giated fefa-etheF Ratafai
Feecv,Ges in the Ivnrlsog th4n rout I
wY.,e .,y�..TrIr,.etiands
d Qateng � gy 1V /sg s fe, thg 30 N J ; \i These +I rt h th
�
fawest-levet of fi inctieasaad-are a#eaheavily distufbedbut- have
impertaat unationq that-Reed-tabe-pretested-
4. Wetland FatiRg atg _eq shall „At e"v due tG @Ry illegal difiGat
S. WeNaad�uffers
1. Applicability -These buffer-previsiensappiy4e-aii-wetiaads at'
a Arent-associated-with-fiparian-areas-0abu#er-,�
b. Do„At sentain ktab+tai ide. essential feNesai-pepafations-of
ident'f erg by the VVID R;
R. A.e Rot a veFRal n gl•
d. Arp nAt ;;„alkalis alkali weNaad=and
e^o-net-sentainaspen-stands:
2. € septa otherwise speoif+ed er alleaved in c., NAAGnnr 505:29(r /� ,� etiand
b,ffe shell be etg ed in an un4srtturhpd Are gnh;;Prpd-Aonditlen:,
2. Raner-widths.
a. AW b ffeFs widths shall be measured
beunda,;ass su ,e;ed iR the field.
b. The tGtaGaIGUlatedaddingthen+en,+gra -.nd the
ache an stds ardbuffe Fh fforffer widths iTable 7�1a _��0 4 n n e bossed ea4he-6ategafy
ef-we4and hardertrqualify fGFthe s4�randardbu#er--v .�hn nTabie-4-,
the measures inTable P1 Fn G nh.,ll be I rneated where applicable,
tG Mifa
me ths�past&-GP#e-adje en+ I _�cn.i eeRte-wetfand/s1
d. Additienal buffeF widths listed-fnT;;h e ddet@4;T
i�.,ll h�a 4n +fie sdard
h, FieryAdths based OR ;he habitatsGGFe F the 41 rl
T-abla 71C!1_A• Vle-tland Buffer Requirements
Council Adoplecl Iry Ordinance No. -1-4_ -! — r _ ri • •ram &1 244 l Chupler a Development Regulations
Page 45 of 76
City of Spokane Valley Shoreline Master Program
AddReenal Addltinnat AddRianat
R-ffer Wedth iF�F BufferwrrvF Wmdsrrrrlll:.dfh if
iiUeti3dld �tandaFd wetland-SGGFes Wetland-SGAFes Wetland SGares
Gate- Buffa-Mridtl} 2^s-r-2s H2hwtgt2Qm2Q 14mhmt;it>30 H;Ibetnt
p4k" P44AS R6fnt$
�nn4eet Add -5-e Add�_�tF feet edrina -5 fae4
eet Add-l.6-feet Add 45fe5 feet Addr_ �c_cF feat
68 feet I A44--39-feet Add--69-feet WA
494eet I WA WA WA J
l�iGise • LOGate a is 't that J __rate_ n_.__ away fro.m
Wetland
• if warranted eRhaRGe _... I,no buffeF with not.`-_
• F=E)F aGfivities that generate elaf:. el.r -nt:n _ _ ,
PGteRtialrlm'sFuptive�r..iSe sh n eda n heaVy
het v*vegetated-buffer-strap immediately-ad}asent
F6ai-t� • G_t_hl._I' __-_..". f_ 1'... J use of nestioidesi.vithiA
• Apply antegFated nest m .g_.ent
refland 's net de..ratered
• o t rt h to dard storr.,,.rater faa•rt•e
• D eve Rt Ghawnnelized fl_.: that d;re Gtly enters the
buffeF
• I At ai 9F i of deta.n nd .ur
if f _ d:s ffe
.__ fd nte ra l FeFR
�.. onr'o ,s _ua aos annbr. ums
Council Adopted by Ordinance No.-14-4-4L " F-Y-, 2" ", _ "" '_Chapter a - Development Regulations
Page 46 of 76
City of Spokane Valley Shoreline Master Program
SisturbanGe I Required A easure&A"inirn4e4r GtS
Re UsepF;vaGyfeRGn or i of ae thGFRY
yeoetation in deNR Y4o bsfie end �and _oi
#{s-area
■
Council Adopted ly Ordinance No. 4-4 FJ I'.,.......r.. n ,n r r ('Ilapter 4 - Development Regulations
Page 47 of 76
City of Spokane Valley Shoreline Master Program
D. :WgafioR.
rn_tsr.Iry"MR"s"Trnrrz®_
Council Adopted by Ordinance No. 44_ " ilb �-" ", _"" ' Chapier 4 - Development Regulations
Page 48 of76
City of Spokane Malley Shoreline Master Program
Cozmcil Adoptecl by Ordinance No. 44 -4-24 ,,..eegin ,c , 4 Chapter a - Development Regulations
Page 49 of 76
City of Spokane Valley Shoreline Master Program
I In ^dditien tG theGFitisaI area repG44equirern
a Qprun^ meniaifen of AnyAe4dwork perfeRmed On the site, IRGIudiRg oat not
lim t„ned�ote f+n Feld-lata ;hpetsfer-deliaeaiiens, unstion assessmentS, rMugs;
h. A. derGFiptiGR of the methodGlogies used to A-AAdwrt the vieflaR4
deiineatien ; funst'e.assessments, Gr �^+ alyses
feferenee-r-,
n FAF PRGh wefland identff ed OR site, ad't. nt to ^n, w;th.n 22nn feet of+he
pretest -site, pmvide
i Reequire.d,L_d b uff�n_;rffe.s�
µ -A p ofessiona�-sawey#ron>-ffie-field- delineation thatadenti#ieF�.:
— ) Wetland rating;
— (2) HY F9geo
- (4) Q site wetIand acreage�and
(5}—€se19gisatfanstion et the wetland-and-kiuffer-
Note- Tie ahnue ;hg" be h;;r a4 An entire e ,.,o+l_ and oornplexes,det
on}" ,,mien present ^Gn the proposed prejest site:
��+'m^+esef aGreage-andbeundaryferthe eniFe •,eNand-area
,.,here nn44ien no��o �r.�+he �.,a� ndd ev+end
flea 'nt'e of habitat elemen+c�
v--Seil renditions baxdl AA r*tP ;;qsessment and,„�sGil sail n �
iRfermatien; and
The f II F n.. at' hall hey;ded to the °tent n c'hle*.
a
/,�,;— ydrelegis information su r nd#itian-af
Wet449ets (if they Ga b„�e4egafly essed},
(2) Estimated-water-depth&vA#in-thL-we#andiand
(3) E stimated-hydrope riod-patterns-based-on-visual-oaes-(e.g.;
algal mats drift !,daft lines-flood-deb4s- tom),
d A. dd r r t' f tb r d a t" dd nd aR aRalysis_ef site
deyelen eat alte na+' yd_ I_' _ _ dd „ In eat alte nat',de�
_. 8. AR s_____..i f the dbabi tS to the T Hande and h ffeda
resulting fFGm theproposee elopment, n' A; ing
i Rn-estimation-ef-acreages-of�impaotsAG-wetlands-and-buffers
based on ;,,p veld-deliaeation;
ii. Imp@ oipated-4ydfaper+edaltemtiens frem
the�rajest and
Imnaated wetland f nnt'e
f - ° ddessriptianof-how -mitigation sequenoi^.g W@S applied pursuant to
S-VMG 71Gn 21n No ale+ I ,,,end-Mitigatign-�SegaenGEng
wet4andsand -restereany wetlands that were degraded lay -the -current
proposed land use aG4v*,
4 n,^eeffieds te-pretestand-enhaRGe-G„-site-habitat and -wetland €uastiens
i ;ite OaR, dFaWR to sGaie, with the following iRfGrf atiAn—
i. elineatedweNand(s) and�required bu er(); r on-s+e-wetlands
--11 A'k 't' al areas
that °_at ..+vend_ note then eat Site;
II nFeas ` _-- f._ r r _-- _ ed a t ttlandc nd/er br ffe Fs /'nal dv
square footage estimates);
Council Adopted by Ordinance No, 4-I_-4-4A r' ' boo. &I "'r 4, Chapter 4 - Development Regulations
Page 50 of 76
City ojSpokane Valley Shoreline Masser Program
A. -ction arplies to all clearing. us modifications. or develooment
,ont to wetlands. unless soecificall/ d by SViiVIC
B. Delineation and classification
I. Delineation. Wetland identification and delk 3n bo! as shall
be determined by a qualified crofessional th =d on
the protocols of the 1927 U.S. Armv Corns " �3i and
aorlicable regional suonlernent. as adc::' laie ueoarunent of
Cl �I
as hey= i er,, atop s �c 'c' for
the
� 5Se- SSnl-I - -
a. ;hall be rated pursuant to the - �s
he tlt/ashin-it
A
deter,- eland c ons
Cateaory I: oerform :s as evidenced by
sc.i.... _ rating
s :__ ali wetlands I stands of
hiah levels of some functi r; a ratino
score '_ : d and 21 ooints. difficult. though r. oossible.
to re,!
=tl,inds in the floods rivers.
m
atlands over one- cre in
-it
vernal ID-
-2 level of F ns. with a ratino
�•ra beivjeen 1 - and io uai �
can 1. - iately r r l-= =
=:!I -planned mitigation oro' -
— Dry IV: orovide lowest':
- of functions
13 ooints: often he..
"_ irbed but
inctions includira
eater recharoe anci
a no✓ai of pollutants fro,
ier.
Wetland buffer areas.
Wetla;�ri ! •_;ff areas shall be required adjacent to all wetlands exceot isolated
Cat= ;nds less than 1.000 square feet that:
a. e nor associated with rioarian areas or buffers:
b. Are not part of a wetland mosaic (a patchwork of nearbv sm?II wetlands)
C. Do not contain habitat identified as essential for local )[is of
orioritv species identified by VVDFV! cr i latural Heritage , r,; soecies
identified by the DNP.:
Council Adopted by Ordinance No. 4_-4-B- n , ...'tea hei- - &--.," n r Chapter a - Development Regulations
Page 51 of 76
City of Spokane Valley Shoreline Master Program
nit a vernal or.l.
an alkali vaetland and
ain amen sta,
ers Div to = astored. or ennanced as
-,n o ) d %.veti . same manner as n�ral
iherstise sc.. or rii �y/,i1C 21 5e.52S
-- A in t'n
b ri oercendicui<
•d shall be deiemmnea pursuant to
Table 21.50-4: r;Vetlanc' act Intensitv Categories
Council Adopted by Ordinance No. `_ IJ2N ^ ` ,o ' " - Chapter 4 - Development Regulations
Page 52 of 76
City of Spokane Valley Shoreline Master Program
T,I,1. 9•I UIf H—A MI;, k-
':Ietland
Minimum Buffer Width li,, eetl
Cateaory
Low lit„act
?lod.:at> Imo.=.,;:
High Imnact
!
50
200
0
c. Increase in Standa
i. If the I= ,. .
aerce .
; I I
'2l
0t:__ -
a stand-: -;land buffer
-,r-n„�r?n! or
50-6 are taken to
r s:Dd land use
Waflnnrl Imnarf lii inirn i,a f inn OA—..—
Reouired Measures to Minimize Impacts
• Cireci !cants a•..av from wetland.
• Locate activity that generates noise away from
• =:need. e: 1, istina buffer with native
Lion olantirr,� -c:iacent to noise source.
• ti=; thai aenar;t=latively continuous:
as certain heavy
0112110400t-
�.i stric-mediately
and butter
Chemical Use
il:ina use of oesticides within
Council Adopted by Ordinance No. F= ( FJ ^ • • • d� —.", "' ' . , Chapter 4 - Development Regulations
Page 53 of 76
City of Spokane Valley Shoreline Master Program
Reauired Meas!i;es to Minimize Imuacn
__--crl
• R6Ute fill - JI'011 av;av Frolll - - -
SUri r,:. _.. _, ..-Iey.,atered.
- -0 Facilities ' - am,,n'
that dire,-:. :.:I[ is file
disperse into -huger
s_;rtaces and ne;.
- - ;.Ions to oit-Site 11af.ilia%S
- ar-1
Of less
S CIS-
.. -
i2) T h': Cua 'J the
�i TlMast ❑n:;ver Ian either
75 : 1d3rd bf ` 'i1`h
D. Sims and r`encina.
I Temoorarv.
a, The outer cenmeter or vietland busFars and the dear ' kits shall Fenced
b e otaced orior to -,nma nennitteci
�cudl[las anU nlartta;r= ;nrut:;onstruction
}-'erma!lent_
Council Adopted by Ordinance No. 1 I_-N?N `_ " ' """, _"" '_ - Chapter 4 - Development Regulations
Page 54 of 76
City of Spokane Valley Shoreline Master Program
a The City Manaaer may require installation of oermanent sians and/or
fencing along the boundary of a wetland or buffer where public or hiah
traffic oedestrian uses may
b, Where required
occur Fn_ orotect critical areas.
sian all be made of an enamel -coated
metal face rc! :
,st c Ino n r nonireated material of
eaual durr _
-d a: : al not less than cne oer
lot or ever/ .;
= ',ass. and s , maintained in
oemetuity by t:' _ . -_
Any modifi _;.:gin of the location or
materials required for r.-
!nent signs shall be aom-oved by the City
Manage — obIic.=.ii
mtain rear: r=n rs shall be recorded
aaaw ner
c.
IT.
d. r ,
arc.:
a animals are r .. or may ._
c,.,
e. F•=
in a manna,
nat and desie
:;[land Mir.: -an.
-m alter: to wetlai ;'hall b i sited usin_,
Table 21.5u- Wetland Mitigation Area Ratins'
Cateaory of
Wetland
Creation or
Reestablishment
Rehabilitat!r
=nhancement
J.,
- St:)'
1_
..; !lifer
Isla..; '
lays er nr, -e,eJ a ipll be i r'-om
bu. aare- culations.
Credit/Debit iNethod As an alternative to the mitigation ratios provided in
SVIVIC 21.50.520(E). the City Manaaer may allow mitigation based on the
credit/debit" method developed by the Ecoloov in Calculatina Credits and
Debits for Comoensatory Mitigation in Ohre;'' --r - r Eastern Washinaton
Council Adopted by Ordinance No. 4-4_-O29- ^ - �,� Chapter 4 - Development Regulations
Page 55 of 76
City of Spokane Valley Shoreline Master Program
I Reuort i Ecology Publication No. 11-05-015. r;ugust 2012. as
.;gad or as amended).
-i D21-nlitted off site If the urimary drainaa� IJa-in
rnaaed by the loss of affected wetland
i.:Jv. or habitat functions as determined by a qualified
iion is rot �slble due to I ., Vith
or her not
etl;n�i
ron �s
x by ourchese of the
�aticn o
)moens-r. ,ation.
-ment ofe
---
-(land ti:.;. -.s a Orciin or
nd [
Council Adopted by Ordinance No. 4-4 -NON-_ n ee bet ", "'-f-.' Chapter 4 - Development Regulations
Page 56 of 76
City ofSpokane Valley Shoreline Master Program
a. To minimize temporal loss of wetland ecoloaical functions compensatory
mitigation shall be comoleted orior to activities that disturb wetlands
where feasible.
b. I: mitigation cannot be completed orior to wetland imoacts
c s to ri'7iaation shall be comoleted immediately following
of to use or occupancv of the action or develooment
C. Uncierstandlna i at construction of mitigation oroiects should be timed to
reduce imoacts', existing fisheries wildlife and the City Nlanao�r
n : :`Athorize - =13y of i-njtici@ti urovides a
e for t l:rendations from a
g al. In su,:: Jelav shall not
. ewate hazardous conditions'
it. onmental demace or dearadationi or
r)us to t or general welfare of the oublic
tional ar-: eauirenl nis for wetl . In addition to the critical aroma
-:nd is . shall include the followine
! to including but not linlited to
is for .ia6ne-1 - is ratinas or baseline
methodologies usetetl --lineations
ents. or impact analys
identified on site. adi�-, of the oroiect
b. i oaeomoroh .. n, lin classification of
oil- z • - - 'aae - '1
C: and r bn- .: ression2l -
delineation. All assessments shaii ,sed on entire wetland
comola_,C3s. nct �r i. .h,.? rho rl,,., lnsed hf I ^.it;=
C. Estur
cortic
d Desc; r: n cf
e Soil con itions ase_i on siia assessment and loll su, . ;,formation: and
f. To the extent oossii le hydrol7mic infon,laticr s s locati�~ a^^
condition of inletic.
deoths with;n ! --
Visual cuef mats. drift lines_ Fl,:; _iebiis
d A description actions and survev and an analvsis of site
develooment _; _Odina a no-develooment alternative
An assessment c ;;notable impacts to the 'wetlands and buffers resulting
from the �.eloor—.n, lncludina.
a. ;f arl imoacts to wetlands and buffers based on
b. !I iicioated hvdrooeriocl alterations from the
C.,id
functions:
description: :itioation secluencin❑ :vas aoolied pursuant to SVNIC
21.50.210. No i l L ss and Nlitiaation Seauencina:
Council Adopted by Ordinance No. 4-4_-W f)&ee•�m �••• ^, ?o Chapter 4 - Development Regulations
Page 57 of 76
City of Spokane Valley Shoreline Master Program
Of liiitiaati,n measurs crcnosed to preserve existing �A-etlands and
'ian is Al the cer - ' or000sed land -use
;e on -sits nai)itat and TI3nd functions:
=Hands as srcl!
I -
21.50.530 Critical Aquifer Recharge Areas - Shoreline Critical Area Regulations
A. Applicability. This section applies to the following developments and uses when
proposed within designated CARAs:
1. Underground and aboveground storage tanks;
2. Vehicle repair and service uses, including automobile washers;
3. Chemical treatment, storage, and disposal facilities;
4. Hazardous waste generating uses;
5. Injection wells, not including Class V or injection wells for stormwater
management;
6. Junk and salvage yards;
7. On -site sewage systems;
8. Solid waste handling and recycling facilities;
9. Surface mines;
10. Uses of hazardous substances, other than household chemicals for domestic
applications;
11. Projects having the potential to adversely impact groundwater; and
12. Work within a wellhead protection area.
Council Adopted by Ordinance No.-14_-024 Peeenihee ", 244 Chapter 4 — Development Regulations
Page 58 of76
City of Spokane Valley Shoreline Master Program
Designation and classification.
1. CARAs are those areas with a critical recharging effect on aquifers used for
potable water as defined by WAC 365-190-030(2). CARAs have prevailing
geologic conditions associated with infiltration rates that create a high potential
for contamination of ground water resources or contribute significantly to the
replenishment of ground water.
2. Aquifer recharge areas are rated as having a high, moderate, or low susceptibility
based on a scientific analysis of soils, hydraulic conductivity, annual rainfall, the
depth to aquifers, the importance of the vadose zone, and wellhead protection
information. The entire shoreline jurisdiction, as well as the entire City, is
identified as a high susceptibility CARA.
Performance standards.
The uses listed in Table 21.50-_shall be conditioned as necessary to protect CARAs
accordance with the applicable state and federal regulations.
Table 21.50-_7: Statutes, Regulations, and Guidance
Pertainino to Ground Wntar Imnactinn Ar- ivifiac
Activity
Statute — Regulation — Guidance
Above Ground Storage Tanks
WAC 173-303-640
WAC 173-216; Best Management Practices
Manual for Vehicle and Equipment Washwater
Automobile Washers
Dischar es WQ-R-95-056
Below Ground Storage Tanks
WAC 173-360
Chemical Treatment Storage and Disposal
Facilities
WAC 173-303-300
Hazardous Waste Generator (Boat Repair
Shops, Biological Research Facility, Dry
Cleaners, Furniture Stripping, Motor Vehicle
Service Garages, Photographic Processing,
-Printing and Publishing Shops, etc.)
WAC 173-303-300
Injection Wells
40 CFR Parts 144 and 146;WAC 173-218
Vehicle and Metal Recycles — A Guide for
Implementing the Industrial Stormwater
Junk Yards and Salvage Yards
General NPDES Permit Requirements 94-146
On -Site Sewage Systems (Large Scale
WAC 246-272B
On -Site Sewage Systems (< 14,500
-gal/day)
WAC 246-272A, Local Health Ordinances
Solid Waste Handling and Recycling
Facilities
WAC 173-304
Surface Mining
WAC 332-18
Additional performance standards for storage tanks that store hazardous substances 1
waste.
All storage tanks shall:
1. Comply with Title 24 SVMC Building Code and fire department requirements;
2. Use material in the construction or lining of the tank that is compatible with the
substance to be stored;
Council Adopted by Ordinance No. 4-4 -4-24- n ... ..ram.. n n r - Chapter 4 - Development Regulations
Page 59 of 76
City of Spokane Kalley Shoreline Master Program
Not allow the release of a hazardous substance to the ground, groundwater, or
surface water;
Prevent releases due to corrosion or structural failure for the operational life of
the tank; and
Be protected against corrosion and constructed of noncorrosive material or steel
clad with a noncorrosive material.
All new underground storage tanks shall include a built-in secondary containment
system that prevents the release or threatened release of any stored substances.
All new aboveground storage tanks shall include a secondary containment structure and
meet either of the criteria below:
1. If the secondary containment is built into the tank structure, the tank shall be
placed over a sealed impervious pad surrounded with a dike. The impervious
pad/dike shall be sized to contain the 10-year storm if exposed to the weather; or
2. If the tank is single walled, the tank shall be placed over a sealed impervious pad
surrounded with a dike. The impervious pad/dike shall have the capacity to
contain 110 percent of the largest tank plus the 10-year storm if exposed to the
weather.
Additional performance standards for vehicle repair and servicing. Vehicle repair and
servicing must be conducted over impermeable pads and within a covered structure
capable of withstanding normally expected weather conditions.
G. Additional standards for chemical storage.
1. All chemicals used shall be stored in a manner that protects them from weather.
Secondary containment shall be provided. On -site disposal of any critical
material or hazardous waste shall be prohibited.
2. All developments and uses shall provide a narrative and plan to show how
development complies with the regulations and performance standards in SVMC
21.50.530(C-F), or prepare a hydrogeological assessment in accordance with
SVMC 21.50.530(H).
3. Proposed developments and uses that are unable to satisfy the performance
standards in SVMC 21.50.530(C-F), shall submit a hydrogeological assessment
report.
In addition to the critical area report requirements in SVMC 21.50.500, hydrogeological
assessments shall include:
1. Available geologic and hydrogeological characteristics of the site, including
groundwater depth, flow direction, gradient, and permeability of the unsaturated
zone;
2. Discussion of the effects of the proposed project on groundwater quality and
quantity;
3. A spill plan that identifies equipment and/or structures that could fail, resulting in
an impact. Spill plans shall include provisions for regular inspection, repair,
replacement of structures and equipment that could fail, and mitigation and
cleanup in the event of a spill; and
4. Best management practices proposed to be utilized.
Council Adopted by Ordinance No. d F= ll?JF " " "''naz-." " -"" ' Chapter a — Development Regulations
Page 60 of 76
City of Spokane Valley Shoreline Master Program
21.50.540 Fish and Wildlife Habitat Conservation Areas - Shoreline Critical Area
Regulations
a k,--.GWHQq_maybe-altered-GRIP ;f the-pfepesed-altefatlen-of the habitat--eF
the mitigatiGR propGsed deeS t GFeat t 1ess f the quantitative d
qualitative sheFel'n elnn aI fURGtOGRG AGGessaFy t sustain the
l=%AIHQA
efappreval.
d. VegetatiGn,
i VegetatieR shall be maiFltaiFled '4 i I state .4 shall -be
II RipariaRvegetat*911 hall t be d URIeSS there
ether alternatives available ` VheR , iG ReGessaFy, ..I•• th Gse
crylry
be subdMdedi
Council Adopted by Ordinance No. 4-4_-4-4,r'eee• •'be,— -.,-" 'r ' r Chapter 4 - Development Regulations
Page 61 of 76
Commented ECB111: Gap Analysis Attachment A, 2010a.
The Fish and Wildlife Conservation Area regulations in the SMP are
being replaced with the City's existing Fish and Wildlife
Conservation Area regulations from SVMC 21.40.030 through .036.
For readability, the change is shown as deleting and replacing the
entire section.
City of Spokane Valley Shoreline Mosier Program
ii. II ;;nrit**c*nrl thn a RNHGA Pr its buffer may be
eaGh-new-lot is-i66ated--9Uts,mew+1,�r1' bitat-69nSefl/2t1on-afea-oF
its b rfferi @Rd
ilk AGGPSS FG@dS d utilities sep.,ing the al may be erm4 dted
:A;Min the C1Al4-IC`A „d ."t_d V `ff I .'f+he QiLy
de+eFMiR86 that e GtheF feasible @It_...at.. _ _..._ts RRd I.rhen
cv-rrr
aensistent r.r'�-v..th the CvMP _� -- -
GORditiened to MiRiMize _, mitigate aRy ntnntial
adr�npa ctEFde, but aFee--rni84 limiterr.rr..ced-ccznotn the
fellawingi
i.- tablishment of tau#eFzenes;
im PFpfeCeFVation OfGFitiGal ng
Fequirementc fn
pl^Rtn,
�. Vegetationecn{ + 4 a the ete Rt'-,I fnr haFaSS mmen; -tfefn
pe4ple-andleF-d0mestlE d-animals
iy- I iFn tati6n-6t,366ess to the habitat aread'IFing- GFitiGa4 +.ov,-r f ;��-o,ef +he
yea4
�. Feno' n ten na +hnr'ze_ri�d awe".
.,�requiFed Gpen sp@Ge to fish and
Gtivities
C1AM(`Ac .r'+h endan}eFed threatened er oens4tlye-SpecieS
a PI dV I + shall h II d '4h' GfAfl-Ir`A nr b ffer where_state
r
meRegederal eRdaRgeFed, 4h,_a+_.._dl, eF __.-hive -r__ _S havea-pfimaFy
a8Se6iat edeFal-66nc I4oVr�vt orr-and- appF9val frern
(SF=VVS) reSpeGt"veely_
b-,4pprDval-foralteFati4an-ef-Ian"r-astivitiesadjacent W a-FAIVkiGA-havinga
prirf�ary asse tion with ed `rate _r for?Ily endangered thm_ateertid_dorseRsine
r
+' h ll t - ---
'- +_.. J 14 1' 1A f with +h fl F=VV
G. Bald I habitat shall be t i d GGRGiSteRtWith;
i 1AIAC727 47 292 1A! Sh' J4 State Bald Eagle PFeteGtOGR Dr le
and
ii Thaldand-Golden-E-aglp Pr testien-Aat-whiat-Ftay4egaiFe-a
peFnRftebiainedfFenthe IJSF�
B Mittigatfen; rnafntenanse-and
71n G�5�9)«
;. :^,.tigat6on-sites-shall-be l�Ga«ted:
a P-r1ef ueus tuaetieniag habitat Aorrider-sthat
+, h�Tl t' effeGtS ef deve!GpmeRt an habitat a and
b. ;Arth'n the +e-eaesysteFR as the GWHQ d'Stefbbed.
2 ,_.h Fina ent means -Of t
kFigatien-shaltbeancall�a„ed-,o,--4nr 4he
mitigJatian�+'
lann . The de Shall l.nFneemeet- he-spe6lfiG-Reed of r nd
sh FFJI}ste" ppewege ya Qualified PFef6SSiGaa;-ar
landscape @FshitesL
Council Adopted hY Ordinance No. 4-4_ ;r 'd ; Chapter 4 - Development Regulations
Page 62 of 76
City of Spokane Valley Shoreline Master Program
21 cn 54Q(RX2�
�-ro . "T�C�T
1. Re
a Habitat-assessaaent-, ias4adiag
ama;
speGies that have a prOR;@Fy aSSOGiat'GR With habitat An Ar
adjase^t to th&-pfe}est-area, and asses-.,".t o'-P temt4 project
impartr to the use of the ske by the speGiesj
iiw. 1O dirCllss of ao Y ie.de Fat stateOF I el r ..I FRaRagement
rennmmemdat'n s that have beep d I d fGF .
ii/ of mres,rl. dbR m•i' ati
pmpese.d to PFesewe eXiSfiRg hah'i..is GF iGre aRy habitat that
was deEjf3
hah'iat after then eoi site he beeR developed, 1 di
Rg
2 ARY mpesal ie a F=VV GA OF .ithio 1,320 feet f a p 'iy speGies d 9F Rest
Council Adopted by Ordinance No. d f.-,-- r" "' ' Clrupter 4 - Development Reg:dations
Page 63 of 7G
City of Spokane Valley Shoreline Master Program
a. A plan, d n +o `Gale, that _r1e„iff n
}. The InG-.+inn of the nrnnnGed _Ae
....,.... .... Of the rest ____ -._
elements;
ffi. The ....tUFe... Rd .ORteRSky of the serf use OF _Gt'.emt.e
_e. The legal deSGF"pt*GR and the total aGFeage of the par--�-,
�dl CXiSfiRg + + s a d la dsG a features nnh,rlinn the name
The IGGa'"habitat types -or priority-speGieS peiR
'a} d speGies and FmpariaR habitat a _
G. A mitigatk)R Ia that may nGl de but is not limited to:
}♦. D at' d/n FestoFaWR Of na+i.,e floral-
[J 'tat' f G +habitat a „
HI. m�,r�.�oo@oS habitat ,
Y. GIUSteFiRg of development and n .atiGn Gf opeR spaGe;
ve C'gRS along habitats or habitat buffer
I I f Inw empaGt development teGhRiquesj
III D d d deed, plath'nd'n site nln pIaRRed61RIt
O0 +' a+' en+s• and
* fl d' +�AR GF GGRveyaRGe of title of a FipwiaR habitat area iG
pablis-entity for the -purpose Of seaservatiop -and
I' + d thFP,;;tPRPd 9F eRdaRqeFed speGies, FRqqFateFy ,..a+eFt'awl G
MaRagemeR+ la and theirents shall he dnGluded 'n the
r
final repot' The DiFeGteFshall-have4he-aathG4ty--to-appfeve-4abltat
This : aarin : Liications or
--sla aled fish and "vildliie habitat coiisei ,ation aI Phri i!
ueetma e 0r viinc; ria. rea::
=bv -
Is maoo:. , acts r
_`aih tnfi suc'ri2nl _ - - .i ae -
.��;
u ..
�ted endz
J life Service -
-
Council Adopted by Ordinance No. 4-4-4_24- r` •' n --�"' " "' r '-Chapter 4 - Development Regulations
Page 64 of 76
City of Spokane Valley Shoreline Master Program
Mate-desianated endanaered. threatened and sensitive Soecies
pursuant to WAC 232-12-014 (state endanaered soecies and WAC 232-
12-011 (state threatened and sensitive snecies� The'f\.tDFW maintains
the most current listing and shall L ulte ' : listing status
b.
State criority habitats and areas i atate priority species.
Priority habitats and soecies (PHSI are nnanaaed by the WDFW. Prioritv
habitat mans ere amended from time to li, i� by %,VDF` V 'Nithin the Citv
ana, n are,: nban
vita,
-iiC2l .-,leas iyla;;.
_:rally occurrina oonds -:r 20 acres and their sub;:i= is that
alb;
-�Ibc. rdlclV U - -
dun=nrgr '1atF.n7
JIStlnatl;f
. ,. S
�B gt tIl C:[2 te. VJa to rs of th E:
i.
.`'cations are
a- VUc th. as
a: -Cs
have me..-:,nuai e r J.
b. Tvoe F :rater means segnien7s of 1ciJi it ter5 uti-, = n T . S
',eaters which are within :he bankfull vvidths of defined nnel:_ -
oeriodically inunda s of their associated wetlac : ,r vv i
oonds. or imnounciw-= na a s acre
greater at seasonal lo,.•. nd m fl: mft
or are described by one or the follos.
i. Waters that are diverted for . ra f'ran 10
residential
licensed tc > ersioi Is
determined -;ter and the
On:, -ers. Sucn :eaters shall be
c -im from the ooint of such
di, ;r 1 5C0 feet c; ,e area is reduced by 50
oeiichever is less
-,f are diverted for use I: Jzral. state. tribal. or orivate
fish n_ _ _:vies. Such viaters shall considered Tvoe F water
uosfr= `rom the ooint of diversion for 1.500 feet. includin ;
Council Adopted by Ordinance No. 4-4= 4-24 I'.•.••. kf--- "" : Chapter -f - Development Reguhilions
Page 65 of 76
City of Spokane Malley Shoreline Master Program
,dines af`.ai a an
ih :�1DFbV. Ecoloav 'i
that
11 na,..! coosed
= F
III a;
- ear_und cnar n3y.
;;nervation .rugs atixal
sn : -as are defined. established.
:ill Hlai� C:u���.i(� E;:'�s�:sten'�s -was ci rain niant
�vstel re I-:enti a,t by the Di•d? tnroua'n the i•Jatural
Heritage Proararn
L. 3n,s de3ignaied Jn regignal Or local ac--,inment a9enC'J olans to -a. oarks
er transgortation i 83 useful or assential toi oresei vino connections between habitat
blocks and oxen soaves.
Council Adopted by Ordinance No. 44 -PJ4l ^ eend- -9"' °. W4 ' Chapter -1 — Development Regulations
Page 66 of 76
City of Spokane Valley Shoreline Master Program
Habitat Buffers and Rioanan Manaaement ZoneS
1. Buffers to protect state- or federally designated sensitive wildlife FVVHCi.,s shall
be based on the recommendations of a FVVHC; critical 2rea report prepared by
a aualified professional r.:r :ant to SVMC = r;itat buffers shall
not exec;_=-! I ; from the edc,_
2 Rb2ria! fcir Vyaters or i
I ivacian manaoemen 7c,-,
I n1P ^I��jia_�f101 �c.I �cCflbed !I' - s a'a
,lull
chaff'
sum!;
Tabl. _ -4 ;nrZones sufferYji
be retained of maintaine.l :onclition. and
' in RfvlZs shall be cons able to provide
and viater quality f-;n associated
a_mosed v/l measures
sip- _'oitat Ma, _iv include
buf e ii ,iitaLt one or morel
! Fancira of riparian buffer area to orote nlatnina
cn:
1 :five/noxiousy,,eed removal and r !=iiitenance - - - _ _- , , Formatted: Font: (Default)Ada[
'or
,:=meni of P,MZ throuah olantina of r•
Prouusecl ;_ _
strian/bike tr.. , -)ns; . iouah b,_
available
- --e that the
any ac.
,;)acts on
effects :1 ,:i iilu construction are C
Off -road motorized vehicle use i �Faemeim
prohibited.
D. Performance standards. All development and uses ill be orohibll _. : ithin FWI-i
and their buffer_ when they are in accordar 'th this su ,n (SVMC
21.50.540f D11-
Council Adopted by Ordinance No. ? G ^ �; ^, ?^ __Chapler 4 - Development Regulations
Page 67 of76
City of Spokane Valley Shoreline Master Program
�;r '•��� I �-: i�}il=i� i =r m�•r b� = Grad crl.
rnn-litior-�d `�'�'init i�? �r i i'•I�� �- - -
at .".
raauir .;
rion �ciiyitr�s
hU
naving
or
-Ad and
Bich ma%
Council Adopted by Ordinance No. 44 """""' ` �' ", "" ' Chapter a - Development Regulations
Page 68 of 76
City ofSpokane Valley Shoreline Master Program
Fish and vAldlife habitat mitigation.
1. When necessary. fish and wildlife habitat mitigation shall be documented in a
habitat management elan (See SVMC 21.50.540(F)(1'rl.
2 Mitigation sites shall be located:
a. F; to achieve contiguous funs!� -��'n� :,ah;r-' n�;,cicrs iha+
_ t:ie isolating effects of dev�
-�me aquatic ecosystem
gas
3. ihon shall be installer:
-
survival dui!: - o Mears of plant aro%-At i.
nformed 'o f Ixal r, terer,c._ r
^=rian and shrub-
aaetatio, _ind be Dr,---
-. ofessional or
... )e archit- - :-` .
ebitat mitigation
cludin^
-ontrol
In shall he stalle i nc : _
after
an of sits imorovemerns
- a City
r
eGUye actloh? - O;olems. Intrude
-.
-'poi-qir-k' orotection of
and small nn= by grasses and
=pus ol�� nt c:,a ;:oodv
- anv species on the state noxious list.
�-i aoolican d
„Ian
prepared Dv a auaiaieci o,01-essional.
At tba erri ^r ,erin(l fh=_ ,)rofessional shall be
nd provisions in the
C. Miticj .. olantina sure shall . _
ent for the first vear and 80
oercent for each subsequent vear.
d. If the final annual monitoring reoort ^!=arl,
• i ,r, strn'= ;hr t thy_ site has
achieved all goals and obi- rs se'
management plan, the aot_
mitigation oblioations. If. h--"
-
additional maintenance adapt
arjci u o ee
monitoring shall be required until .I obi=-
;s are met.
9rea report requirements for FWHCAs_
ants. In addition to the critical area reoort reauirements in SVMC
',NHCA reoorts shall include:
Habitat assessment. including:
Council Adopted by Ordinance No. 4-4 -494- n..,......bei n ,. , ,; ; ,, ,,,., Chapter 4 - Development Regulations
Page 69 of76
City of Spokane Valley Shoreline Master Program
G=t�ii�d desc�iu[ion of veaetahon on and adiacent to the miact
or
�!es that have
J oroiect
:acts to the use Of
the
i ar
each
Cons_ of ots-
n,......r..._ninrr
Council Adopted by Ordinance No. 4_-A2N- . Clurpter -1- Deirelopmenr IZegu crtion.�
Page 70 of 76
City of Spokane Valley Shoreline Master Program
(10) Dedication or conveyance of title of a riparian habitat area
to a public entitv for the ouroose of conservation.
A summary of consultation with the WDFW If the habitai
manaoeme, ds mitigation invol r..
listed thl - 1 ->red Sri n �r
wetlan ce
manari 'a 1; evie,w cent-ents s�iall be incuded in
the fina, Qkestef_ity Manaaer shall have the authority
to aoorove habitat manac- ant olans or reauire additional
�nforr�aticn
Conditions e- :ved habitat manaaement olan shall be
included as = =
21.50.550 Geologically Hazardous Areas - Shoreline Critical Area Regulations
A. Applicability.
1. This section applies to all uses, activities, and structures within designated
geologically hazardous areas.
2. Applications for development within the shoreline jurisdiction shall identify if it is
located within a geohazard area as designated on the City Critical Areas and
Priority Habitats Map. The Direstef may require additional
information based on the criteria in SVMC 21.50.550 to identify unmapped
geohazards if application material and/or a site visit indicate the potential for
geohazard.
Designation and classification.
1. Areas susceptible to erosion, sliding earthquake, or other geological events are
designated geologically hazardous areas in accordance with WAC 365-190-120,
Geologically Hazardous Areas.
2. Categories.
a. Erosion hazard areas are identified by the NRCS as having a "moderate
to severe," "severe," or "very severe" rill and inter -rill erosion hazard.
Erosion hazard areas also include areas with slopes greater than 15
percent.
b. Landslide hazard areas are subject to landslides based on a combination
of geologic, topographic, and hydrologic factors. They include areas
susceptible because of any combination of bedrock, soil, slope, slope
aspect, structure, hydrology, or other factors and include the following:
i. Areas of historic failures, including:
(1) Areas delineated by the NRCS as having a significant
limitation for building site development; and
(2) Areas designated as quaternary slumps, earthflows,
mudflows, lahars, or landslides on maps published by the
United States Geological Survey or WDNR;
ii. Areas with all of the following characteristics:
(1) Slopes steeper than 15 percent;
(2) Hillsides intersecting geologic contacts with a relatively
permeable sediment overlying a relatively impermeable
sediment or bedrock; and
(3) Springs or groundwater seepage;
Council Adopted by Ordinance No. -�4 -024 n......... r. ,.. n 1 —Chapter 4 - Development Regulations
Page 71 of 76
City of Spokane Valley Shoreline Master Program
iii. Areas that have shown movement during the holocene epoch
(from 10,000 years ago to the present) or which are underlain or
covered by mass wastage debris of this epoch;
iv. Slopes that are parallel or subparallel to planes of weakness (such
as bedding planes, joint systems, and fault planes) in subsurface
materials;
V. Slopes having gradients steeper than 80 percent subject to rock
fall during seismic shaking;
vi. Areas potentially unstable as a result of rapid stream incision,
stream bank erosion, and undercutting by wave action, including
stream channel migration zones;
vii. Areas that show evidence of, or are at risk from snow avalanches;
viii. Areas located in a canyon or on an active alluvial fan, presently or
potentially subject to inundation by debris flows or catastrophic
flooding; and
ix. Any area with a slope of 40 percent or steeper and with a vertical
relief of 10 or more feet except areas composed of bedrock. A
slope is delineated by establishing its toe and top and measured
by averaging the inclination over at least 10 feet of vertical relief.
Seismic hazard areas are subject to severe risk of damage as a result of
earthquake induced ground shaking, slope failure, settlement or
subsidence, soil liquefaction, or surface faulting. One indicator of
potential for future earthquake damage is a record of past earthquake
damage.
C. Standards applicable to all geologic hazard areas.
1. Any development or uses proposed within 50 feet of a geologic hazard area shall
prepare a critical areas report satisfying the general critical area report
requirements in SVMC 21.50.500 and the additional standards for Geologic
Hazard Areas in SVMC 21.50.550(E).
2. Development or uses within geologically hazardous areas or associated buffers
shall only be allowed when the proposed development or use:
a. Does not increase the threat of the geological hazard to adjacent
properties beyond pre -development conditions;
b. Does not adversely impact other critical areas;
C. Is designed so that the hazard is eliminated or mitigated to a level equal
to or less than pre -development conditions; and
d. Is determined to be safe as designed and under anticipated conditions by
a Qualified Professional.
3. New development that requires structural shoreline stabilization over the life of
the development is prohibited, except in instances where:
a. Stabilization is necessary to protect allowed uses consistent with SVMC
21.50.420(B)(5);
b. No alternative locations are available;
C. Shoreline modifications do not negatively affect other critical areas
pursuant to SVMC 21.50.460; and
d. Stabilization measures conform to WAC 173-26-231, Shoreline
Modifications.
D. Standards applicable to erosion and landslide hazard areas.
Cozazcil Adopted by Ordinance No. 4-t_-4-AL Peeemhe ' " "' r '_ _Chapter 4 - Development Rcgzila(ions
Page 72 of 76
City of Spokane Valley Shoreline Master program
1. Development within an Erosion or Landslide Hazard Area and/or buffer shall be
designed to meet the following basic requirements unless it can be demonstrated
that an alternative design that deviates from one or more of these standards
provides greater long-term slope stability while meeting all other provisions of the
SMP. The requirement for long-term slope stability shall exclude designs that
require regular and periodic maintenance to maintain their level of function:
a. Development shall not decrease the factor of safety for landslide
occurrences below the limits of 1.5 for static conditions and 1.2 for
dynamic conditions. Analysis of dynamic conditions shall be based on a
minimum horizontal acceleration as established by the Uniform Building
Code as adopted or amended;
b. Structures and improvements shall be clustered to avoid geologically
hazardous areas and other critical areas;
C. Structures and improvements shall minimize alterations to the natural
contour of the slope and foundations shall be tiered where possible to
conform to existing topography;
d. Structures and improvements shall be located to preserve the most
critical portion of the site and its natural landforms and vegetation;
e. The proposed development shall not result in greater risk or a need for
increased buffers on neighboring properties;
f. The use of retaining walls that allow the maintenance of existing natural
slope area is preferred over graded artificial slopes; and
g. Development shall be designed to minimize impervious lot coverage.
2. Buffers from all edges of Erosion or Landslide Hazard Areas.
a. The minimum buffer shall be equal to the height of the slope or 50 feet,
whichever is greater.
b. The buffer may be reduced to a minimum of 10 feet when a Qualified
Professional demonstrates that the reduction will adequately protect the
proposed development, adjacent developments and uses, and the subject
critical area.
C. The buffer may be increased where the Direstef determines
a larger buffer is necessary to prevent risk of damage to proposed and
existing development.
3. Removal of vegetation from an Erosion or Landslide Hazard Area and/or buffer
shall be prohibited unless as part of an approved alteration plan consistent with
SVMC 21.50.260 Shoreline Vegetation Conservation.
4. New utility lines and pipes shall be permitted only when the Applicant
demonstrates that no other practical alternative is available. The line or pipe
shall be located above ground and properly anchored and/or designed so that it
will continue to function in the event of an underlying slide.
5. Stormwater conveyance shall be allowed only when the pipe design includes a
high -density polyethylene pipe with fuse -welded joints, or similar product that is
technically equal or superior.
6. New point discharges from drainage facilities and roof drains onto or upstream
from Erosion or Landslide Hazard Areas shall be prohibited except as follows:
a. If it is conveyed via continuous storm pipe downslope to a point where
there are no erosion hazards areas downstream from the discharge;
b. If it is discharged at flow durations matching pre -developed conditions,
with adequate energy dissipation, into existing channels that previously
conveyed stormwater runoff in the pre -developed state; or
Council Adopted by Ordinance No. 4-442 J �' • •••h�az r ei- 0' r ' _Chapter 4 - Development Regulations
Page 73 of 76
City of Spokane Valley Shoreline Master Program
C. If it is dispersed or discharged upslope of the steep slope onto a low -
gradient undisturbed buffer demonstrated to be adequate to infiltrate all
surface and stormwater runoff, and where it can be demonstrated that
such discharge will not increase the saturation of the slope.
Division of land in Erosion or Landslide Hazard Areas and associated buffers is
subject to the following:
a. Land that is located wholly within a designated Erosion or Landslide
Hazard Area or an associated buffer shall not be subdivided.
b. Land that is located partially within a designated Erosion or Landslide
Hazard Area or an associated buffer may be subdivided, provided that
each resulting lot has sufficient buildable area outside of the Erosion or
Landslide Hazard Area and buffer to accommodate reasonable
development without impacting the critical area or requiring structural
stabilization consistent with SVMC 21.50.180(B)(5) General Provisions.
C. Access roads and utilities may be permitted within an Erosion or
Landslide Hazard Area and associated buffers if the City determines that
no other feasible alternative exists.
On -site sewage disposal systems, including drain fields, shall be prohibited within
Erosion or Landslide Hazard Areas and associated buffers.
Additional critical areas report requirements for geologically hazardous areas reports.
In addition to the critical area report requirements in SVMC 21.50.500, geologically
hazardous area reports shall include:
1. A site plan showing the following:
a. The location of springs, seeps, or other surface expressions of
groundwater on or within 200 feet of the project area or that have
potential to be affected by the proposal;
b. The topography, in two -foot contours, of the project area and all hazard
areas addressed in the report; and
C. The following additional information for a proposal impacting an Erosion
Hazard or Landslide Hazard Area:
i. The height of slope, slope gradient, and cross section of the
project area;
ii. Stormwater runoff disposal location and flow patterns; and
iii. The location and description of surface water runoff.
2. A geotechnical study that addresses the geologic characteristics and engineering
properties of the soils, sediments, and/or rock of the project area and potentially
affected adjacent properties, including:
a. A description of the surface and subsurface geology, hydrology, soils, anc
vegetation found in the project area and in all hazard areas addressed in
the report;
b. A detailed overview of the field investigations; published data and
references; data and conclusions from past assessments of the site; and
site specific measurements, test, investigations, or studies that support
the identification of geologically hazardous areas;
C. Site history regarding landslides, erosion, and prior grading;
d. A description of the vulnerability of the site to seismic and other geologic
events;
e. Proposals impacting an Erosion or Landslide Hazard Area shall include
the following additional information:
Council Adopted by Ordinance No. -4-IWI-__ " oibef " "" _' Chapter 4 — Development Regedations
Page 74 of 76
City of Spokane Valley Shoreline Master Program
i. A description of the extent and type of vegetative cover;
ii. An estimate of load capacity including surface and groundwater
conditions, public and private sewage disposal systems, fills and
excavations, and all structural development;
iii. An estimate of slope stability and the effect construction and
placement of structures will have on the slope over the estimated
life of the structure;
iv. An estimate of the bluff retreat rate that recognizes and reflects
potential catastrophic events such as seismic activity or a 100
year storm event;
V. Consideration of the run -out hazard of landslide debris and/or the
impacts of landslide run -out on down slope properties;
vi. A study of slope stability including an analysis of proposed angles
of cut and fill, and site grading;
vii. Recommendations for building limitations, structural foundations,
and an estimate of foundation settlement; and
viii. An analysis of proposed surface and subsurface drainage, and the
vulnerability of the site to erosion;
f. A detailed description of the project, its relationship to the geologic
hazard(s), and its potential impact upon the hazard area, the subject
property, and affected adjacent properties;
g. Recommendations for the minimum no -disturbance buffer and minimum
building setback from any geologic hazard based upon the geotechnical
analysis;
h. A mitigation plan addressing how the activity maintains or reduces the
pre-existing level of risk to the site and adjacent properties on a long-term
basis (equal to or exceeding the projected lifespan of the activity or
occupation);
i. Proposals impacting an Erosion or Landslide Hazard Area shall include
the following additional information:
i. An erosion and sediment control plan prepared in compliance with
requirements set forth in SVMC 22.150 Stormwater Management
Regulations; and
ii. Drainage plan for the collection, transport, treatment, discharge,
and recycle of water;
j. Location and methods of drainage, surface water management, locations
and methods of erosion control, a vegetation management and replanting
plan, or other means for maintaining long-term soil stability; and
k. A plan and schedule to monitor stormwater runoff discharges from the
site shall be included if there is a significant risk of damage to
downstream receiving waters due to:
i. Potential erosion from the site;
ii. The size of the project; or
iii. The proximity to or the sensitivity of the receiving waters.
A geotechnical report, prepared within the last five years for a specific site, and
where the proposed land use activity and surrounding site conditions are
unchanged, may be incorporated into the required critical area report. The
Applicant shall submit a geotechnical assessment detailing any changed
environmental conditions associated with the site.
Council Adopted by Ordinance No. 4--F= 4-24-___ ^ ••• ' ", "' ' Chapter a - Development Regulations
Page 75 of 76
City of Spokane Valley Shoreline Master Program
21.50.560 Frequently Flooded Areas - Shoreline Critical Area Regulations
A. Incorporation and applicability. SVMC 21.30 Floodplain Regulations are incorporated by
reference herein and apply to all uses, activities, and structures within frequently flooded
areas.
B. Additional critical areas report requirements for frequently flooded areas. In addition to
the critical area report requirements in SVMC 21.50.500, critical area reports for
frequently flooded areas shall include:
1. A site plan showing:
a. All areas of a special flood hazard within 200 feet of the project area, as
indicated on the flood insurance map(s);
b. Floodplain (100-year flood elevation), 10- and 50-year flood elevations,
floodway, other critical areas, buffers, and shoreline areas; and
C. Elevation of the lowest floor (including basement) of all structures, and
the level to which any nonresidential structure has been flood proofed.
Alterations of natural watercourses shall be avoided, if feasible. If
unavoidable, the critical area report shall include:
i. A description of and plan showing the extent to which a
watercourse will be altered or relocated;
ii. A maintenance plan that provides maintenance practices for the
altered or relocated portion of the watercourse to ensure that the
flood carrying capacity is not diminished and downstream or
upstream properties are not impacted; and
iii. A description of how the proposed watercourse alteration
complies with the requirements of FWHCAs, the SMP, and other
applicable state or federal permit requirements.
Council Adopicd by Orditrance No. t F-I FI "' ' "'" ' ", "" '_ Clrapler a — Development Regulations
Page 76 of 76
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CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: March 11, 2021
Item: Check all that apply ❑ old business
❑ information
FILE NUMBER: CTA-2020-0004.
® new business ❑ public hearing
® study session ❑ pending legislation
AGENDA ITEM TITLE: Title 24 Building Code Regulations Code Text Amendment.
DESCRIPTION OF PROPOSAL: A City -initiated code text amendment to modify Chapters 24.40 and
24.50 of the Spokane Valley Municipal Code (SVMC) to update relevant code references and add clarifying
language for consistency throughout the SVMC and other adopted codes.
GOVERNING LEGISLATION: SVMC 17.80.150, SVMC 19.30.040, SVMC 24.40, SVMC 24.50,
RCW 19.27.031, RCW 19.27.040, and RCW 36.70A.106.
BACKGROUND: Title 24 adopts the Washington State Building Codes and amendments to such code
per Revised Code of Washington (RCW) 19.27.031 and 19.27.040. The 2018 editions of the
International Building Code, International Residential Code, International Mechanical Code, International
Fire Code, Uniform Plumbing Code, Washington State Energy Code, and portions of the International
Wildland Urban Interface Code, including amendments, became effective throughout Washington State
on February 1, 2021.
The amendment will align the language of Title 24 SVMC with the State adoption of the Codes discussed
above, to implement local amendments including the adoption of portions of the 2018 International Property
Maintenance Code and International Fire Code Appendix Chapters B, C, and D, and to implement clarifying
language related to permit expiration and land disturbance permits.
Staff will discuss the regulations as they exist and discuss the proposed code changes presented for
consideration.
RECOMMENDED ACTION OR MOTION: No action recommended at this time. This item is for
discussion purposes only. A public hearing is scheduled for March 251h 2021.
STAFF CONTACT: Jenny Nickerson, Building Official.
ATTACHMENTS:
1. Title 24 of the SVMC with proposed changes.
2. Powerpoint presentation.
RPCA Study Session — CTA-2020-0004 Title 24 Building Codes Regulations Code Text Amendment Page 1 of 1
Chapter 24.40
CODES ADOPTED
Sections:
24.40.010 General.
24.40.020 Specific.
24.40.030 Local administrative provisions.
24.40.040 Local amendments to the adopted codes.
24.40.010 General.
A. The adopted codes shallse-FegLapply to any structure, equipment, or activity as provided feg .l..te 1.., ke
herein adopted codes. All ._._._..__.. eades are available for viewing, at the Citypei-millt
B. All projects submitted for review and approval must conform to the requirements of this title.
24.40.020 Specific.
A. Pursuant to chapter 19.27 RCW. 19.27A RCW, and chapter 51-50 WAC. there is adopted and in effect within
the Citv the Washington State Building Code. as presently constituted or subsegUently amended together with all
amendments and additions provided in this Title 24 SVMC. The adopted code includes:
1. The International Building Code. current adopted Edition. as published by the International Code
Council. Inc.. Including Washington State Amendments (chapter 51-50 WAC):
2. International Residential Code. current adopted Edition, as published by the International Code
Council. Inc.. including Washington State Amendments (chapter 51-51 WAC):
3. International Energv Conservation Code, current adopted Edition, as published by the International
Code Council. Inc., including Washington State Amendments (chapters 51-1 IC and 51-11R WAC):
4. International Mechanical Code and the International Fuel Gas Code. NFPA 58 and NFPA 54. current
adopted Editions. as published by the International Code Council. Inc.. including Washington State Amendments
(chapter 51-52 WAC):
5. International Fire Code, current adopted Edition. as published by the International Code Council Inc.
including Washington State Amendments (chapter 51-54A WAC): and
6. Uniform Plumbing Code and Uniform Plumbing Code Standards current adopted Edition as published
by the International Association of Plumbing and Mechanical Officials. including Washington State Amendments
(chapter 51-56 WAC). The fellewing eedes, as presently enst.tuted E), subsequeiifly anielided l . the state f
Washington, all as added b
ether with all amendments and additions
provided in this title, are adopted and shall be .. plic-able within the City:
A. Ehapter 51 11 AIAE Washingten State Energy Code
B. Ehapter 51 19—WAE Washington state I4isterie Building Code
G.ChapteF51 503AIAG State Building Code Adeption and Amendment of the intemational Building Code;,
ineludingb f > > > and i and WG ANSI A! Code.
Building Code Adoption and Amendment of the international Residential Code.
_
e b e > >
E. GhapteF 51 52 WAG State Building Gede Adeption and Amendment of the latefflati0flal Nelechanieal Code, the
rt t' IFuel GCade, 1412212A 59 and NFPA CA
CTA-2020-0004 (Title 24 updates) Page 1 of 14 March 3, 2021 draft final vl
BuildingF. Chapter 51 54A WAG State
Code Adeptien and Amendment of the 111tefflational Fore Code..-
Building Plumbing Code.
Building
DI b•.,,, Gede
J
J Plumbing in the event ef eanfliets with the State
Plumbing Gede adoption of the-
Unifemi
building Gede, the state code will prevail. Stieh eanfliets will be reviewed and a detei-mination issu
the designee,
JB44. The Citv herebv adopts the 200189 Edition of the International Property Maintenance Code, current adopted
Edition. as published by the International Code Council. Inc., except Sections 106, 111, 302.3, 302.4, 302.8,403;
304.2, 304.8, 304.13 through 304.199 305.3, 305.6, 308, 309.2 through 309.5, 404.1, 506.3, 507, and 606 are not
adopted. The adopted International Propertv Maintenance Code is further hereby amended as provided in this Title
24 SVMC The adopted International Property Maintenance Code is in addition and supplemental to any and all
other adopted codes and regulations and applies to anv and all existing structures and premises: equipment.
facilities and fixtures: liLdit ventilation. space heating. sanitation. life and fire safety hazards: responsibilities of
owners operators and Occupants: and occupancv of existin<� premises and structures: and such other matters as
contained therein.
24.40.030 Local ..a..,inistratiy-e provisions.
A. Thet;provisions contained in the codes adopted in SVMC 24.40.020 shall apply unless specifically
amended by this section or-SNIMG 24.40.04OTitle 24 SVNIC.
B. The following provisions amend all codes adopted by SVMC 24.40.020. Any provisions related to fees, time
limitation of application and permit expiration in any of the codes adopted in SVMC 24.40.020 are not adopted,
including but not limited to International Building Code subsections 105.3.2 and 105.5 as adopted by Chapter 51-50
WAC, and International Residential Code subsections R105.3.2 and R105.5 as adopted by Chapter 51-51 WAC.
C. Projects subject to regulation under this chapter vest to the state code edition under which a complete application
was accepted.
1. Time Limitation of Application. Applications are valid for a minimum ef ne year. One or more
extensions of time may be granted for a term of not more than at least-180 days but shall not exceed the
time remaining in the code cycle to which the application is vested. Any request for extension shall be
made in writing. All permit applications regulated by this title shall be deemed to be abandoned and
become null and void if a permit is not issued within the time limitsaiiens described herein.
a. Applications that have expired subject to this section have no vested right to review under the state code
or Spokane Valley Municipal Code in effect at the time of original complete application.
b. For review to continue on a project for which the application has expired, a new permit application
must be submitted and a new fee paid. The application is subject to the processes and requirements of
the Spokane Valley Municipal Code as constituted at the time of the new application. The scope of
application submittal requirements and review process shall be determined by the city manager or
designee.
2. Expiration of Permits. Every permit issued subject to this section shall expire and become invalid unless
the work authorized by such permit is commenced within two years of issuance. One or more extensions
of time may be granted for a term ^ft;eastnot more than 180 days but shall not exceed the time
remaining in the first full code cycle after the code cycle to which the permit is vested. Any such
extension shall be requested in writing.
A permit issued subject to this section shall expire and become invalid if the work authorized by the
permit is not completed within two years after the first required inspection has been made.
CTA-2020-0004 (Title 24 updates) Page 2 of 14 March 3, 2021 draft final v I
a. Permits that have expired subject to this section have no vested right to review under the Spokane
Valley Municipal Code in effect at the time of original complete application acceptance.
b. When a permit expires and the work authorized by the expired permit is not completed, the remaining
work may continue only after a new permit application for the remaining work has been submitted,
approved, and new fees paid. The scope of permit review and fee amount shall be determined by the
e0ty mManager or designee. The fees shall be set to cover actual City costs for services.
c. Compliance Actions. If a permit issued to resolve a code violation expires subject to this section, the
property owner may be subject to the immediate imposition of penalties and remedies authorized by
the Spokane Valley Municipal Code.
3. Permit Ownership. Ownership of a permit issued pursuant to this title inures to the property owner. If the
permit applicant is not the property owner, the applicant shall be held to be an agent of, and acting on
behalf of, the property owner.
4. Fees and Fee Refunds. Application and permit fees shall be collected or refunded subject to the provisions
of the currently adopted Spokane Valley master fee schedule. A permit shall not be valid until the fees
prescribed by the Spokane Valley master fee schedule have been paid in full.
The building official may authorize the refunding of fees in the manner and for the amounts set forth in the
currently adopted Spokane Valley master fee schedule.
5. Work Commencing Before Permit Issuance. Any person who commences any work on a building
structure, electrical, gas, mechanical or plumbing system, before obtaining necessary permits, shall be
subject to an investigation fee in accordance with the current City of Spokane Valley master fee sschedule-
established by the ng authe..:t.. h
The investigation fee shall be equal to and additional to the permit fee that would have been required had a
permit been issued and is owed whether or not a permit is subsequently issued. Payment of the
investigation fee does not vest illegal work or establish any right to a permit.
24.40.040 Local amendments to the adopted codes.
The City herebv amends the adopted State Building Code as follows:
A. The International Building Code.
1. Amend Section 105, Permits, as follows:
a. Section 105.2, Work exempt from permit, Building: 1. to read as follows:
One-story detached accessory structures used as tool and storage sheds, playhouses
and similar uses provided the floor area does not exceed 200 square feet (11.15 m'-).
b. Section 105.2, Work exempt from permit, Building: Item 6. to read as follows:
Item 6. Decks, sidewalks and driveways not more than 30 inches (762 mm)
above the lowest adjacent ground level within six feet horizontally of
the edge of the deck, sidewalk or driveway and where a guardrail is not
required by other sections of this code, and not over any basement or
story below and are not part of an accessible route.
CTA-2020-0004 (Title 24 updates) Page 3 of 14 March 3, 2021 draft final vl
B. The International Residential Code.
1_4—Replace Table R301.2(1), Climatic and Geographic Design Criteria, with the following:
GROUND
WIND DESIGN
SEISMI
SUBJECT
TO DAMAGE
WIN
TER
DESI
GN
TEM
P.
ICE
BARRIER
FLOO
AIR
FREEZ
MEA
N
ANN
UAL
TEMP
SNOW
LOAD •
C
DESIG
FROM
D
HAZA
Ultima
Topog
Spec
Windb
Weathe
Frost
Termit
UNDERLA
ING
INDE
Le__
Design
aphic
effects
ial
wind
orne
debris
PL
CATEG
LLng
line
depth
a
YMENT
REQUIRED
RDS
X
Speed
re io
region
DRY
m h
n
39lbs ftz
110
*Nomi
No
No
No
C
Severe
24"
Slight
to
Moder
10°F
Yes
2010
1232
47_2°
*Roo
Snow Load:
FIRM
F
nal
Design
min.30
Ibs
ate
Speed:
85
MANUAL DESIGN CRITERIA'
Elevation
Latitude
Winter
heating
Summer
cooling
Altitude
correction
factor
Indoor design
Design
temperature
Heating
temperature
temperature
cooling
difference
2001
47°N
7°F
89°F
0.94
72°F
75°F
65°F
Cooling
temperature
Wind
velocity
Wind velocity
Coincident wet
Daily range
Winter
humidity
Summer
humidity
heating
cooling
bulb
difference
14°F
15 MPH
7.5 MPH
61
High
30%
50 .
'Manual J Design Criteria may be based on site -specific data in accordance with the Washimoon State Enemv Code.
23. Addmend a subseetien to Section R310.2.5, Emergency escape and rescue openings, as follows:
R310.2_56 Replacement of emergency escape and rescue openings except for replacement
of glazing only in such windows shall be of the size required by this section.
34. Amend Section R322, Flood -resistant construction, as follows:
a. Modify R322.1, General, to add municipal code reference and read as follows:
All development in whole or in part within a designated floodplain shall comply with
SNIA4Echapter 21.30 SVNIC and be designed and constructed in accordance with the
provisions contained in this section.
b. Add a sentence to subsection R322.1.4, Establishing the design flood elevation, such that the section
reads as follows:
The design flood elevation is equal to base flood elevation plus one (1) foot. The
design flood elevation shall be used to define areas prone to flooding, and shall
describe, at a minimum, the base flood elevation at the depth of peak elevation of
flooding (including wave height) which has a 1 percent (100-year flood) or greater
chance of being equaled or exceeded in any given year.
c. Delete item 1 in subsection R322.2.1, Elevation requirements, as amended by Washington State, and
replace with a new item 1 to read as follows:
Buildings and structures in flood hazard areas not designated as Coastal A Zones
shall have the lowest floors elevated to or above base flood elevation plus one foot.
d. Delete item 43 in subsection R322.2.1, Elevation requirements, as amended by Washington State, and
replace with a new item 43 to read as follows:
CTA-2020-0004 (Title 24 updates) Page 4 of 14 March 3, 2021 draft final vl
-lBasement floors that are below grade on all sides shall be elevated to or above base
flood elevation plus one foot.
e. Add a second paragraph to Section R322.3.94, Construction documents, to read as follows:
The documents shall include a verification of foundation elevation prior to footing
inspection approval and a verification of lowest floor elevation to be base flood
elevation plus one foot prior to framing inspection approval.
C. The International Mechanical Code and the International Fuel Gas Code. Reserved.
D. The International Fire Code.
1. Adopt Appendix B Fire Flow Requirements for Buildings.
2. Adopt Appendix C Fire Hvdrant Locations and Distribution. 1.
th last „ „h in Seeti G 105. 1 Hydrant spaeing,fellowsi
Exception: The fiFe ehief is autherized to reduce the nUfflbeF of requiFed hydi-ants by up to 0 when the
building
is equipped with an appFeved, autematie fiFe spFinkler system and the fire ehief has appi-eved the
33. Adopt A+ae:t4 Appendix D Fire Apparatus Access Roads:; amend Section D101.1, to read as follows:
D101.I Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable
requirements of the International Fire Code including the provisions of Section 503 Fire Apparatus Access
Roads.
E. The Uniform Plumbing Code. Reserved.
F. The 2009 r„te.-„..t:„„..l Plumbing Code. Reserved.
J
GF. The lnternatienel Existing Building Cede. Reserved.
GH. The 299918 2018-International Property Maintenance Code.
1. Amend Section 202, General definitions, by adding the following definitions:
a'. Drugbuilding,
identified by the Ghie f e e Police, wherein 1' 1 th f t
Y e
distribute„ r.•.,dHet:,,n or sterage oFillegal d J Y the t t illegal
drugs has take„ „lace : a mannerwhieli .. uld endanger the publie.
4. Blighted property. A property, dwelling, building, or structure which constitutes
blight on the surrounding neighborhood. "Blight on the surrounding neighborhood" is
any property, dwelling, building, or structure that meets any two of the following
factors:
i. A dwelling, building, or structure exists on the property that has not been
lawfully occupied for a period of one year or more;
ii. The property, dwelling, building, or structure constitutes a threat to the public
health, safety, or welfare as determined by the e..eeutive auther e-
''�City manager or designee;
iii. The property, dwelling, building, or structure is or has been associated with
illegal drug activity during the previous twelve months.
b. Drug properties and structures. Any building, structure and/or associated property
identified by the Chief of Police, wherein or upon which the manufacture
CTA-2020-0004 (Title 24 updates) Page 5 of 14 March 3, 2021 draft final v 1
distribution. production or storage of illegal drugs or the precursors to create illegal
drugs has taken place in a manner which could endanger the public.
2. Amend Section 202, General definitions, by deleting the following definitions:
a. Garbage;
b. Housekeeping unit;
c. Inoperable motor vehicle.
3. Amend Section 108, Unsafe structures and equipment, as follows:
a. Add a new subsection 108.8. Blighted properties, to read as follows:
In conformance with RCW 35.80A.010. the City may acquire by condemnation, in
accordance with the notice requirements and other procedures for condemnation
Provided in Title 8 RCW, any property. dwelling. building, or structure which
constitutes a blight on the surrounding neighborhood.
Prior to such condemnation. the City Council shall adopt a resolution declaring, that
the acquisition of the real property described therein is necessary to eliminate
neighborhood blight. Condemnation of propertv. dwellings. buildings. and structures
for the purposes described in this chapter is declared to be for a public use.
eb. Add a new subsection 10869 Drug properties and structures, to read as follows:
Drug properties and/or structures are declared to be unsafe properties or structures
and are a classification of property subject to the special procedures set forth in
Section 108.68. The Building Official is authorized to abate such unsafe buildings,
structures, and/or associated properties in accordance with the procedures set forth in
this code and Washington statute, RGIA1 64 44 010chapter 64.44 RCW, with the
following additional actions:
i. Due to public safety hazard in drug production facilities, all public and private
utilities shall be disconnected.
ii. Building(s) and structures shall be inspected to determine compliance with all
City ordinances and codes.
iii. Building(s) and any entry gates to the property shall be secured against entry
in the manner set forth in this code.
iv. Reconnection of utilities or occupancy of the building(s), structures or
property shall not be allowed until all violations have been addressed, all
dangerous conditions abated and a notice of release for re -occupancy has been
received from the health department and sheriffs office.
v. If dangerous conditions cannot be abated, occupancy shall be prohibited and
the structure and/or property may be subject to condemnation pursuant to
RCW 35.80A.010, Condemnation of blighted property.
ti Add a new b etien 108 7 Blighted .+ pe.a:es ♦e .ead as f 11,.,,,...
dwelling,in eefifei:manee with RPAI 35.80A.010, the City Fnay acquiFe by condemnation, in aeeeFdanee with the nefiee
CTA-2020-0004 (Title 24 updates) Page 6 of 14 March 3, 2021 draft final vl
PFieF to sueh eandeninatien, the City Gouneil shall adopt a resolution
that the aequisition of the Feal
J
JhbeFhead blight.
J + J
4. Replace the code reference, International Plumbing Code, in Sections 502.5 and 505.1, FeneFal, with the
following:
The State adoption of the Uniform Plumbing Code.
5. Delete the text of Section 602.2, Residential occupancies, and replace with the following:
Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 68' F (20' C) in all habitable rooms, bathrooms, and toilet rooms. Cooking
appliances shall not be used to provide space heating to meet the requirements of this
section.
6. Delete the text of Section 602.3, Heat supply, and replace with the following:
Every owner and operator of any building who rents, leases or lets one or more dwelling
units or sleeping units on terms, either expressed or implied, to supply heat to occupants
thereof shall provide heat to maintain a temperature of 68' F (20' C) in all habitable rooms,
bathrooms, and toilet rooms.
7. Replace paragraph one of Section 602.4, Occupiable work spaces, with the following:
Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of 650
F (18' C) during the period the spaces are occupied.
8. Replace the code reference, ICC Electrical Code, in Section 604.2, Service, with the following:
The State adoption of the National Electrical ECode.
CTA-2020-0004 (Title 24 updates) Page 7 of 14 March 3, 2021 draft final v 1
Chapter 24.50
LAND DISTURBING ACTIVITIES
Sections:
24.50.010
General.
24.50.020
Grading permit — General exemptions.
24.50.030
Engineered grading permits.
24.50.040
Regular grading permit.
24.50.050
Grubbing and clearing permit.
24.50.060
Severability.
Prior legislation: Ord. 07-010.
24.50.010 General.
A. General Applicability. This chapter applies to all land disturbing activities, whether or not a permit is required.
All land disturbing activities shall comply with this chapter and the requirements set forth by SVMC Title 21,
Environmental Controls, atfd-22.130.040, Street Sstandards, and Spokane Regional Stormwater iMantlal.-
B. Purpose. The purpose of this chapter is to regulate all land disturbing activities to protect and safeguard the
general health, safety, and welfare of the public residing within the City of Spokane Valley by:
1. Establishing procedures for issuance of permits, plan approval, and inspection of grading construction; and
2. Controlling erosion and preventing sediment and other pollutants from leaving the project site during
construction by implementing best management practices; and
3. Reducing stormwater runoff rates and volumes, soil erosion and non -point source pollution, wherever
possible, through stormwater management controls and to ensure that these management controls are properly
maintained and pose no threat to public safety; and
4. Protecting downstream properties and public infrastructure.
C. Definitions.
1. "Applicant" is the private party or parties desiring to construct a public or private improvement within City
right-of-way, easements, or private property, securing all required approvals and permits from the City, and
assuming full and complete responsibility for the project. The applicant may be the owner or the individual
designated by the owner to act on his behalf.
2. "Clearing and grubbing" includes, but it is not limited to, removing trees, stumps, roots, brush, structures,
abandoned utilities, trash, debris, and all other material found on or near the surface of the ground in the
construction area.
3. "Grading" is the physical manipulation of the earth's surface and/or surface drainage pattern which includes
surcharging, preloading, contouring, cutting, and/or filling. Grading activities fall into two general categories:
engineered grading and regular grading.
4. "Land disturbing activity" results in a change in existing soil cover (vegetative or nonvegetative) or site
topography. Land disturbing activities include, but are not limited to, demolition, construction, clearing and
grubbing, grading and logging.
5. "Site" includes all the parcels included in the project.
D. Permit Required. A separate permit shall be obtained for each site. No land disturbing activity, unless specifically
exempted, shall be performed without first having obtained a permit. The following are the types of permit:
CTA-2020-0004 (Title 24 updates) Page 8 of 14 March 3, 2021 draft final v I
1. Engineered Grading. Refer to SVMC 24.50.020 for general exemptions. Refer to SVMC 24.50.030 for
applicability, additional exemptions, and permit requirements. All engineered grading shall comply with the
Washington State Environmental Policy Act.
2. Regular Grading. Regular grading is grading work that is not required to be engineered. Refer to SVMC
24.50.020 for general exemptions. Refer to SVMC 24.50.040 for applicability, additional exemptions, and
permit requirements.
3. Clearing and Grubbing Permit. Refer to SVMC 24.50.050 for applicability, exemptions, and permit
requirements.
E. Time Limitation of Application.
1. Applications are valid for a minimum ef one year. One or more extensions of time may be granted for a
term of not more than180 days. Any request for extension shall be made in writing All permit applications
regulated by this title shall be deemed to be abandoned and become null and void if a permit is not issued
within the time limitsatiens described herein.
a. Applications that have expired subject to this section have no vested right to review under the
Spokane Valley Municipal Code in effect at the time of original complete application
b. For review to continue on a project for which the application has expired a new permit
application must be submitted and a new fee paid The application is subiect to the processes and
requirements of the Spokane Valley Municipal Code as constituted at the time of the new application The
scope of application submittal requirements and review process shall be determined by the city manager or
designee.
2. Expiration of Permits. Every permit issued subject to this section shall expire and become invalid unless
the work authorized by such permit is commenced within two years of issuance One or more extension of
time may be granted for a term not more than 180 days. Any such extension shall be requested in writing_
A permit issued subiect to this section shall expire and become invalid if the work authorized by the permit
is not completed within two years after the first required inspection has been made
a. Permits that have expired subject to this section have no vested right to review under the
Spokane Valley Municipal Code in effect at the time of original complete application acceptance
b. When a permit expires and the work authorized by the expired permit is not completed the
remaining work may continue only after a new permit application for the remaining work has been
submitted, approved, and new fees paid. The scope of permit review and fee amount shall be determined
by the city manager or designee. The fees shall be set to cover actual City costs for services
c. Compliance Actions. If a permit issued to resolve a code violation expires subject to this
section, the property owner may be subject to the immediate imposition of penalties and remedies
authorized by the Spokane Valley Municipal Code.
3. Permit Ownership. Ownership of a permit issued pursuant to this title inures to the property owner. If the
permit applicant is not the property owner, the applicant shall be held to be an agent of and actin_
behalf of. the property owner.
F-9. Fees. Permit fees, including plan review, shall be assessed in accordance with the currently adopted Spokane
Valley master fee schedule.
GF. Surety. The applicant shall post a surety in an amount determined by the development Ser,.: _
enginGe+City Manager or designee. Acceptable surety instruments are cash savings assignments and letters
of credit issued by a duly chartered financial institution.
CTA-2020-0004 (Title 24 updates) Page 9 of 14 March 3, 2021 draft final v I
HG. Inspection. All land disturbing activities shall be subject to inspection by the development_ se.
_. 'itv E*--;,;eer-Manager or designee. -For all engineered grading permits, special inspection of grading
operations and special testing shall be performed in accordance with the provisions of Chapter SVMC
22.130.040; and the current adopted Street sStandards and Chapter 22.150 SVMC and the current adopted Spokane
Regional Stormwater Manual.
If, during an inspection, site conditions and/or construction of permanent items are found to not be as shown in the
permit application or approved plans, the permit may be deemed invalid. No land disturbing activity shall be
undertaken, or continued, until revised plans have been submitted and approved.
The d el pment seFViees senie { itv Manager or designeegneineeF OF designee engine^~ shall be notified when
work authorized by a permit issued subject to this chapter is ready for final inspection. Final approval shall not be
granted until all work has been completed in accordance with the approved grading plans and any required reports
have been submitted.
144. Hazards. If the development e^engineeF dCity E*�_q�Manager or designee determines that any
land disturbing activity has or may become a hazard to life and limb, endanger property, cause erosion, or adversely
affect drainage, the safety, use, stability of a public way or drainage channel, the owner shall be notified in writing.
The owner is responsible to mitigate the hazard within the time specified by the development se.
City. If not corrected within the identified period, the land disturbing activity shall be deemed to be a
violation pursuant to subsection J I of this section.
J1. Violations. Unless exempt, any land disturbing activity performed without a permit or in violation of any
applicable code or permit condition shall be considered hazardous and a public nuisance, subject to all enforcement
actions and penalties as found in cv�Title 17 SVMC. In addition to any penalties. Athe Citv may assess an
investigation fee may be assessed —for any land disturbing work conducted without a permit. The investigation fee
shall be equal to and additional to the permit fee that would have been required had a permit been issued and is
owed whether or not a permit is subsequently issued. ant to into -. .bona. Building rode Section 108.4_ The
fee is payable prior to the issuance of a permit and is in addition to any applicable permit fees for required permits.
Payment of the investigation fee does not vest the illegal work with any legitimacy, nor does it establish any right to
any permit for continued development of the project.
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to fme&-genalties as
provided in &-V-MC—Title 17 SVMC.
K3. Construction Stormwater Permit. The applicant shall contact the Washington Department of Ecology (Ecology)
to determine if a construction stormwater permit is required. The applicant shall comply with any Ecology
requirements illCluding obtaining necessary Ecology stormwater permits and the conditions of such permit.
LK. Changes in the Field. Revised design information, including revised plans plans -may be required when changes
are made to the design contemplated in the approved grading plans. Except as otherwise provided in the Street
Standards. —bland disturbing activities affected by such changes shall not continue until the revised plans are
reviewed and approved by the development s �gm^ efCity Engineer or designee. (Ord. 09-033 § 6,
2009).
24.50.020 Grading permit — General exemptions.
A grading permit, either engineered grading or regular grading, is not required for the following land disturbing
activities:
A. Excavations which meet all of the following:
1. Are less than three feet in height; and
2. Have slopes flatter than 2:1 (H:V); and
3. Do not exceed 50 cubic yards on any one lot;
CTA-2020-0004 (Title 24 updates) Page 10 of 14 March 3, 2021 draft final v 1
B. Fills which meet all of the following:
1. Are less than two feet in height; and
2. Have slopes flatter than 2:1 (H:V); and
3. Are not intended to support structures; and
4. Do not obstruct a drainage course; and
5. Do not exceed 50 cubic yards on any one lot;
C. An excavation below finished grade for basements and footings of a building, retaining wall, or other structure
authorized by a valid building permit: provided excavation having an unsupported height greater than four feet after
the completion of such structure shall not be exempt. Use of. placement, and fill made with any material from anv
such excavation shall be subiect to the requirements of this chapter and shall not be exempt except as otherwise
provided herein: This shall not eNempt any fill made with the mateFial ffem such eNcavation nor exempt any
havingexeavaiien an uasuppei4ed height b ,
D. Cemetery graves;
E. Refuse disposal sites controlled by other regulations;
F. Excavations to facilitate the septic tank elimination program;
G. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay. provided only —
where such uses are established. authorized, and provided for by law: and provided further such operations do not
affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. This
exemption does not exempt such activities from any other applicable permit including, SEPA review,
H. Exploratory excavations under the direction of a geotechnical engineer or engineering geologists.
24.50.030 Engineered grading permits.
A. Applicability. All grading shall comply with the Washington State Environmental Policy Act SVMC 22.130.040
and the current adopted Street Standards. Spokane Regional Stormwater Manual and applicable stormwater permit
requirements. An engineered grading permit is required for each of the following land disturbing activities: A44--
aradinshall comph, with the WashinE!ton State Envirenmenta-l�, �. SNIMG 2.2.130.040. Street stand&Fds.--
t~ Spokane Reeking! Str M i
1. Grading in excess of 500 cubic yards; a*d
2. Excavations with cut slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet;
a++d
3. Excavations with cut slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet; and
4. Fill slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet; a*J
5. Fill slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet; a*d
6. Grading in the floodplain; a-nd
7. Grading in critical areas identified in SVMC Title 21; apA
8. Grading in a drainage channel; a+4
9. Grading to support a building or structure of a permanent nature; a+td
10. Grading associated with subdivisions pursuant to SVMC Title 20; aFA
CTA-2020-0004 (Title 24 updates) Page 1 1 of 14 March 3, 2021 draft final v 1
11. Grading for engineered driveways, regardless of the amount of excavation or fill required for construction;
a*d
12. Grading for all ponds, water features, and manmade lakes greater than 500 square feet in surface area; aW
City;
143. Grading to support other engineering works such as, but not limited to, tanks, towers, machinery, retaining
walls, and paving; grand
1-54. Projects deemed to be a potential hazard or likely to cause maior land disturbances as determined by City
Nlanager or designee.
B. Exemptions. An engineered grading permit is not required for the following land disturbing activities:
weri already ineluded in a building eFfflit or land aetion applic-ation. but en!", to the w4L-nt rhAwn-
-21. Grading work exempted per SVMC 24.50.020;
2.-andGrading work not meeting the requirements of subsection A of this section. subject to meeting
permitting requirements of SVMC 24.50.040 or SVMC 24.50.050.— in this lnµor nnsa '',o -Fading would b
eensidered ebulaF J b'
C. Engineered Grading Permit Submittal Requirements. The minimum documents required for permit application
are as follows:
1. Completed permit application;
2 Twe sets of all Required plans stamped by a civil engineer licensed in the state of Washington;
3 T,. e sets ^f all rRequired reports, specifications, and supporting information prepared and stamped by a civil
engineer or geologist licensed in the state of Washington;
4. Plans shall demonstrate compliance with the provisions of this title, the Washington State Environmental
Policv Act SVMC 22.130.040 and the current adopted Street Standards. Spokane Regional Stormwater
Manual 93,1n4G 22.130.040, Street stan,tn..a. and all relevant laws, ordinances, rules, and regulations;
5. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum
elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan
elements required in Chapter 4 of the current adopted Street Standards. and SVMC 22.130.040, Street
�-*^~�Lnn aTd-Tas applicable. The TESC plan may also be prepared by a certified erosion and sediment control
technician. All erosion prevention and sediment control measures shall be maintained, including replacement
and repair as needed. These minimum guidelines are not intended to resolve all project soil erosion conditions.
The applicant is responsible for confining all soil on the project site and implementing additional measures as
necessary to accommodate changing or unexpected site and weather conditions;
6. When required by SVMC 22.130.040, Street &Standards, Chapter 5, and/or the develepmeRt se.. i--I
«er` itv E*�--i�Manager or designee, a geotechnical evaluation demonstrating compliance with SVMC
22.130.040, Street sStandards, Chapter 5;
7. As required by law. Ddrainage repett-submittal demonstrating compliance with Chapter 22.150 SVMC,
Spokane Regional Stormwater Manual Chapters 2 and 3;
8. When required by the development s ~g^w�City E��r Manager or designee, a_
geotechnical site characterization (GSC) ~; eleg ' repet4 including an adequate description of the
geology of the site in accordance with the Spokane Regional Stormwater Manual Chapter 4; and
CTA-2020-0004 (Title 24 updates) Page 12 of 14 March 3, 2021 draft final vl
9. SEPA checklist, if required.
D. Engineered Grading Permit Final Acceptance. The following items are required prior to final acceptance:
1. Inspection by a qualified professional hired by the applicant; and
2. As -graded grading plans; and
3. A letter from the inspector that certifies that grading was conducted in accordance with the grading plan.
Certification requirements shall be in compliance with SVMC 22.130.040, Street sStandards.
24.50.040 Regular grading permit.
A. Applicability. All grading shall comply with the Washington State Environmental Policv Act SVMC 22.130.040
and the current adopted Street Standards. Spokane Regional Stormwater Manual and applicable stormwater permit
requirements. �l�r��lin� per„�;r ;r �aq��;��� �� t r .. i a t i n ii , 4
PelieyAet._ and SNN4G 22. An
engineered grading permit shall be required if the project meets the criteria specified in SVMC 24.50.030.
B. Exemptions. A regular grading permit is not required for the following land disturbing activities:
12. Work exempt under SVMC 24.50.020 or already included in an engineered grading permit.
C. Regular Grading Permit Submittal Requirements. The minimum documents required for permit application are as
follows:
1. Completed permit application; and
2. Plans demonstrating compliance with Chapters 4 and 5 of SVMC 22.130.040, Street Staandards, Spokane
Regional Stormwater Manual and all other applicable laws, ordinances, rules and regulations. The name of the
owner and the name of the person who prepared the plan shall be included in all submitted plans and
documents; and
3. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum
elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan
elements required in Chapter 4 of SVMC 22.130.040, Street Sstandards, as applicable. The TESC plan may
also be prepared by a certified erosion and sediment control technician. All erosion prevention and sediment
control measures shall be maintained, including replacement and repair as needed. These minimum guidelines
are not intended to resolve all project soil erosion conditions. The applicant is responsible for confining all soil
on the project site and implementing additional measures as necessary to accommodate changing or unexpected
site and weather conditions.
24.50.050 Grubbing and clearing permit.
A. Applicability. A grubbing and clearing permit is required for each of the following land disturbing activities:
1. All grubbing and clearing activities disturbing 5,000 square feet or more of area; ate
2. Any clearing on slopes, wetlands, erodible soils, critical areas, etc.; a*&r
3. Any removal of trees and vegetation that does not trigger the grading permit requirements.
B. Exemptions. The following land disturbing activities are not required to obtain a clearing and grubbing permit:
1. Commercial agriculture as regulated under RCW 84.34.020. Clearing associated with agricultural uses,
excluding timber cutting not otherwise exempted;
CTA-2020-0004 (Title 24 updates) Page 13 of 14 March 3, 2021 draft final vl
2. Forest practices regulated under WAC Title 222, except for Class IV general forest practices that are
conversions from timberland to other uses;
3. Clearing and grubbing already included in a grading or building permit;
4. The removal of six trees or less per acre per parcel;
5. The removal of trees and ground cover by utility companies in emergency situations; or
6. Routine landscape maintenance and minor repair.
C. Permit Submittal Requirements. The minimum documents required for permit application are as follows:
1. Completed permit application; and
2. Plans demonstrating compliance with Chapters 4 and 5 of SVMC 22.130.040, Street &Standards, and all
other applicable laws, ordinances, rules and regulations; and
3. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum
elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan
elements required in Chapter 4 of SVMC 22.130.040, Street Sstandards, as applicable. The TESC plan may
also be prepared by a certified erosion and sediment control technician. All erosion prevention and sediment
control measures shall be maintained, including replacement and repair as needed. These minimum guidelines
are not intended to resolve all project soil erosion conditions. The applicant is responsible for confining all soil
on the project site and implementing additional measures as necessary to accommodate changing or unexpected
site and weather conditions. (Ord. 09-033 § 6, 2009).
24.50.060 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is determined invalid for any reason in whole or
in part by court, such decision shall not affect the validity of the remaining portions of this chapter.
CTA-2020-0004 (Title 24 updates) Page 14 of 14 March 3, 2021 draft final vl
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Spokane Valley Planning Commission
Regular Meeting Agenda
City Hall Council Chambers, 10210 E. Sprague Ave.
March 11, 2021 6:00 p.m.
1. PLEASE NOTE: Meetings are being held electronically in response to Governor Inslee's
March 24, 2020 Proclamation concerning our recent State of Emergency, which waives and
suspends the requirement to hold in -person meetings and provides options for the public to
attend remotely.
2. Public wishing to make comments will need to email plan►iina�spokanevallev.ore prior to
4:00 pm the day of'the meeting in order to be to speak during the comments period during
the meeting. Comments can also be emailed. Send an email to planning aspokanevalley.ora
and comments will be read into the record or distributed to the Commission members
through email.
3. Link to Zoom Meeting information:
littps:Hspokanevallev.zooi-n.us/i/9395079'j 161
One tap mobile
US: +13462487799„93950793161# or+16699006833„93950793161#
Dial by your location
US: +1 253 215 8782 US (Tacoma)
Meeting ID: 939 5079 3161
4. CALL TO ORDER
5. ROLL CALL
6. APPROVAL OF AGENDA
7. APPROVAL OF MINUTES: February 25, 2021
8. COMMISSION REPORTS
9. ADMINISTRATIVE REPORT
10. PUBLIC COMMENT: On any subject which is not on the agenda.
11. COMMISSION BUSINESS:
a. Public Hearing: Shoreline Master Program, Legislative Update
b. Study Session: CTA-2020-0004: Title 24 Update
12. FOR THE GOOD OF THE ORDER
13. ADJOURNMENT
Meeting Minutes
Spokane Valley Planning Commission
Council Chambers — City Hall
February 25, 2021
I. Planning Commission Chair Bob McKinley called the meeting to order at 6:01 p.m. The
meeting was held remotely via ZOOM meeting.
II. Commissioners, staff and audience stood for the pledge of allegiance.
III. Administrative Assistant Taylor Dillard took roll and the following members and staff were
present:
Fred Beaulac
Karl Granrath
Walt Haneke
Bob McKinley
Nancy Miller
Paul Rieckers
Sherri Robinson, absent
Cary Driskell, City Attorney
Jenny Nickerson, Building Official
Taylor Dillard, Administrative Assistant
Marianne Lemons, Office Assistant
There was a consensus from the Planning Commission to excuse Commissioner Robinson
from the meeting.
IV. AGENDA: Commissioner Beaulac moved to approve the February 25, 2021 meeting agenda
as presented. There was no discussion. The vote on the motion was six in favor, zero against
and the motion passed.
V. MINUTES: Commissioner Granrath moved to approve the February 11, 2021 minutes as
presented. There was no discussion. The vote on the motion was six in favor, zero against
and the motion passed.
VI. COMMISSION REPORTS: There were no Commission Reports.
VII. ADMINISTRATIVE REPORT: There were no Administrative Reports.
VIII. PUBLIC COMMENT: There was no public comment.
IX. COMMISSION BUSINESS:
a. Study Session: Shoreline Master Program — Legislative Update
Senior Planner Chaz Bates introduced Alex Capron with The Watershed Company, who was
hired by the City to assist with the periodic update of the Shoreline Master Program (SMP).
Mr. Bates explained that Washington state law requires that the SMP be reviewed and
updated every eight years. The original SMP was adopted comprehensively in 2015 through
02-25-2021 Planning Commission Minutes
Page 2 of 3
an in-depth process. Due to that process, the update this year includes just the items that are
required by state law.
Mr. Capron gave a presentation explaining the proposed changes to the SMP. He explained
that an SMP is a set of policies and regulations required by state law to protect the
environmental resources of state shorelines, promote public access and enjoyment
opportunities, and give priority to uses that require a shoreline location. The SMP applies to
"Shorelines of the State", which are waterbodies that meet certain criteria and size. In
Spokane Valley, this includes the Spokane River, Shelley Lake, and associated wetlands.
Mr. Capron explained that the state Department of Ecology requires all SMP's to be
reviewed every eight years. This periodic review is intended to keep SMP's current with
amendments to state law, changes in local plans and regulations, and new or improved data
and information. The updated SMP must be adopted by June 30, 2021.
Mr. Capron stated that during the review process they looked at the 27 legislative
amendments, critical areas regulations, and the Comprehensive Plan and municipal code.
The proposed state legislative amendments included updating definitions, exemptions, and
exceptions to be consistent with those in state law. The proposed amendments to the SMP
critical areas will incorporate required City-wide critical areas ordinance updates which will
update wetland buffers within shoreline jurisdiction. It will also provide updates to the Fish
and Wildlife Habitat Conservation areas by adding standards for habitat management plans
requirements and including riparian management zone buffers. Previously, the SMP did not
have regulations set up for streams that weren't shoreline. This amendment will establish
those stream regulations.
Mr. Capron explained that there is an additional "suggested" SMP amendment that the City
has decided to add to their regulations that ensures the Accessory Dwelling Units (ADU) are
permitted like single-family residences. This means that any ADU requests will have to
apply for a shoreline exemption, just like a regular single-family home.
Mr. Capron outlined the adoption timeline. Joint Ecology/City public hearing will be held on
March 11, 2021, submittal to Ecology for initial determination will occur in March 2021,
initial determination response from Ecology should be received in April 2021, Planning
Commission adoption of findings will occur in May 2021, City Council first and second
reading will occur in June 2021, and local adoption of the SMP will occur in June 2021.
Commissioner Haneke requested information about fish -baring streams that feed the river
that would be included in the riparian management zone buffer area. Mr. Capron responded
that he will get that information and present it at the public hearing.
Commissioner Beaulac asked if gravel pits are included in the SMP. Deputy City Attorney
Erik Lamb answered that gravel pits are included once they have been fully reclaimed and if
they are exposed to the aquifer. The City does not currently have any gravel pits that meet
the criteria.
X. GOOD OF THE ORDER: There was nothing for the good of the order.
XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 6:43 p.m.
There was no discussion. The vote on the motion was six in favor, zero against, and the
motion passed.
N
02-25-2021 Planning Commission Minutes
Bob McKinley, Chair Date signed
Deanna Horton, Secretary
Page 3 of
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: March 11, 2021
Item: Check all that apply ❑ old business ❑ new business ® public hearing
❑ information ❑ study session ❑ pending legislation
AGENDA ITEM TITLE: 2021 Shoreline Master Program Update
GOVERNING LEGISLATION: Shoreline Management Act (SMA) under RCW 90.58, Washington Administrative
Code (WAC) 173-26-090, SVMC 17.80.150 and 19.30.040.
PREVIOUS COMMISSION ACTION: Study session on February 25, 2021.
BACKGROUND: The Shoreline Master Program (SMP) is the City's official document to guide development along the
Spokane River and Shelly Lake. Finalized in 2015, the SMP includes goals and polices which are adopted by reference in
the Comprehensive Plan and regulations related to shoreline development that can be found in Chapter 21.50 of the Spokane
Valley Municipal Code (SVMC).
The City is undertaking a periodic review of its SMP, as required by the Washington State Shoreline Management Act
(SMA), RCW 90.58.080. The SMA requires that the SMP be reviewed and revised, if needed, by June 30, 2021. The review
ensures the SMP stays current with changes in laws and rules, remains consistent with other City plans and regulations, and
is responsive to changed circumstances, new information and improved data.
In 2020, the City hired the consultant firm The Watershed Company to conduct the periodic review. Because the SMP was
recently adopted in 2015 after an extensive multi -year public process, the scope of the 2021 periodic review is limited to
changes required to stay current with local and state laws and rules. A summary of the changes to state laws and rules and
their impacts to the City's SMP regulations can be found in the Gap Analysis completed as part of the 2021 periodic review.
Overall, the SMP was found to be consistent with changes in local and state laws. A majority of the changes are minor and
include items such as exemptions, definitions, and administrative procedures. A noteworthy required change was identified
relating to the critical area regulations within shoreline jurisdiction. These regulations will need to be updated to be
consistent with state law and the City's adopted critical area regulations. These regulations reside in Title 21 SVMC
(Environmental Controls) and Chapter 21.40 SVMC (Critical Areas). The critical area regulations were updated in 2016
through the periodic update of the Comprehensive Plan as required by the Growth Management Act.
On February 25, 2021, staff and the City's consultant provided an overview of the proposed SMP amendments and a
summary of the adoption process. Tonight, the Planning Commission will hold a public hearing for the purpose of taking
public testimony on the proposed amendments.
The City has opted to combine the required local and state public comment periods for the draft SMP amendments. The
purpose is to allow a consistent and early public review of the proposed amendments and to streamline the adoption process.
The joint process is open for public comment through Friday, March 12, 2021. At tonight's meeting, Planning Commission
will conduct a public hearing for any verbal testimony. The public hearing will be closed, except to allow any written
comments that are submitted by close of business on Friday, March 12. Planning Commission will then conduct
deliberations on the proposed amendments at its next scheduled meeting.
RECOMMENDED ACTION OR MOTION: No action at this time. However, at the close of the public hearing, the
Chair should identify that the hearing is closed but that written comments will continue to be received until close of business
on Friday, March 12, 2021.
ATTACHMENTS:
1. Staff Report
2. Gap Analysis Memo
3. Draft amendments to the SMP and Definitions
4. Presentation
RPCA Public Hearing for 2021 Shoreline Master Program Update Page 1 of 1
COMMUNITY AND PUBLIC WORKS
ECONOMIC DEVELOPMENT
000*
Scm• or
pokane STAFF REPORT AND RECOMMENDATION TO THE
,,,,oO Valley ` PLANNING COMMISSION
SHORELINE MASTER PROGRAM UPDATE
STAFF REPORT DATE: February 25, 2021
HEARING DATE AND LOCATION: March 11, 2021, beginning at 6:00 p.m., Spokane Valley City Hall
Council Chambers, 10210 East Sprague Avenue, Spokane Valley, Washington 99206.
Due to the restrictions on public gatherings arising from the covid-19 outbreak, and pursuant to Governor
Inslee's Stay Home, Stay Healthy Proclamation (No. 20-25) and Proclamation 20-28 (and associated
extensions), the hearing will be conducted remotely using web and telephone conference tools. A link to
the Zoom meeting will be provided on the Planning Commission's agenda and posted to the City's
webpage: www.spokanevalley.ora/planninacommission.
PROPOSAL DESCRIPTION: Statutorily required update the Shoreline Master Program (SMP) to maintain
consistency with changes in state and local laws and plans. The necessary changes are generally minor and
include items such as exemptions, definitions, administrative procedures, and SMP critical areas
regulations.
APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, 19.30.040.
SUMMARY OF CONCLUSIONS: Staff concludes that the proposed amendments to Chapter 21.50 SVMC are
consistent with the Comprehensive Plan and the criteria for review and approval for code text amendments.
STAFF CONTACT: Chaz Bates, Senior Planner
APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following table
summarizes the procedural steps for the proposal.
Process
Date
Department of Commerce 60-dayNotice
February 12, 2021
SEPA — DNS Issued
February 12, 2021
Publish Notice of Public Hearing:
February 12 and 19, 2021
BACKGROUND:
The Shoreline Master Program (SMP) is the City's required program to govern development along waters
of the state. In the City, the waters of the state include the Spokane River and Shelly Lake. The SMP is
required pursuant to the Shoreline Management Act (ch. 90.58 RCW) and provides additional protections
for development within shoreline buffers to ensure no net loss of ecological functions. The SMP works in
conjunction with and in addition to other applicable development regulations. The SMP consists of a
number of components, including SMP Goals and Policies, Shoreline Environment Designations,
Shoreline Inventory, Shoreline Public Access, Shoreline Restoration Plan, Cumulative Impacts Analysis,
No Net Loss Report, Public Involvement Plan, and Shoreline Regulations. The SMP was initially
adopted pursuant to Ordinance No. 14-020 and is located on the City's website at
http://laserfiche spokanevalley orJWebLink/browse aspx?id=69831 &dbid=0&repo=SpokaneValley, and
Staff Report and Recommendation
2021 Periodic SMP Update
was again adopted by reference in the Comprehensive Plan in 2016. The Shoreline Regulations are
located in Chapter 21.50 of the Spokane Valley Municipal Code (SVMC).
The SMP adopted in 2015 was the result of a multi -year extensive public process that incorporated the SMP
rules made by the state in 2003. As part of the statewide shoreline rules, the City is required to review and
revise the SMP to incorporate changes to local and state laws, rules and plans by June 30, 2021.
In order to assist the City in identifying needed changes to SMPs, the Washington State Department of
Ecology (Ecology) has provided a Periodic Review Checklist summarizing amendments made to state laws
and rules. The checklist is included as an attachment to this staff report and provides an easy resource to
review and track the proposed amendments to the City's SMP. The amendments have been cross-referenced
with the row of the checklist.
The proposed amendments to Chapter 21.50 SVMC are the minimum necessary to maintain consistency
with changes to local and state laws, rules, and plans.
ANALYSIS:
The current SMP adopted in 2015 was a multi -year process developed and adopted with extensive citizen
input. The 2015 SMP was comprehensive in scope incorporating the best available science. Since the SMP
was updated just five years ago, the current 2021 review found that the SMP is generally consistent with
currently applicable local and state laws and rules. The majority of changes are minor in nature and include
items like adding exemptions, definitions, and administrative procedures to be consistent with changes to
state shoreline laws and rules. Another change is replacing the reference of Community Development
Director with City Manager or designee to be consistent with amendments made by the city in 2016.
A noteworthy required change was identified relating to the critical area regulations within shoreline
jurisdiction. The general critical area regulations were updated in 2016 through the periodic update of the
Comprehensive Plan as required by the Growth Management Act and they are currently found in chapter
21.40 SVMC. Staff are proposing to update the shoreline critical areas regulations to remain consistent with
the generally applicable critical areas regulations
Another noted change is to allow Accessory Dwelling Units (ADUs) to be permitted in the same way as a
single-family dwelling. Under the existing SMP, ADUs are required to obtain a Substantial Development
Permit, which could present a barrier to provide this more affordable housing type. The 2017
Comprehensive Plan Housing Element encourages additional affordable housing options such as ADUs,
and by allowing ADUs in a similar way as single-family homes the proposed change removes the potential
barrier ADUs.
Overall, staff have determined that the proposed amendments to chapter 21.50 SVMC meet the requirement
of the of the SMA to review and revise the City's SMP to maintain consistency with state laws, changes to
local plans and regulations, changes in local circumstances, and new or improved data and information.
A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT
AMENDMENT
1. Compliance with Title 17 (General Provisions) of the Spokane Valley Municipal Code
a. Findings:
SVMC 17.80.150(F) Municipal Code Text Amendment Approval Criteria
The City may approve a Municipal Code Text amendment if it finds that:
i. The proposed text amendment is consistent with the applicable provisions of the
Comprehensive Plan;
Page 2 of 3
Staff Report and Recommendation
2021 Periodic SMP Update
Staff Analysis: The proposed amendment is supported by the Comprehensive Pan
and is consistent with the following policy and goal:
H-P2 Adopt development regulations that expand housing choices by allowing
innovative housing types including tiny homes, accessory dwelling units,
pre -fabricated homes, co -housing, cottage housing, and other housing
types.
NR-G3 Ensure that Critical Areas and Shoreline Master Program regulations are
based on best available science and are consistent with required
environmental policy.
ii. The proposed amendment bears a substantial relation to public health, safety, welfare,
and protection of the environment:
Staff Analysis: The proposed amendments bear a substantial relation to public health,
safety, welfare, and protection of the environment. The proposed amendments to the
SMP were identified after a review of changes to local and state laws and ensure that
the SMP is consistent with all applicable laws and rules. The proposed amendments
implement changes to local and state laws and rules including best available science
for wetlands and fish and wildlife habitat conservation areas. The proposed
amendments maintain the vision and goals adopted in the SMP and Comprehensive
Plan.
b. Conclusion(s):
The proposed text amendment is consistent with the approval criteria contained in the SVMC
17.80.150(F).
2. Finding and Conclusions Specific to Public Comments
a. Findings:
No public comments have been received to date.
b. Conclusion(s):
Adequate public noticing was conducted for Periodic Review of the Shoreline Master Program
in accordance with adopted public noticing procedures.
3. Finding and Conclusions Specific to Agency Comments
a. Findings:
No agency comments have been received to date.
b. Conclusion(s):
Comments have been addressed and no concerns noted.
B. CONCLUSION
The proposed updates to the SMP are necessary to maintain consistency with changes to local and
state laws and rules. The proposed text amendments fulfill the City's obligations under state law to
review and revise the SMP.
For the reasons set forth in Section A, the proposed amendments to the SMP are found to be consistent
the Comprehensive Plan and the requirements of SVMC 17.80.150(F).
Page 3 of 3
City of Spokane Valley SMP Periodic Review
Gap Analysis
Prepared on behalf of:
rn�a
pokane
iooI; Valley
City of Spokane Valley
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Prepared by:
THE
WATERSHED
COMPANY
750 Sixth Street South
Kirkland . WA 98033
p 425.822.5242
f 425.827.8136
watershedco.com
February 9, 2021
The Watershed Company Reference Number:
190827
Table of Contents
1. Introduction............................................................................................................................ 1
2. State Laws, Rules & Implementation Gap Analysis................................................................ 2
3. Other Local Plans and Development Regulations Gap Analysis ............................................. 2
I_ ,zt of Table J
Table 3-1. Summary of potential gaps in consistency between the SMP and other local plans
and development regulations....................................................................................... 2
Attachments
Attachment A: Periodic Review Checklist
City of Spokane Valley SMP Periodic Review
Draft Gap Analysis
. Introduction
The Watershed Company
February 9, 2021
In accordance with the Washington State Shoreline Management Act, local jurisdictions with
"Shorelines of the State" are required to conduct a periodic review of their Shoreline Master
Programs (SMPs) (Washington Administrative Code [WAC] 173-26-090). The periodic review is
intended to keep SMPs current with amendments to state laws, changes to local plans and
regulations, changes in local circumstances, and new or improved data and information.
The City of Spokane Valley (City) adopted its current SMP on December 15, 2015 (Ordinance
No. 15-024). Shorelines of the State in the City include Shelley Lake and the Spokane River.
The current SMP outlines goals and policies for shorelines in the City and establishes
regulations for their development (codified in Spokane Valley Municipal Code [SVMC] Chapter
21.50). The current SMP includes regulations for critical areas in shoreline jurisdiction (SVMC
21.50.460—.560).
As a first step in the periodic review process, the City's current SMP was reviewed by City staff
and consultants. The purpose of this SMP Periodic Review Gap Analysis is to present a
summary of the review and inform updates to the SMP. This document is organized into the
following sections:
Section 2, in conjunction with Attachment A, presents the findings of a review for gaps
in consistency between the SMP and state laws, rules and implementation guidance.
• Section 3 presents the findings of a review for gaps in consistency between the SMP and
other local plans and development regulations.
This document includes tables that identify potential revision actions. Where potential revision
actions are identified, they are classified as follows:
• "Mandatory" indicates revisions that are required for consistency with state laws.
• "Recommended" indicates revisions that improve consistency with state laws, but are
not strictly required.
• "Optional" indicates revisions that amend the SMP in accordance with state laws, but
that are not necessarily required or recommended for consistency with state laws.
• "No action necessary" indicates the SMP as written is sufficient and no change is
needed at this time.
City of Spokane Valley SMP Periodic Review
Draft Gap Analysis
The Watershed Company
February 9, 2021
_ State Laws, Rules & Implementation Gap Analysis
The Washington State Department of Ecology's Periodic Review Checklist summarizes recent
amendments to state laws, rules and implementation guidance that may trigger the need for
local SMP amendments during periodic reviews. A completed version of the Periodic Review
Checklist is appended to this document as Attachment A.
Overall, few mandatory amendments are identified, with several more indicated as
recommended or optional. In general, the potential amendments identified in the Periodic
Review Checklist are minor in nature. They include items such as exemptions, definitions, and
administrative procedures. Overall, few mandatory amendments are identified, with several
more indicated as recommended or optional. In general, the potential amendments identified in
the Periodic Review Checklist are minor in nature. They include items such as exemptions,
definitions, and administrative procedures. Additionally, amendments are proposed to carry
over existing language in the City's Critical Areas Ordinance to the SMP.
3. O-Lhei- Locai Plans & ueveloprneni regulations Gap
Analysis
The SMP was reviewed for gaps in consistency with other local plans and development
regulations, including the zoning code. In general, the review found no major inconsistencies,
but did reveal one area where the SMP might be amended to better reflect the priorities of the
Comprehensive Plan. Table 3-1 summarizes a potential gap in consistency between the SMP
and the Comprehensive Plan.
Table 3-1. Summary of potential gaps in consistency between the SMP and other local plans and
development re>ulations.
No.
Topic
Review
Action
1
Permitting for
SVMC 21.50.370.13.6 requires a
Proposed action:
Accessory Dwelling
Shoreline Substantial
Amend Table 21.50-1, Shoreline
Units (ADUs)
Development Permit for ADUs,
Uses, as well as SVMC
whereas new single-family
21.50.370, to allow accessory
residences require a shoreline
dwelling units as part of a
exemption per WAC 173-27-
shoreline exemption, consistent
040(2)(g). The 2017
with WAC 173-27-040(2)(g).
Comprehensive Plan Housing
[Optional]
Element encourages additional
affordable housing options such
as ADUs. The additional
procedural requirements for a
Shoreline Substantial
Development Permit compared to
K
City of Spokane Valley SMP Periodic Review
Draft Gap Analysis
The Watershed Company
February9, 2021
No.
Topic
Review
Action
a shoreline exemption may be a
disincentive to ADU applications.
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
The Watershed Company
February 9, 2021
r'_ca�h�nen� A: P,E.�i`cch n���i'n'A/ �s
The periodic review checklist summarizes amendments to state law, rules and applicable updated
guidance adopted between 2007 and 2019 that may trigger the need for local SMP amendments during
periodic reviews. Per guidance from the Department of Ecology, the city completed the periodic review
checklist to document review considerations and determine if local amendments are needed to
maintain compliance, see WAC 173-26-090(3)(b)(i).
To ease review and track potential amendments, the draft amendments to the city's SMP have been
cross-referenced with the row of the checklist below. For each proposed amendment there is a
comment bubble that references the row in the checklist. For example, the proposed amendment at
21.50.020 D. has the comment "Gap Analysis Attachment A, 2017c", which means the proposed
amendment was in response to a change made in 2017 at row c.
Prepared By
Jurisdiction
Date
Alex Capron, The Watershed
Company
City of Spokane Valley
2/9/2021
Row Summary of change Review
a. OFM adjusted the cost threshold SVMC 21.50.110.G includes
for building freshwater docks outdated cost threshold for
freshwater docks and does
not fully align with the
language in WAC 173-27-040
or RCW 90.58.030(3).
b. The Legislature removed the
There are no DMMP sites in
requirement for a shoreline
City limits. Therefore, this
permit for disposal of dredged
legislative amendment does
materials at Dredged Material
not apply.
Management Program sites
(applies to 9 jurisdictions)
c. The Legislature added restoring
There are no saltwater
native kelp, eelgrass beds and
shorelines in City limits.
native oysters as fish habitat
Therefore, this legislative
enhancement projects.
amendment does not apply.
Action
Proposed action:
Reference the current cost
threshold, in addition to WAC
173-27-040 to ensure the SMP
always reflects the most
current exemption language.
[Optional]
No action necessary.
No action necessary.
1
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
Row Summary of change
a. OFM adjusted the cost threshold
for substantial development to
$7,047.
b. Ecology permit rules clarified the
definition of "development"
does not include dismantling or
removing structures.
C. Ecology adopted rules clarifying
exceptions to local review under
the SMA.
d. Ecology amended rules clarifying
permit filing procedures
consistent with a 2011 statute.
Review
SVMC 21.50.110.A includes
outdated cost threshold for
substantial development,
though it references RCW
90.58.030 and the Office of
Financial Management for
automatic cost threshold
updates.
Definition of "Development"
(Appendix Al, Definitions)
does not clarify that removing
structures does not constitute
"development."
SVMC 21.50.020.D indicates
that remedial actions are
exempt from procedural
requirements of the SMP.
The SMP does not include
specific guidance on permit
filing procedures.
e. Ecology amended forestry use Forestry uses are prohibited
regulations to clarify that forest by the current SMP (Table
The Watershed Company
February 9, 2021
Action
Proposed action:
Reference current cost
threshold under SVMC
21.50.110.A. In addition,
include, "WAC 173-27-040 and
RCW 90.58.030(3), or as
amended" under SVMC
21.50.110 to ensure the SMP
will reflect the most current
exemption language.
[Mandatory]
Proposed action:
Modify the definition of
"Development" to be
consistent with Ecology's
example definition.
[Recommended]
Proposed action:
Reference the exceptions in
WAC 173-27-044 and -045 at
SVMC 21.50.020.D.
[Recommended]
Proposed action:
Add specific guidance on
permit filing procedures to
SVMC 21.50.050.13.9
consistent with Ecology
example language.
[Recommended]
No action necessary.
2
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
Row Summary of change
practices that only involves
timber cutting are not SMA
"developments" and do not
require SDPs.
f. Ecology clarified the SMA does
not apply to lands under
exclusive federal jurisdiction
g. Ecology clarified "default"
provisions for nonconforming
uses and development.
h. Ecology adopted rule
amendments to clarify the scope
and process for conducting
periodic reviews.
i. Ecology adopted a new rule
creating an optional SMP
amendment process that allows
for a shared local/state public
comment period.
Review
21.50-1: Shoreline Uses,
within SVMC 21.50.190,
Shoreline Uses Table).
No federal lands exist within
City shoreline jurisdiction.
The SMP contains its own
provisions regarding
nonconforming uses,
structures and lots under
SVMC 21.50.150. SMP
Appendix A-1, Definitions,
includes definitions of
"Nonconforming structure"
and "Nonconforming use," but
not for "Nonconforming lot."
The SMP does not include
procedures for periodic
reviews, nor is required.
The SMP does not include
procedures for the optional
amendment process, nor is
required.
The Watershed Company
February 9, 2021
Action
No action necessary.
Proposed action:
Add a definition for
"nonconforming lot"
consistent with Ecology's
example language.
[Recommended]
No action necessary.
No action necessary.
j. Submittal to Ecology of proposed The SMP does not include No action necessary.
SMP amendments. procedures for submittal to
Ecology of proposed SMP
amendments.
a. The Legislature created a new
shoreline permit exemption for
retrofitting existing structure to
comply with the Americans with
Disabilities Act.
SVMC 21.50.110 does not
include this exemption.
Proposed action:
Reference WAC 173-27-040
and RCW 90.58.030(3) to
ensure the SMP always
reflects the most current
exemption language.
3
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
Row
b
a.
a.
a
a.
Summary of change
Ecology updated wetlands
critical areas guidance including
implementation guidance for the
2014 wetlands rating system.
The Legislature adopted a 90-day
target for local review of
Washington State Department of
Transportation (WSDOT)
projects.
The Legislature created a new
definition and policy for floating
on -water residences legally
established before 7/1/2014.
The Legislature amended the
SMA to clarify SMP appeal
procedures.
Ecology adopted a rule requiring
that wetlands be delineated in
accordance with the approved
federal wetland delineation
manual.
Review
The SMP references the 2004
wetlands rating system and
does not include the most
recent wetland critical areas
guidance.
The SMP does not
acknowledge WSDOT review
timelines, nor is it required to.
The City does not have any
floating on -water residences,
nor does the SMP allow them
per SVMC 21.50.370.B.4.
SMP does not contain specific
steps or language for
appealing amendments, nor is
it required to.
The SMP, as well as the
Citywide critical areas
regulations in SVMC Chapter
21.40, Critical Areas, require
the use of the current
The Watershed Company
February 9, 2021
Action
Add this exemption to SVMC
21.50.110. [Mandatory]
Proposed action:
Update the SMP wetland
regulations in SVMC 21.50.520
to reference the 2014 wetland
rating system. [Mandatory]
No action necessary.
No action necessary.
No action necessary.
No action necessary.
4
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
Row Summary of change
b.
C.
d.
a.
a.
Ecology adopted rules for new
commercial geoduck
aquaculture.
The Legislature created a new
definition and policy for floating
homes permitted or legally
established prior to January 1,
2011.
The Legislature authorizing a new
option to classify existing
structures as conforming.
The Legislature adopted Growth
Management Act (GMA) —
Shoreline Management Act
(SMA) clarifications.
The Legislature created new
"relief" procedures for instances
in which a shoreline restoration
project within a UGA creates a
shift in Ordinary High -Water
Mark.
Review
approved federal wetland
delineation manual.
There are no saltwater
shorelines in City limits.
Therefore, this legislative
amendment does not apply.
Not applicable. The City does
not have any floating homes,
nor does the SMP allow them
per SVMC 21.50.370.B.4.
The SMP does not classify
existing structures as
conforming, nor is it required
to. Maintenance and repair of
existing structures is allowed.
Alterations to existing
structures that do not
increase nonconformity are
also allowed under SVMC
21.50.150. B.4.
The SMP critical area
regulations in SVMC 21.50.460
through 21.50.560 do not
reflect the GMA - SMA
clarifications.
The SMP does not include or
reference the relief criteria or
procedures in WAC 173-27-
215.
The Watershed Company
February 9, 2021
Action
No action necessary.
No action necessary.
No action necessary.
Proposed action:
Update the SMP to reflect the
GMA — SMA clarifications.
[Mandatory]
Proposed action:
Reference the relief criteria
and procedures in WAC 173-
27-215. [Recommended]
61
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
Row Summary of change
b. Ecology adopted a rule for
certifying wetland mitigation
banks.
c. The Legislature added moratoria
authority and procedures to the
SMA.
a. The Legislature clarified options
for defining "floodway" as either
the area that has been
established in FEMA maps, or the
floodway criteria set in the SMA.
b. Ecology amended rules to clarify
that comprehensively updated
SMPs shall include a list and map
of streams and lakes that are in
shoreline jurisdiction.
c. Ecology's rule listing statutory
exemptions from the
requirement for an SDP was
amended to include fish habitat
enhancement projects that
Review
The SMP, as well as the
Citywide critical areas
regulations in SVMC Chapter
21.40, Critical Areas, address
wetland mitigation banks.
SMP does not reference
moratoria authority. The City
can rely on statute for
moratoria authority and
procedures.
"Floodway" is not defined in
the SMP. However,
"floodway" is defined in SVMC
Appendix A consistent with
the FEMA definition.
The list of shoreline
jurisdictional areas is located
under SVMC 21.50.020.E and
Appendix B, Figure 51 of the
adopted Comprehensive Plan
includes streams and lakes
within the shoreline
jurisdiction.
This exemption is included at
SVMC 21.50.110.0.
The Watershed Company
February 9, 2021
Action
No action necessary.
No action necessary.
No action necessary.
No action necessary.
No action necessary.
L
City of Spokane Valley SMP Periodic Review
Attachment A Periodic Review Checklist
The Watershed Company
February 9, 2021
Row Summary of change Review Action
conform to the provisions of
RCW 77.55.181.
City of Spokane Valley Shoreline Master Program
APPENDIX A-1
SHORELINE MASTER PROGRAM DEFINITIONS
A. General Provisions.
The definitions provided herein are supplemental to the definitions provided in Appendix A and
only apply for use with the City's SMP, including chapter 21.50 Spokane Valley Municipal Code
(SVMC). Solely for purposes of the City's SMP, if a conflict exists between these definitions and
definitions in Appendix A, the definitions in Appendix A-1 shall govern. The definition of any
word or phrase not listed in Appendix A-1 which is ambiguous when administering the SMP
shall be defined by the City's Community Development Director, or his/her designee, from the
following sources in the order listed:
1. Any City of Spokane Valley resolution, ordinance, code, or regulation;
2. Any statute or regulation of the State of Washington;
3. Legal definitions from the Hearings Board, from Washington common law, or the
most recently adopted Black's Law Dictionary; or
4. The most recently -adopted Webster's New Collegiate Dictionary.
B. Definitions.
Accessory or appurtenant structures: A structure that is necessarily connected to the use
and enjoyment of a single-family residence, including garages, sheds, decks, driveways,
utilities, fences, swimming pools, hot tubs, saunas, tennis courts, installation of a septic tank
and drainfield, and grading which does not exceed 250 cubic yards and does not involve
placement of fill in any wetland or waterward of the OHWM.
Agricultural activities: Relating to the science or art of cultivating soil or producing crops to
be used or consumed directly or indirectly by man or livestock, or raising of livestock. The term
has the full meaning as set forth in WAC 173-26-020(3)(a) as adopted or amended.
Amendment: A revision, update, addition, deletion, and/or reenactment to an existing SMP.
Applicant: A person who files an application for permit under the SMP and may be the owner
of the land on which the proposed activity would be located, a contract purchaser, or the
authorized agent of such a person.
Aquaculture: The culture or farming of fish, shellfish, or other aquatic plants and animals.
Associated wetlands: Those wetlands (see "Wetlands" definition) that are in proximity to and
either influence, or are influenced by, a lake or stream subject to the SMA.
Average grade level: The average of the natural or existing topography of the portion of the
lot, parcel, or tract of real property which will be directly under the proposed building or
structure; provided that in case of structures to be built over water, average grade level shall be
the elevation of OHWM. Calculation of the average grade level shall be made by averaging the
elevations at the center of all exterior walls of the proposed building or structure.
Best Management Practices (BMPs): Site -specific design strategies, techniques,
technologies, conservation and maintenance practices, or systems of practices and
management measures that minimize adverse impacts from the development or use of a site.
Bioengineering: Project designs or construction methods which use living plant material or a
combination of living plant material and natural or synthetic materials to establish a complex root
grid within the bank which is resistant to erosion, provides bank stability, and promotes a
Council Adopted by Ordinance 14-020 - December 9, 2014 Appendix AI - Definitions
Page I of8
City of Spokane Valley Shoreline Master Program
healthy riparian environment. Bioengineering approaches may include use of wood structures
or clean angular rock to provide stability.
Boating facilities: Boating facilities include boat launches, ramps, public docks, commercial
docks, and private docks serving more than four residences, together with accessory uses such
as Americans with Disabilities Act -compliant access routes, boat and equipment storage, user
amenities such as benches and picnic tables, and restroom facilities.
Buffer or Shoreline buffer: The horizontal distance from the OHWM or critical area which is
established to preserve shoreline or critical area functions by limiting or restricting development.
See Appendix A-2, Shoreline Buffers Map. Permitted development and activities within buffers
depend on the type of critical area or resource land the buffer is protecting.
Clearing: The destruction or removal of ground cover, shrubs, and trees including, but not
limited to, root material removal and/or topsoil removal.
Commercial uses: Those uses that are involved in wholesale, retail, service, and business
trade. Examples of commercial uses include restaurants, offices, and retail shops.
Conditional use: A use, project, or substantial development which is classified as a conditional
use or is not classified within the SMP.
Degrade: To impair with respect to some physical or environmental property or to reduce in
structure or function.
Development: A use consisting of the construction or exterior alteration of structures; dredging;
drilling; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of
obstructions; or any project of a permanent or temporary nature which interferes with the normal
public use of the surface of the waters overlying lands subject to the SMA at any stage of water
— Commented [ACI]: Attachment A, 2017b
Development regulations: The controls placed on development or land uses by the City,
including, but not limited to, zoning ordinances, building codes, critical areas ordinances, all
portions of the SMP other than goals and policies approved or adopted under chapter 90.58
RCW, planned unit development ordinances, subdivision ordinances, and binding site plan
ordinances together with any amendments thereto.
Dock: A floating platform over water used for moorage of recreational or commercial watercraft.
Dredging: The removal of sediment, earth, or gravel from the bottom of a body of water, for the
deepening of navigational channels, to mine the sediment materials, to restore water bodies, for
flood control, or for cleanup of polluted sediments.
Ecological functions or Shoreline functions: The work performed or role played by the
physical, chemical, and biological processes that contribute to the maintenance of the aquatic
and terrestrial environments that constitute the shoreline's natural ecosystem.
Ecology: Washington State Department of Ecology.
Ecosystem -wide process: The suite of naturally occurring physical and geologic processes of
erosion, transport, and deposition; and specific chemical processes that shape landforms within
a specific shoreline ecosystem and determine both the types of habitat and the associated
ecological functions.
Enhancement: Alteration of an existing resource to improve its ecological function without
degrading other existing functions.
Council Adopted by Ordinance 14-020 - December 9, 2014 Appendix AI - Definitions
Page 2 of 8
City of Spokane Valley Shoreline Master Program
Exemption or Exempt development: Exempt developments are those set forth in WAC 173-
27-040 and RCW 90.58.030(3)(e), RCW 90.58.140(9), RCW 90.58.147, RCW 90.58.355, and
RCW 90.58.515. See also "Shoreline exemption, letter of'.
Feasible: An action, such as a project, mitigation measure, or preservation requirement, which
meets all of the following conditions:
1. The action can be accomplished with technologies and methods that have been
used in the past in similar circumstances, or studies or tests have demonstrated
in similar circumstances that such approaches are currently available and likely
to achieve the intended results;
2. The action provides a reasonable likelihood of achieving its intended purpose;
3. The action does not physically preclude achieving the project's intended legal
use; and
4. In cases where the SMP requires certain actions unless they are infeasible, the
burden of proving infeasibility is on the applicant. In determining an action's
infeasibility, the City may weigh the action's relative public costs and public
benefits, considered in the short- and long-term time frames.
Fill: The addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other
material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that
raises the elevation or creates dry land. Depositing topsoil in a dry upland area for landscaping
purposes is not considered a fill.
Flood hazard reduction: Measures taken to reduce flood damage or hazards. Flood hazard
reduction measures may consist of nonstructural measures, such as setbacks, land use
controls, wetland restoration, dike removal, use relocation, biotechnical measures, and
stormwater management programs, and of structural measures, such as dikes, levees,
revetments, floodwalls, channel realignment, and elevation of structures consistent with the
National Flood Insurance Program.
Footprint: That area defined by the outside face of the exterior walls of a structure.
Forest practices: Any activity relating to growing, harvesting, or processing timber, including,
but not limited to, uses defined in RCW 76.09.020.
Grading: The movement or redistribution of the soil, sand, rock, gravel, sediment, or other
material on a site in a manner that alters the natural contour of the land.
Habitat: The place or type of site where a plant or animal lives and grows.
Habitat enhancement: Actions performed within an existing shoreline, critical area, or buffer to
intentionally increase or augment one or more ecological functions or values, such as increasing
aquatic and riparian plant diversity or cover, increasing structural complexity, installing
environmentally compatible erosion controls, or removing non -indigenous plant or animal
species.
Hearings Board: The Shoreline Hearings Board established by the SMA.
Height: Height is measured from average grade level to the highest point of a structure;
provided that television antennas, chimneys, and similar appurtenances shall not be used in
calculating height; provided further that temporary construction equipment is excluded from this
calculation.
In -stream structure: A structure placed by humans within a stream or river waterward of the
OHWM that either causes or has the potential to cause water impoundment or cause the
diversion, obstruction, or modification of water flow. In -stream structures may include those for
Council Adopted by Ordinance 14-020 — December 9, 2014 Appendix AI - Definitions
Page 3 of 8
City of Spokane Valley Shoreline Master Program
hydroelectric generation, irrigation, water supply, flood control, transportation, utility service
transmission, fish habitat enhancement, recreation, or other purpose.
Industrial uses: Facilities for processing, manufacturing, fabrication, assembly, and storage of
finished or semi -finished products.
Landward: To, or towards, the land in a direction away from a water body.
May: The action is acceptable, provided it conforms to the provisions of this SMP.
Mining: The removal of sand, gravel, soil, minerals, and other earth materials for commercial
and other uses.
Mitigation or Mitigation sequencing: To avoid, minimize, or compensate for adverse impacts.
Native: For the purposes of this SMP, "native" means a plant or animal species that naturally
occurs in Spokane County, or occurred in Spokane County at the time of Euro-American
exploration and settlement, beginning in the early 19" century.
No net loss: The standard for protection of shoreline ecological functions established in RCW
36.70A.480 as adopted or amended, and as that standard is interpreted on an on -going basis
by courts, the Growth Management Hearings Board, or the Hearings Board. The concept of "no
net loss" as used herein, recognizes that any use or development has potential or actual, short-
term or long-term impacts which may diminish ecological function and that through application
of appropriate development standards and employment of mitigation measures in accordance
with mitigation sequencing, those impacts will be addressed in a manner necessary to assure
that the end result will not cumulatively diminish the shoreline resources and values as they
currently exist. Where uses or development that impact ecological functions are necessary to
achieve other objectives of RCW 90.58.020, the no net loss standard protects to the greatest
extent feasible existing ecological functions and favors avoidance of new impacts to habitat and
ecological functions before implementing other measures designed to achieve no net loss of
ecological functions.
Nonconforming structure: A structure within the -shoreline which was lawfully
constructed or established within the application process prior to the effective date of the SMA
or the SMP, or amendments thereto, but which does not conform to present regulations or
standards of the SMP.L__________________________________________________ Commented [Acz]:Attachment A,zovg
Nonconforming use: A shoreline use which was lawfully established or established within the
application process prior to the effective date of the SMA or the SMP, or amendments thereto,
but which does not conform to present regulations or standards of the SMP.
Non water -oriented uses: Any uses that are not water -dependent, water -related, or water -
enjoyment as defined by the SMP.
Off -site mitigation: To replace wetlands or other shoreline environmental resources away from
the site on which a resource has been impacted by an activity.
Ordinary high water mark (OHWM): The mark that will be found by examining the bed and
banks and ascertaining where the presence and action of waters are so common and usual,
and so long continued in all ordinary years, as to mark upon the soil a character distinct from
that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as
Council Adopted by Ordinance 14-010 - December 9, 1014 Appendix AI - Deftnilions
Page 4 of 8
City ojSpokane Valley Shoreline Master Program
it may naturally change thereafter, or as it may change thereafter in accordance with permits
issued by the City, provided that in any area where the OHWM cannot be found, the OHWM
adjoining freshwater shall be the line of mean high water.
Pier: A fixed platform over water used for moorage of recreational or commercial watercraft.
Priority habitats and species: Habitats and species designated by the Washington
Department of Fish and Wildlife as requiring protective measures for their survival due to
population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal
importance. Priority species include State Endangered, Threatened, Sensitive, and Candidate
species; animal aggregations (such as bat colonies) considered vulnerable; and species of
recreational, commercial, or tribal importance that are vulnerable. Washington Department of
Fish and Wildlife maintains maps of known locations of priority habitats and species in
Washington State.
Provisions: Policies, regulations, standards, guideline criteria, or environment designations.
Public access: The ability of the general public to reach, touch, and enjoy the water's edge, to
travel on the waters of the state, and to view the water and the shoreline from adjacent
locations.
Public facilities: Facilities and structures, operated for public purpose and benefit, including,
but not limited to, solid waste handling and disposal, water transmission lines, sewage treatment
facilities and mains, power generating and transfer facilities, gas distribution lines and storage
facilities, stormwater mains, and wastewater treatment facilities.
Qualified professional: A person who, in the opinion of the Director, has appropriate
education, training and experience in the applicable field to generate a report or study required
in this SMP.
1. For reports related to wetlands, this means a certified professional wetland
scientist or a non -certified professional wetland scientist with a minimum of five
years' experience in the field of wetland science and with experience preparing
wetland reports.
2. For reports related to critical aquifer recharge areas, this means a
hydrogeologist, geologist, or engineer, who is licensed in the State of
Washington and has experience preparing hydrogeologic assessments.
3. For reports related to fish and wildlife habitat conservation areas this means a
biologist with experience preparing reports for the relevant type of habitat.
4. For reports related to geologically hazardous areas this means a geotechnical
engineer or geologist, licensed in the State of Washington, with experience
analyzing geologic, hydrologic, and ground water flow systems.
5. For reports related to frequently flooded areas this means a hydrologist or
engineer, licensed in the State of Washington with experience in preparing flood
hazard assessments.
6. For reports related to cultural and archaeological resources and historic
preservation, this means a professional archaeologist or historic preservation
professional.
RCW: Revised Code of Washington.
Recreational use: Commercial and public facilities designed and used to provide recreational
opportunities to the public.
Residential use: Uses for residential purpose.
Council Adopted by Ordinance 14-020 - December 9, 2014 Appendix AI - Definitions
Page 5 or8
City of Spokane Valley Shoreline Muster Progrant
Restore, restoration, or ecological restoration: The reestablishment or upgrading of
impaired ecological shoreline processes or functions. This may be accomplished through
measures including, but not limited to, revegetation, removal of intrusive shoreline structures,
and removal or treatment of toxic materials. Restoration does not imply a requirement for
returning the shoreline area to aboriginal or pre -European settlement conditions.
Riparian area: The interface area between land and a river or stream. The area includes plant
and wildlife habitats and communities along the river margins and banks.
Setback or shoreline setback: The minimum required distance between a structure and the
shoreline buffer that is to remain free of structures.
Shall: An action that is mandatory and not discretionary.
Shorelands or shoreland areas: Those lands extending landward for 200 feet in all directions
as measured on a horizontal plane from the OHWM; floodways and contiguous floodplain areas
landward 200 feet from such floodways; and all wetlands associated with the streams and lakes
which are subject to the provisions of the SMA and the SMP; all of which will be designated as
to location by Ecology.
Shoreline exemption, letter of: Documentation provided by the City that proposed
development qualifies as an Exempt Development (as that term is defined herein) and that the
proposed development is consistent with chapter 21.50 SVMC and other local and state
requirements, including the State Environmental Policy Act as adopted or amended when
applicable.
Shoreline jurisdiction and shoreline areas: All "shorelines of the state" and "shorelands".
Shoreline Management Act (SMA): The Shoreline Management Act of 1971 as set forth in
chapter 90.58 RCW as adopted or amended.
Shoreline Master Program (SMP): The comprehensive use plan applicable to the shorelines
of the state within the City, including the use regulations, together with maps, goals and policies,
and standards developed in accordance with the policies enunciated in RCW 90.58.020.
Shoreline modifications: Those actions that modify the physical configuration or qualities of
the shoreline area, usually through the construction of a physical element such as a dike,
breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can
include other actions, such as clearing, grading, or application of chemicals.
Shoreline permit(s): Means any substantial development, variance, conditional use permit, or
revision authorized under chapter 21.50 SVMC and chapter 90.58 RCW.
Shoreline stabilization: Actions taken to prevent or mitigate erosion impacts to property or
structures caused by shoreline processes such as currents, floods, or wind action. Shoreline
stabilization includes, but is not limited to, structural armoring approaches such as bulkheads,
bulkhead alternatives, and nonstructural approaches such as bioengineering.
Shoreline substantial development permit: A permit required by the SMP for substantial
development within the shoreline jurisdiction.
Shorelines: All of the water areas of the state, including reservoirs, and their associated
shorelands, together with the lands underlying them, except (a) shorelines of statewide
significance; (b) shorelines on segments of streams upstream of a point where the mean annual
flow is 20 cubic feet per second or less and the wetlands associated with such upstream
Council Adopted by Ordinance 14-020 - December 9, 2014 Appendix Al - Definitions
Page 6 of 8
City of Spokane pulley Shoreline Master Program
segments; and (c) shorelines on lakes less than 20 acres in size and wetlands associated with
such small lakes.
Shorelines of statewide significance: Has the meaning as set forth in RCW 90.58.030(2)(0
as adopted or amended.
Shorelines of the state: The total of all "shorelines" and "shorelines of statewide significance"
within the state.
Should: An action which is required unless there is a demonstrated, compelling reason based
on policy of the SMA and the SMP, against taking the action.
Substantial development: Any development of which the total cost or fair market value
exceeds $6,416, or any development which materially interferes with the normal public use of
the water or shorelines of the state. The current thresholds will be adjusted for inflation by the
State Office of Financial Management every five years, beginning from July 1, 2007.
Temporary impact: Impacts to a critical area that are less than one year and expected to be
restored following construction.
Transportation facilities: Facilities consisting of the means and equipment necessary for the
movement of passengers or goods.
Upland: Generally described as the dry land area above and landward of the OHWM.
Utilities: Services and facilities that produce, convey, store or process power, gas, sewage,
water, stormwater, communications, oil, and waste.
Variance: A process to grant relief from the specific bulk, dimensional, or performance
standards through submission of a shoreline variance. A variance is not a means to change the
allowed use of a shoreline.
Viewing platform: A platform located landward of the OHWM used for viewing pleasure.
WAC: Washington Administrative Code.
Water -dependent use: A use or portion of a use which cannot exist in a location that is not
adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its
operations.
Water -enjoyment use: A recreational use or other use that facilitates public access to the
shoreline as a primary characteristic of the use; or a use that provides for recreational use or
aesthetic enjoyment of the shoreline for a substantial number of people as a general
characteristic of the use and which through location, design, and operation ensures the public's
ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a
water -enjoyment use, the use must be open to the general public and the shoreline -oriented
space within the project must be devoted to the specific aspects of the use that fosters shoreline
enjoyment.
Water -oriented use: A use that is water -dependent, water -related, or water -enjoyment, or a
combination of such uses.
Water quality: The physical characteristics of water within the shoreline jurisdiction, including
water quantity, hydrological, physical, chemical, aesthetic, recreation -related, and biological
characteristics.
Water quantity: The flow rate and/or flow volume of stormwater or surface water. Where used
in the SMP, the term "water quantity" refers to uses and/or structures regulated under the SMP
affecting water quantity, such as impermeable surfaces and stormwater handling practices.
Council Adopted by Ordinance 14-020 - December 9, 2014 Appendix AI - Definitions
Page 7 of8
City of Spokane Valley Shoreline Master Program
Water quantity, for purposes of the SMP, does not mean the withdrawal of groundwater or
diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.
Water -related use: A use or portion of a use which is not intrinsically dependent on a
waterfront location but whose economic viability is dependent upon a waterfront location
because:
1. The use has a functional requirement for a waterfront location such as the arrival
or shipment of materials by water or the need for large quantities of water; or
2. The use provides a necessary service supportive of the water -dependent uses
and the proximity of the use to its customers makes its services less expensive
and/or more convenient.
Wetlands: Areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not
include those artificial wetlands intentionally created from non -wetland sites, including, but not
limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands
created after July 1, 1990, that were unintentionally created as a result of the construction of a
road, street, or highway. Wetlands may include those artificial wetlands intentionally created
from non -wetland areas to mitigate the conversion of wetlands.
Council Adopted by Ordinance 14-020 - December 9, 2014 Appendix AI - Definitions
Page 8 of 8
City of Spokane Valley Shoreline kfasier Program
Chapter 4 - CHAPTER 21.50 - SHORELINE REGULATIONS
4.0 Shoreline Permits, Procedures, and Administration
21.50.010 Applicability, Shoreline Permits, and Exemptions
To be authorized, all uses and development activities in shorelines shall comply with the City of
Spokane Valley's (City) Shoreline Master Program (SMP) and the Shoreline Management Act
(SMA) pursuant to RCW 90.58.140(1). All regulations applied within the shoreline shall be
liberally construed to give full effect to the objectives and purposes for which they have been
enacted.
21.50.020 Applicability
A. The SMP shall apply to all shorelands, shorelines, and waters within the City that fall
under the jurisdiction of chapter 90.58 RCW. The Shoreline Designations Map is shown
in Appendix A. These include:
1. Lands extending 200 feet from the ordinary high water mark (OHWM) of waters
that fall under the jurisdiction of chapter 90.58 RCW, in all directions as
measured on a horizontal plane;
2. Floodways and contiguous floodplain areas landward 200 feet from such
floodways;
3. Critical areas within the shoreline and their associated buffer areas; and
4. Lakes that are subject to the provisions of the SMP, as may be amended.
B. Maps depicting the extent of shoreline jurisdiction and shoreline designations are for
guidance only. They are to be used in conjunction with best available science, field
investigations, and on -site surveys to accurately establish the location and extent of the
shoreline jurisdiction when a project is proposed. All areas meeting the definition of a
shoreline or a Shoreline of Statewide Significance, whether mapped or not, are subject
to the provisions of the SMP. Within the City, Shelley Lake is considered a Shoreline of
the State and is subject to the provisions of the SMP. The Spokane River is further
identified as a Shoreline of Statewide Significance.
C. The SMP shall apply to every person, individual, firm, partnership, association,
organization, corporation, local or state governmental agency, public or municipal
corporation, or other non-federal entity that develops, owns, leases, or administers
lands, critical areas, or waters that fall under the jurisdiction of the SMA.
D.
GFee,
re
cnnsent de eFde eF agreed orde ed .n nt to Gha + 7-0 105D RG'A/ a __ Commented [AC3]: Gap Analysis Attachment A, 20Dc
E. Development may require a shoreline permit in addition to other approvals required from
the City, state, and federal agencies.
F. The SMP shall apply whether the proposed development or activity is exempt from a
shoreline permit or not.
Council Aclopred by Ordinance No. 44-024- ^ ." t ", ?' ' ' Chapler 4 - Development Regulations
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City ojSpokane Valley Shoreline Alloster Program
G. Definitions relevant to the SMP are set forth in Appendix A-1. If any conflict occurs
between the definitions found in Appendix A-1, and Appendix A, the definition provided
in Appendix A-1 shall govern.
H. When the provisions set forth in SVMC 21.50 conflict with other provisions of the SMP or
with federal or state regulations, those which provide more substantive protection to the
shoreline shall apply.
21.50.030 Administrative Authority and Responsibility
A. The City Manager has designated
horeline administrator, who shall carry out the
provisions of the SMP and who shall have the authority to act upon the following
matters:
1. Interpretation, enforcement, and administration of the SMP;
2. Modifications or revisions to approved shoreline permits as provided in the SMP;
and
3. Requests for Letters of Exemption.
B. The DirestAr _shall ensure compliance with the provisions of the SMP for all
pp
shoreline permits and approvals processed by the City pursuant to SVMC 21.50.100,
21.50.110, 21.50.130, and 21.50.140.
C. The Direster shall document all project review actions in the shoreline
jurisdiction in order to periodically evaluate the cumulative effects of authorized
development on shoreline conditions, pursuant to WAG 173-26-191(2)(a)(iii)(D).
D. The 9ifestef shall consult with Ecology to ensure that any formal written
interpretations are consistent with the purpose and intent of chapter 90.58 RCW and the
applicable guidelines of chapter 173-26 and 173-27 WAG.
21.50.040 Types of Shoreline Permits
Developments and uses within the shoreline jurisdiction may be authorized through one or more
of the following:
A. Shoreline Substantial Development Permit, pursuant to SVMC 21.50.100, for substantial
development.
B. Shoreline Conditional Use Permit, pursuant to SVMC 21.50.130, for projects identified in
SVMC 21.50.190 or uses not specified in the SMP.
C. Letters of Exemption, pursuant to SVMC 21.50.120, for projects or activities meeting the
criteria of RCW 90.58.030(3)(e) and WAG 173-27-040(2).
D. Shoreline Variance, pursuant to SVMC 21.50.140.
21.50.050 Development Authorization Review Procedure
A. Complete development applications and appeals shall be processed pursuant to SVMC
17.80 Permit Processing Procedures, SVMC 17.90 Appeals, and with any specific
process requirements provided in SVMC 21.50 including:
1. Submittals;
2. Completeness review;
3. Notices;
4. Hearings;
5. Decisions; and
6. Appeals.
Council Adopted by Ordinance No. .-{_424" • •• '" "" '__Chapter a - Development Regalatiats
Page 2 of 76
City of Spokane Valley Shoreline Master Program
The following procedures shall also apply to development authorizations within the
shoreline jurisdiction:
1. The public comment period for Shoreline Substantial Development Permits shall
be 30 days, pursuant to WAC 173-27-110.
2. The public comment period for limited utility extensions and shoreline
stabilization measures for bulkheads to protect a single-family residence and its
appurtenant structures shall be 20 days, pursuant to WAC 173-27-120.
3. For limited utility extensions and bulkheads for a single-family residence, a
decision shall be issued within 21 days from the last day of the comment period,
pursuant to WAC 173-27-120.
4. The effective date of a shoreline permit shall conform to WAC 173-27-090 and
shall be the latter of the permit date, or the date of final action on subsequent
appeals of the shoreline permit, if any, unless the Applicant notifies the shoreline
administrator of delays in other necessary construction permits.
5. The expiration dates for a shoreline permit pertaining to the start and completion
of construction, and the extension of deadlines for those dates shall conform to
WAC 173-27-090 and are:
a. Construction shall be started within two years of the effective date of the
shoreline permit;
b. Construction shall be completed within five years of the effective date of
the shoreline permit;
C. A single one-year extension of the deadlines may be granted at the
discretion of the Birestnr ; and
d. The 9ifeetef may set alternative permit expiration dates as a
condition of the shoreline permit if just cause exists.
6 The decision and the application materials shall be sent to Ecology after the local
decision and any local appeal procedures have been completed, pursuant to
WAC 173-27-130.
7. For Shoreline Substantial Development Permits, Ecology shall file the permit
without additional action pursuant to WAC 173-27-130.
8. For Shoreline Conditional Use permits and Variance decisions, Ecology shall
issue a decision within 30 days of the date of filing, pursuant to WAC 173-27-130
and WAC 173-27-200.
9. The appeal period to the Shorelines Hearings Board of an Ecology action shall
be 21 days from the date of filing I
a. for a Shoreline Substantial Development
Permit_,-erthe issue ate
Variaase _decision
b.
C.
IS
_ — Commented [AC2]: Gap Analysis Attachment A,2o17d
10. The Shorelines Hearings Board will follow the rules governing that body,
pursuant to chapter 90.58 RCW.
Connell Adapted by Ordinance No.-I4_-4-2 I,....... bpi-4---.,,_ n , , Chapter a - Development Regulations
Page 3 of 76
City of Spokane [alley Shoreline Master Program
C. Development applications shall be reviewed for conformance with SVMC 21.50.180
through 21.50.560.
21.50.060 Authorization Decisions - Basis for Action
A. Approval or denial of any development or use within the shoreline jurisdiction shall be
based upon the following:
1. Danger to life and property that would likely occur as a result of the project;
2. Compatibility of the project with the critical area features on, adjacent to, or near
the property, shoreline values and ecological functions, and public access and
navigation;
3. Conformance with the applicable development standards in SVMC 21.50;
4. Requirements of other applicable local, state, or federal permits or
authorizations;
5. Adequacy of the information provided by the Applicant or available to the
sir2stef ; and
6. Ability of the project to satisfy the purpose and intent of the SMP.
B. Based upon the project evaluation, the });rests{ —shall take one of the
following actions:
1. Approve the development or use;
2. Approve the development or use with conditions, pursuant. to SVMC 21.50.070;
or
3. Deny the development or use.
C. The decision by the Direstsf on the development or use shall include
written findings and conclusions stating the reasons upon which the decision is based.
21.50.070 Conditions of Approval
When approving any development or use, the Direster_ may impose conditions to:
A. Accomplish the purpose and intent of the SMP;
B. Eliminate or mitigate any negative impacts of the project on critical areas, and on
shoreline functions;
C. Restore important resource features that have been degraded or lost on the project site;
D. Protect designated critical areas and shoreline jurisdiction from damaging and
incompatible development; or
E. Ensure compliance with specific development standards in SVMC 21.50.
21.50.080 Prohibited Activities and Uses
The following activities and uses are prohibited in all shoreline designations and are not eligible
for a shoreline permit, including a Conditional Use or Shoreline Variance. See Table 21.50-1
and Table 21.50-2.
A. Uses not allowed in the underlying zoning district;
B. Discharge of solid wastes, liquid wastes, untreated effluents, or other potentially harmful
materials;
Council Adopted by Ordinance No. 4-1= 4 - ) •'tea �k+-V, _"" — Chapter a - Development Regulations
Page 4 of 76
City of Spokane Valley Shoreline A4aster Program
C. Solid waste or hazardous waste landfills;
D. Speculative fill;
E. Dredging or dredge material disposal in wetlands;
F. Dredging or dredge material disposal to construct land canals or small basins for boat
moorage or launching, water ski landings, swimming holes, or other recreational
activities;
G. Commercial timber harvest or other forest practices;
H. Agriculture and aquaculture;
I. Non water -oriented Industrial Uses and Mining; and
J. The construction of breakwaters, jetties, groins, or weirs.
21.50.090 Minor Activities Allowed Without a Shoreline Permit or Letter of Exemption
The SMP applies to the following activities, however, they are allowed without a shoreline permit
or Letter of Exemption:
A. Maintenance of existing landscaping (including paths and trails) or gardens within the
shoreline, including a regulated critical area or its buffer. Examples include mowing
lawns, weeding, harvesting and replanting of garden crops, pruning, and planting of non-
invasive ornamental vegetation or indigenous native species to maintain the general
condition and extent of such areas. Removing trees and shrubs within a buffer is not
considered a maintenance activity. See SVMC 21.50.260 for regulations regarding
vegetation removal. Excavation, filling, and construction of new landscaping features
are not considered a maintenance activity and may require a shoreline permit or letter of
exemption.
B. Minor maintenance and/or repair of lawfully established structures that do not involve
additional construction, earthwork, or clearing. Examples include painting, trim or facing
replacement, re -roofing, etc. Construction or replacement of structural elements is not
covered in this provision, but may be covered under an exemption in SVMC
21.50.110(B).
C. Cleaning canals, ditches, drains, wasteways, etc. without expanding their original
configuration is not considered additional earthwork, as long as the cleared materials are
placed outside the shoreline jurisdiction, wetlands, and buffers.
D. Creation of unimproved private trails that do not cross streams or wetlands and which
are less than two feet wide and do not involve placement of fill or grubbing of vegetation.
E. Planting of native vegetation.
F. Noxious weed control outside of buffers pursuant to SVMC 21.50.110(M) except for area
wide vegetation removal/grubbing.
Council Adopted by Ordinance No. 4-4_-422 _ p • -••••' r' '^' ' Chapter 4 - Development Regulations
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City of Spokane Valley Shoreline Master Program
G. Noxious weed control within vegetative buffers, if the criteria listed below is met. Control
methods not meeting these criteria may still apply for a restoration exemption, or other
authorization as applicable:
1. Hand removal/spraying of individual plants only; and
2. No area -wide vegetation removal/grubbing.
Pruning, thinning, or dead or hazardous tree removal pursuant to SVMC 21.50.260(C).
21.50.100 Shoreline Substantial Development Permit Required
A. Classification Criteria - A Shoreline Substantial Development Permit is required for any
substantial development unless the use or development is specifically exempt pursuant
to SVMC 21.50.090 or 21.50.110.
B. Process - Shoreline Substantial Development Permits shall be processed as a Type II
review pursuant to SVMC 17.80 Permit Processing Procedures, subject to the
exceptions set forth in SVMC 21.50.050.
C. Decision Criteria - A Shoreline Substantial Development Permit may be issued when all
applicable requirements of the SMA, WAC 173-27, and the SMP have been met.
21.50.110 Exemptions from Shoreline Substantial Development Permit
The activities listed below I i _ _ are _ - Commented [MD3]: Gap Analysis Attachment A, 2019a, 2017a
exempt from the requirement to obtain a Shoreline Substantial Development Permit_ par-saaat
ese activities still require a letter of exemption and may require a
Shoreline Conditional Use Permit, Shoreline Variance, or other development permits from the
City or other agencies.
If any part of a proposed development is not eligible for a Letter of Exemption, then a Shoreline
Substantial Development Permit is required for the entire proposed development project.
Exemptions shall be construed narrowly. Only those developments that meet the precise terms
of one or more of the listed exemptions may be granted exemptions from the Shoreline
Substantial Development Permit.
A. Any development of which the total cost or fair market value does not exceed
1_.U-416 or as adjusted by the State Office of Financial Management, if such - _ - Commented [AC4]: Gap Analysis Attachment A, 2017a
development does not materially interfere with the normal public use of the water or
Shorelines of the State. For purposes of determining whether or not a Shoreline
Substantial Development Permit is required, the total cost or fair market value shall be
based on the value of development as defined in RCW 90.58.030(�-)( 1. The total c_os_20 t _ - Commented [ACs]: Gap Analysis Attachment A, 17a
or fair market value of the development shall include the fair market value of any
donated, contributed, or found labor, equipment, or materials.
Normal maintenance or repair of existing legally -established structures or developments,
including damage by accident, fire, or elements.
1. Normal maintenance includes those usual acts to prevent a decline, lapse, or
cessation from a lawfully established condition.
2. Normal repair means to restore a development to a state comparable to its
original condition, including but not limited to its size, shape, configuration,
location, and external appearance, within a reasonable period after decay or
partial destruction, except where repair causes substantial adverse effects to the
shoreline resource or environment.
Council Adopted by Ordinance No. 44-_-N_N-„eefii " "" ;_Chapter 4 - Development Regulations
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City of Spokane Valley Shoreline Master Program
Replacement of a structure or development may be authorized as repair where
such replacement is:
a. The common method of repair for the type of structure or development
and the replacement structure or development is comparable to the
original structure or development including but not limited to its size,
shape, configuration, location, and external appearance; and
b. The replacement does not cause substantial adverse effects to shoreline
resources or environment.
C. Construction of a normal protective bulkhead common to residential lots:
1. A normal protective bulkhead includes those structural and nonstructural
developments installed at or near, and parallel to, the OHWM for the sole
purpose of protecting an existing residence and appurtenant structures from loss
or damage by erosion.
2. A normal protective bulkhead is not exempt if constructed for the purpose of
creating dry land. When a vertical or near vertical wall is being constructed or
reconstructed, not more than one cubic yard of fill per one foot of wall may be
used as backfill.
3. When an existing bulkhead is being repaired by construction of a vertical wall
fronting the existing wall, it shall be constructed no further waterward of the
existing bulkhead than is necessary for construction of new footings. When a
bulkhead has deteriorated such that an OHWM has been established by the
presence and action of water landward of the bulkhead then the replacement
bulkhead must be located at or near the actual OHWM.
4. Beach nourishment and bioengineered erosion control projects may be
considered a normal protective bulkhead when any structural elements are
consistent with the above requirements and when the project has been approved
by the Washington State Department of Fish and Wildlife (WDFW).
D. Emergency construction necessary to protect property from damage by the elements.
An "emergency" is an unanticipated and imminent threat to public health, safety, or the
environment that requires immediate action within a time too short to allow full
compliance with Chapter 21.50.
1. Emergency construction does not include development of new permanent
protective structures where none previously existed. Where new protective
structures are deemed by the Director to be the appropriate means to address
the emergency situation, upon abatement of the emergency situation the new
structure shall be removed or any permit that would have been required, absent
an emergency, pursuant to chapter 90.58 RCW, WAC 173-27, or the SMP, shall
be obtained.
2. All emergency construction shall be consistent with the policies and requirements
of chapter 90.58 RCW and the SMP. As a general matter, flooding or other
seasonal events that can be anticipated and may occur but that are not imminent
are not an emergency.
E. Construction or modification of navigational aids such as channel markers and anchor
buoys.
F. Construction on shorelands by an owner, lessee, or contract purchaser of a single-family
residence or appurtenance for their own use or for the use of their family, which
Council Adopled by Ordinance No. ., " "'r ' Chapter 4 - Development Regulations
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City of Spokane Valley Shoreline Master Program
residence does not exceed a height of 35 feet above average grade level, and which
meets all requirements of the City, other than requirements imposed pursuant to chapter
90.58 RCW. Construction authorized under this subsection shall be located landward of
the OHWM.
G. Construction of a dock, including a community dock, designed for pleasure craft only, for
the private non-commercial use of the owner, lessee, or contract purchaser of a single-
family or multiple -family residence. A dock is a landing and moorage facility for
watercraft and does not include recreational decks, storage facilities, or other
appurtenances. This exception applies when the fair market value of the dock does not
exceed S20,000
H. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or
other facilities that now exist or are hereafter created or developed as a part of an
irrigation system for the primary purpose of making use of system waters, including
return flow and artificially stored ground water from the irrigation of lands.
I. The marking of property lines or corners on state-owned lands, when such marking does
not significantly interfere with normal public use of the surface of the water.
J. Operation and maintenance of any system of dikes, ditches, drains, or other facilities
existing on September 8, 1975, which were created, developed, or utilized primarily as a
part of an agricultural drainage or diking system.
K. Any project with a State Energy Facility Site Evaluation Council certification from the
governor pursuant to RCW 80.50.
L. Site exploration and investigation activities that are prerequisite to preparation of an
application for development authorization under this chapter, if:
1. The activity does not interfere with the normal public use of surface waters;
2. The activity will have no significant adverse impact on the environment including
but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic
values;
3. The activity does not involve the installation of any structure, and upon
completion of the activity the vegetation and land configuration of the site are
restored to conditions existing before the activity; and
4. The Applicant first posts a performance surety acceptable to the City to ensure
that the site is restored to pre-existing conditions.
Council Adopted by Ordinance No. 44 -N?(4__ n .ee heFi ,n r 4 Chapter a — Development Regulations
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City of Spokane Valley Shoreline Muster Program
M. Removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through
the use of an herbicide or other treatment methods applicable to weed control published
by the Department of Agriculture or Ecology jointly with other state agencies under RCW
43.21 C.
N. Watershed restoration projects as defined in WAC 173.27.040(2)(o). The Director shall
determine if the project is substantially consistent with the SMP and notify the Applicant
of such determination by letter.
O. A public or private project that is designed to improve fish or wildlife habitat or fish
passage as reviewed by WDFW and all of the following apply:
1. The project has been approved in writing by the WDFW;
2. The project has received hydraulic project approval by the WDFW pursuant to
chapter 77.55 RCW; and
3. The Director has determined that the project is substantially consistent with the SMP and
shall notify the Applicant of such determination by letter.
21.50.120 Letter of Exemption
A. The proponent of an activity exempt from a Shoreline Substantial Development Permit
shall apply for a Letter of Exemption. All activities exempt from the requirement for a
Shoreline Substantial Development Permit shall use reasonable methods to avoid
impacts to critical areas within the shoreline jurisdiction. Being exempt from the
requirements for a Shoreline Substantial Development Permit does not give authority to
degrade a critical area, or shoreline, or ignore risk from natural hazards.
B. The Oirestef shall review the Letter of Exemption request to verify
compliance with the SMP and shall approve or deny such Letter of Exemption.
C. If a Letter of Exemption is issued, it shall be sent to Ecology, the Applicant, and a copy
retained by the City.
D. A Letter of Exemption may contain conditions and/or mitigating conditions of approval to
achieve consistency and compliance with the provisions of the SMP and the SMA.
E. A denial of a Letter of Exemption shall be in writing and shall list the reason(s) for the
denial.
21.50.130 Shoreline Conditional Use Permit
A. Classification Criteria - Shoreline conditional uses are those uses within the shoreline
jurisdiction identified in Table 21.50-1 Shoreline Use Table, which require a Shoreline
Conditional Use Permit.
B. Unclassified uses not specifically identified in Table 21.50-1 may be authorized through
a Shoreline Conditional Use Permit, provided the Applicant can demonstrate consistency
with the requirements of SVMC 21.50.
C. Process - A Shoreline Conditional Use Permit shall be processed as a Type II review
pursuant to SVMC 17.80 Permit Processing Procedures. The Birestef_
shall be the final authority for the City, whose recommendation is then forwarded to
Ecology. Ecology shall have final approval authority pursuant to WAC 173-27-200.
Council Adopted by Ordinance No. 44 -4-24 _ n .,... ,ran ,n, ,_ Chapter a - Development Regulations
Page 9 of 76
City of Spokane Valley Shoreline Master Program
Decision Criteria - The Direster s decision on a conditional use shall be
based upon the criteria set forth in SVMC 19.150.030 and 21.50.060 Conditions and
Requirements, together with the criteria established below. The Applicant shall
demonstrate to the satisfaction of the Direster that the development meets
all of the following criteria:
1. The use is consistent with the policies of RCW 90.58.020;
2. The use will not interfere with the normal public use of public shorelines;
3. The use of the site and design of the project is compatible with other permitted
uses in the area;
4. The use.will cause no significant adverse effects to the shoreline environment
designation in which it is located; and
5. The public interest will suffer no substantial detrimental effect.
Consideration shall be given to the cumulative impact of additional requests for like
actions in the area. For example, if Shoreline Conditional Use Permits were granted for
other developments in the area where similar circumstances exist for similar uses and
impacts, the total cumulative effect of the conditional uses shall also remain consistent
with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to
the shoreline environment.
The burden of proving that the project is consistent with the applicable criteria shall be
upon the Applicant.
21.50.140 Shoreline Variance
A. The purpose of a Shoreline Variance is to grant relief to specific bulk or dimensional
requirements set forth in SVMC 21.50 where extraordinary or unique circumstances
exist relating to the property such that the strict implementation of the standards would
impose unnecessary hardships on the Applicant, or thwart the policies set forth in the
SMA and the SMP.
B. When a development or use is proposed that does not meet requirements of the bulk,
dimensional, and/or performance standards of the SMP, such development may only be
authorized by approval of a Shoreline Variance, even if the development or use does not
require a Shoreline Substantial Development Permit.
C. Process - A Shoreline Variance shall be processed as a Type II review pursuant to
SVMC 17.80 Permit Processing Procedures. Each request for a Shoreline Variance
shall be considered separately and prior to any decision on a development application.
Any decision to approve or conditionally approve the development will include and
specifically cite only those variances approved for inclusion with the project.
D. When a Shoreline Variance is requested, the t3irester - shall be the final
authority for the City. The Direster 's determination shall be provided to
Ecology for review. Ecology shall have final approval authority of Shoreline Variances
pursuant to RCW 90.58.140(10).
E. Decision Criteria - To qualify for a Shoreline Variance, the following shall be required:
1. Demonstrate compliance with the criteria established in SVMC 21.50.060
Authorization Decisions - Basis for Action.
Cozarcil Adopted by Ordinance No. d-_-9?y-___ P ••� � be- -�.. „ ,0 r 1 _ k'Itapter 4 - Developmeiti Regidations
Page 10 of 76
City of Spokane Valley Shoreline Master Program
A Shoreline Variance request for a development or use located landward of the
OHWM, or landward of any wetland shall cite the specific standard or condition
from which relief is requested and be accompanied by evidence that
demonstrates the variance is consistent with all of the items below:
a. That the strict application of a standard precludes, or significantly
interferes with, reasonable use of the property;
b. That the hardship described in subsection (a) is specifically related to the
property, and is a result of unique natural or physical conditions, such as
irregular lot shape, size, or natural features which do not allow compliance
with the standard. The site constraint shall not be the result of a deed
restriction, a lack of knowledge of requirements involved when the property
was acquired, or other actions resulting from the proponent's own actions;
C. The project is generally compatible with other permitted or authorized uses
in the project area, with uses planned for the area under the
Comprehensive Plan and the SMP, and will not cause adverse impacts to
the area;
d. The requested variance would not constitute a grant of special privilege
not enjoyed by other properties in the area, and the variance is the
minimum necessary to afford the requested relief; and
e. That the public interest will suffer no substantial detrimental effect.
A Shoreline Variance request for a development or use located waterward of the
OHWM, or within any wetland shall cite the specific standard or condition from
which relief is requested and be accompanied by evidence that demonstrates the
variance is consistent with all of the items below:
a. That the strict application of a standard would preclude all reasonable use
of the property;
b. That the proposal is consistent with the criteria established under
subsection (2)(b) through (e) of this section; and
C. That the public rights of navigation and use of the shorelines will not be
adversely affected.
In the granting of any Shoreline Variance, consideration shall be given to the
cumulative impact of additional requests for like variances in the area. For
example, if Shoreline Variances were granted to other developments and/or uses
in the area where similar circumstances exist, the total of the variances shall also
remain consistent with the policies of the SMA and SMP and shall not cause
substantial adverse impacts to the shoreline environment.
The burden of proving that a proposed variance meets the criteria of the SMP and WAC
173-27-170 shall be on the Applicant. Absence of such proof shall be a basis for denial
of the application.
21.50.150 Nonconforming Development
A. Classification Criteria —A use, structure, appurtenant structure, or lot is nonconforming if
it was legally established but is inconsistent with a subsequently adopted regulation or
regulations. Lawful uses, structures, appurtenant structures, and lots that are deemed
nonconforming are subject to the provision of this section.
Process and Decision Criteria
Council Adopted by Ordinance No. 4-4 -4-24Pe...,• . n v r , Chapler 4 - Development Regulations
Page 11 of 7G
City of Spokane valley Shoreline Allaster Program
Decisions on projects that require review under this section shall be made
pursuant to SVMC 21.50.060 Authorization Decisions - Basis for Action and the
following criteria.
Legal nonconforming uses and structures shall be allowed to continue with no
additional requirements except as otherwise addressed in this section.
Nonconforming Uses.
a. Additional development of any property on which a nonconforming use
exists shall require that all new uses conform to the SMP.
b. Intensification or expansion of nonconforming uses that will not result in
an increase of nonconformity shall be allowed and will be processed
under these nonconforming provisions as a Type II review, pursuant to
SVMC Title 17.80 Permit Processing Procedures.
C. Change of ownership, tenancy, or management of a nonconforming use
shall not affect its nonconforming status provided that the use does not
change or intensify.
d. If a nonconforming use is converted to a conforming use, a
nonconforming use may not be resumed.
e. Conversion from one nonconforming use to another may only be
approved through a Shoreline Conditional Use Permit pursuant to SVMC
21.50.130(E) if the following additional criteria are met:
i. The property is located within a residential or conservancy
shoreline environment;
ii. The replacement use is either of a similar intensity to the previous
nonconforming use, or is more conforming with the intent of the
applicable Shoreline Environment Policies; and
iii. The impacts to the shoreline ecological functions from the existing
use are reduced by changing the use.
f. When the operation of a nonconforming use is discontinued or
abandoned for a period of 12 consecutive months, the nonconforming use
rights shall expire and the future use of such property shall meet all
current applicable regulations of the SMP.
g. If a conforming building housing a nonconforming use is damaged, the
use may be resumed at the time the building is repaired, provided a
permit application for the restoration is received by the City within 12
months following said damage.
h. Normal maintenance and repair of a structure housing a nonconforming
use may be permitted provided all work is consistent with the provisions
of the SMP.
i. Legally established residences are considered conforming uses.
Nonconforming Structures.
a. A nonconforming structure may be maintained or repaired, provided such
improvements do not increase the nonconformity of such structure and
are consistent with the remaining provisions of the SMP.
b. Alterations to legal nonconforming structures that:
i. Will result in an increase of nonconformity to the structures,
including expanding within the buffer, may be allowed under a
Shoreline Variance pursuant to SVMC 21.50.140; or
ii Do not increase the existing nonconformity and will otherwise
conform to all other provisions of SVMC 21.50 are allowed without
additional review.
Council Adopted by Ordinance No. 14_-4224- " -••••' ••' ", _"" ' Chapter a - Development Regulations
Page 12 of 76
City of Spokane Valley Shoreline Master Program
C. A nonconforming structure that is moved any distance within the shoreline
jurisdiction shall be brought into conformance with the SMP.
d. A damaged nonconforming structure may be reconstructed or replaced,
regardless of the amount of damage if:
i. The rebuilt structure or portion of structure does not expand or
modify the original footprint or height of the damaged structure
unless:
(1). The expansion or modification does not increase
the degree of nonconformity with the current
regulations; and
(2). The reconstructed or restored structure will not
cause additional adverse effects to adjacent
properties or the shoreline environment;
ii. It is not relocated except to increase conformity or to increase
ecological function, in which case the structure shall be located in
the least environmentally damaging location possible;
iii. The permit application to restore the development is made within
12 months of the date the damage occurred; and
iv. Any residential structures, including multi -family structures, may
be reconstructed up to the size, placement, and density that
existed prior to the damage, so long as other provisions of the
SMP are met.
Nonconforming Lots. Legally established nonconforming, undeveloped lots
located landward of the OHWM are buildable, provided that all new structures or
additions to structures on any nonconforming lot must meet all setback, height,
and other construction requirements of the SMP and the SMA.
21.50.160 Minor Revisions to Approved Uses or Developments
A. Classification Criteria - Minor revisions to a project that have been approved under a
shoreline permit are allowed in certain circumstances.
1. Changes that are not substantive are not required to obtain a revision and may
be allowed as part of the original shoreline permit. Examples include, but are not
limited to, minor changes in facility orientation or location, minor changes in
structural design that do not change the height or increase ground floor area, and
minor accessory structures such as equipment covers or small sheds near the
main structure.
2. Substantive changes are those that materially alter the project in a manner that
relates to its conformance with the shoreline permit and SMP requirements.
Such changes may be approved as a minor revision if:
a. The 8ireatG determines that the proposed revision and all
previous revisions are within the scope and intent of the original shoreline
permit;
b. The use authorized with the original shoreline permit does not change;
C. The project revision does not cause additional significant adverse
environmental impacts;
d. No new structures are proposed; and
e. The criteria in SVMC 21.50.160(A)(3) are met.
3. Substantive changes shall comply with the following to be approved as a minor
revision:
Council Adopted by Ordinance No. 4-4_-420- _D .eeiiih�,. a v � � Chapter 4 - Development Regulations
Page 13 of 76
City of Spokane Valley Shoreline Master Program
a. No additional over -water construction shall be involved, except that pier,
dock, or swimming float construction may be increased by 10 percent
from the provisions of the original shoreline permit;
b. Lot coverage and height approved with the original shoreline permit may
be increased a maximum of 10 percent if the proposed revisions do not
exceed the requirements for height or lot coverage pursuant to SVMC
21.50.220 Dimensional Standards and SVMC Title 19 Zoning
Regulations; and
C. Landscaping may be added to a project without necessitating an
application for a new shoreline permit if the landscaping is consistent with
permit conditions (if any) and SVMC 21.50.
Substantive changes which cannot meet these requirements shall require a new
shoreline permit. Any additional shoreline permit shall be processed under the
applicable terms of this chapter.
Process - Requests for minor revisions to existing shoreline permits shall be processed
as a Type I review, pursuant to SVMC Title 17.80 Permit Processing Procedures.
Parties of record to the original shoreline permit shall be notified of the request for
revision, although a comment period is not required. A minor revision for a project within
shoreline jurisdiction shall follow state filing, appeal, and approval standards pursuant to
WAC 173-27-100 Revisions to Permits.
C. Decision Criteria - Decisions on minor revisions shall be pursuant to SVMC 21.50.060
Authorization Decisions — Basis for Action.
21.50.170 Enforcement
A. Enforcement of the SMP, including the provisions of SVMC 21.50, shall be pursuant to
SVMC 17.100. Nothing herein or within SVMC 17.100 shall be construed to require
enforcement of the SMP and SVMC 21.50 in a particular manner or to restrict the
discretion of the Direster in determining how and when to enforce the SMP
and SVMC 21.50; provided all enforcement shall be consistent with the policies of the
SMP and SVMC 21.50.
B. Upon a determination that a violation of the SMP, including SVMC 21.50, has occurred,
no further development may be authorized unless and until compliance with any
applicable shoreline and development permit or process conditions and requirements of
SVMC 21.50 have been achieved to the satisfaction of the Diresta
C. For violations affecting a critical area, the party(s) responsible for the violation and the
owner shall meet the following minimum performance standards to achieve the
restoration requirements, as applicable:
1. A restoration plan shall be prepared and address the following:
a. Restoration of historical structural and functional values, including water
quality and habitat functions;
b. Ensure that replacement soils will be viable for planting and will not create
a less fertile growing conditions;
C. Replacement of native vegetation within the critical area, and buffers with
native vegetation that replicates the vegetation historically found on the
site in species types, sizes, and densities;
Council Adopted by Ordinance No. 44 -4-24- ) " r—" " _"" ' Chapter 4 - Development Regadations
Page 14 of 76
City of Spokane Valley Shoreline Master Program
d. Replication of the historic functions and values at the location of the
alteration;
e. Annual performance monitoring reports demonstrating compliance with
mitigation plan requirements shall be submitted for a minimum two-year
period; and
f. As -built drawings and other information demonstrating compliance with
other applicable provisions of the SMP shall be submitted.
2. The following additional performance standards shall be met for restoration of
frequently flooded areas and geological hazards and be included in the
restoration plan:
a. The hazard shall be reduced to a level equal to, or less than, the pre -
development hazard;
b. Any risk of personal injury resulting from the alteration shall be eliminated;
and
C. The hazard area and buffers shall be replanted with native vegetation
sufficient to minimize the hazard.
3. The Birester--___ may, at the violator's expense, consult with a Qualified
Professional to determine if the plan meets the requirements of the SMP.
Inadequate plans shall be returned to the violator for revision and resubmittal.
Council Adopted by Ordinance No. 1 t_-NYl _ " ° „' r ',.Chapter a - Development Regulations
Page 15 of 76
City of Spokane Malley Shoreline Master Program
4.1 Shoreline Regulations
21.50.180 General provisions
A. General Regulations.
1. Regulations in SVMC 21.50.180 through 21.50.290 are in addition to the specific
use regulations in SVMC 21.50.300 through 21.50.450 and other adopted rules,
including but not limited to the Spokane Valley Municipal Code, the Spokane
Valley Comprehensive Plan, the Spokane Valley Street Standards, and the
Spokane Regional Stormwater Manual, as adopted or amended.
2. All permitted and exempt projects within the shoreline jurisdiction shall ensure
that the no net loss of ecological functions standard is met. SVMC 21.50.210 No
Net Loss and Mitigation Sequencing and SVMC 21.50.260 Shoreline Vegetation
Conservation contain appropriate methods to achieve no net loss of shoreline
ecological function. The City may also condition project dimensions, location of
project components on the site, intensity of use, screening, parking requirements,
and setbacks, as deemed appropriate.
3. All shoreline uses and modifications shall obtain all necessary permits from the
appropriate local, state, and federal agencies and shall operate in compliance
with all permit requirements.
4. Deviations from regulations may be granted through a Shoreline Variance, which
requires approval by both the City and Ecology. Shoreline modifications listed in
Table 21.50-2 as "prohibited" are not eligible for consideration as a Shoreline
Variance.
5. New projects, including the subdivision of land and related construction of single-
family residences, are prohibited when the use or development requires
structural flood hazard reduction or other structural stabilization measures within
the shoreline to support the proposed or future development.
6. When a proposal contains two or more use activities, including accessory uses,
the most restrictive use category shall apply to the entire proposal.
7. Structures, uses, and activities shall be designed and managed to minimize
blocking, reducing, or adversely interfering with the public's visual access to the
water and the shorelines from public lands which are within the shoreline
jurisdiction and excluding public roads.
8. Structures and sites shall be designed with landscaping, vegetated buffers,
exterior materials, and lighting that are aesthetically compatible with the shoreline
environment.
9. When a study is required to comply with SVMC 21.50, it shall be performed by
Qualified Professional registered in the State of Washington.
10. All clearing and grading activities shall comply with SVMC 24.50 Land Disturbing
Activities. Adherence to the following is required during project construction:
a. Materials adequate to immediately correct emergency erosion situations
shall be maintained on site;
b. All debris, overburden, and other waste materials from construction shall
be disposed of in such a manner so as to prevent their entry into a water
body. Such materials from construction shall not be stored or disposed of
on or adjacent to Shorelines of the State;
C. The shoreline buffer shall be clearly marked on the ground prior to and
during construction activities to avoid impacts to the buffer; and
d. Infrastructure used in, on, or over the water shall be constructed using
materials that do not contaminate the water or interfere with navigation.
Council Adopted by Ordinance No. 44_ -IWL ^ ' m " "' r —Chapier 4 - Development Regulations
Page 16 of 76
City of Spokane Valley Shoreline Master Program
B. The City may consult with agencies with expertise or jurisdiction over the resources
during the review of any permit or process to assist with analysis and identification of
appropriate performance measures that adequately safeguard shoreline and critical
areas.
C. The Direster may consult with a Qualified Professional to review a critical
areas reportwhen City staff lack the resources or expertise to review these materials.
The City may require the Applicant to pay for or reimburse the City for the consultant
fees.
21.50.190 Shoreline Uses Table
A. Uses and activities are categorized within each shoreline environment as allowed,
permitted, conditional use, or prohibited, as defined in this section. This priority system
determines the applicable permit or process, administrative requirements, and allows
activities that are compatible with each shoreline designation. Procedures and criteria
for obtaining a Shoreline Substantial Development Permit, Letter of Exemption,
Shoreline Conditional Use Permit, and Shoreline Variance are set forth in SVMC
21.50.040. These uses shall also meet the requirements of SVMC Title 19 Zoning
Regulations.
B. The following terms shall be used in conjunction with Shoreline Use and Modification
Tables provided in SVMC 21.50.190 and SVMC 21.50.200.
Allowed Use: These are uses that are exempt from the shoreline permit review process
and do not require submittal of a Shoreline Substantial Development Permit or
Letter of Exemption application. Projects or uses shall be reviewed to ensure
that all requirements contained in SVMC 21.50 are met. Building permit
applications or site plans are the general method of review.
Permitted Use: These are uses which are preferable and meet the policies of the
particular shoreline environment designation. They require submittal of a
Shoreline Substantial Development Permit or a Letter of Exemption application.
An exemption is subject to an administrative approval process; a Shoreline
Substantial Development Permit requires public notice, comment periods, and
filing with Ecology.
Conditional Use: A Shoreline Conditional Use Permit is intended to allow for flexibility
and the exercise of judgment in the application of regulations in a manner
consistent with the policies of the SMA and the SMP.
Prohibited: These are uses which are viewed as inconsistent with the definition, policies,
or intent of the shoreline environmental designation. For the purposes of the
SMP, these uses are considered inappropriate and are not authorized under any
permit or process.
Table 21.50-1 - Shoreline Uses, below, shall be used to determine the permit or process
required for specific shoreline uses and activities within the shoreline jurisdiction.
Council Aclopted by Mrclitiance A'o. l-F_-424I- n..ee ,. n 1c r c Chapter 4 — Development Regulations
Page 17 of 76
City of Spokane Valley Shoreline Master Program
Table 21.50-1: Shoreline Uses
m
m
T
T
C
C
V
U
p
f6
16
Q!' C
N
W
f6
C
C 3
c v
C:
U
U u'
m R
(D
SHORELINE USES
N =I
N I
7
Q
Agricultural Activities
A uaculture
Boating Facilities (Including
launches, ramps, public/commercial
docks, and private docks serving more
than four residences)
N/A
P
C
'
Commercial Use
Water -dependent
PZ
P2
C
Water -related and water -enjoyment
PZ
PZ
PZ
C
Non water -oriented
p2,3
Forest Practices
Industrial Use
Water -dependent
P
C
Water -related and water -enjoyment
P
Non water -oriented
P3
In -stream Structures
As part of a fish habitat
enhancement project
N/A
P
P
P
P
Other
N/A
I P
P
I
P
Mining
Parking Facilities
Asa prima use
As an accessory/secondaryaccessory/secondary use
P
P
P
I C
Recreational Use
Water -dependent
P
P
P
P
P
Water -related and water -enjoyment
P
P
P
P
P
Non water -oriented
P
P
P
C°
C
Trails and walkwa s
P
P
P
CS
P
Residential Use
Single-family
A
A
A
A
Single-family residential
accessory uses and structures
A
A
A
A
Multi -family
P
P
P
Council Adopted by Ordinance No. 44 _ _ n ., ram. n ,n r __ _Chapter 4 - Development Regedatiats
Page 18 of 76
City of Spokane Palley Shoreline Master Program
Private docks serving one to four
single-family residences
N/A
P
P
P
Accessory Dwellin Units
R
P
R
R
Transportation Facilities
New circulation routes related to
permitted shoreline activities
P
P
C
C
Expansion of existing
circulations stems
P
P
P
P
New, reconstructed, or maintenance of
bridges, trail, or rail crossings
P
P
P
P
P
Public Facilities and Utilities
Public facilities
C
C
C
C
Utilities and utility crossings
C
C
C
C
C
Routine maintenance of existing
utility corridor and infrastructure
A6
A6
A6
P7
A6
KEY: A= Allowed P= Permitted C= Conditional Use Blank= Prohibited N/A= Not
Applicable
Notes:
For Boating Facilities within the aquatic environment, the adjacent upland environment as set
forth on the City Environment Designation Map shall govern (i.e., if the aquatic environment is
adjacent to Shoreline Residential - Waterfront designated shorelines, the use would be
permitted).
2 Commercial uses are allowed in the Shoreline Residential - Upland, Shoreline Residential -
Waterfront and Urban Conservancy Environments only if the underlying zoning of the property is
Mixed Use Center.
3 Permitted only if the applicable criteria in SVMC 21.50.320(B)(1) or 21.50.330(B)(1) are met.
Non water -oriented recreation uses are prohibited in Urban Conservation - High Quality
Shorelines except limited public uses that have minimal or low impact on shoreline ecological
functions, such as the Centennial Trail and appropriately -scaled day use areas which may be
allowed through a Conditional Use Permit.
5 Modifications, improvements, or additions to the Centennial Trail are permitted in the Urban
Conservancy - High Quality Environment.
6 A Letter of Exemption is required if the maintenance activity involves any ground disturbing
activity.
7A Letter of Exemption is required.
21.50.200 Shoreline Modification Activities Table
Table 21.50-2, Shoreline Modification Activities, below, shall be used to determine whether a
specific shoreline modification is allowed in a shoreline environment. Shoreline modifications may
be permitted, approved as a conditional use, or prohibited, pursuant to SVMC 21.50.190.
Shoreline modifications shall also meet the requirements of SVMC Title 19 Zoning Regulations.
Council Adopted by Ordinance No. !-F= IWI-_-Peih, ,ei-,. — n ,4 r , Chapter 4 - Developmew Regedarions
Page 19 of 76
— _ — Commented [AC6]: Gap Analysis, Table 3-1,H1
City of Spokane Valley Shoreline Master Program
Table 21.50-2: Shoreline Modification Activities
To
m
T
T
C
O
R
v
m
v
o
W
Q'
N a+
a' c
N
N-
16
N
d
O
O =
c
c t
U
U C
SHORELINE MODIFICATION
l0
r j
O N
c°
0
n m
=
N
Cr
ACTIVITY
co I
(n I
>
>
a
Shoreline/Slope Stabilization
Structural, such as bulkheads
P
P
Nonstructural, such as soil
bioen ineerin 3
P
P
P
'
Piers and Docks
Piers
N/A
P
C
Viewing Platforms
P
P
P
Docks
N/A
P
C
'
Dredging and Fill
Dredging
C
C
C
C
Fill
C
C
C
C
Shoreline Habitat and Natural
Systems Enhancement Projects
P
P
P
P
P
Groins and Weirs
N/A
C
C
C
KEY: P= Permitted C= Conditional Use Blank= Prohibited N/A= Not Applicable
' For these uses within the aquatic environment, the adjacent upland environment as set forth
on the Environment Designation Map shall govern (i.e., if the aquatic environment is adjacent to
Shoreline Residential - Waterfront designated shorelines, "hard" shoreline stabilization
measures would be allowed by Shoreline Substantial Development Permit).
21.50.210 No Net Loss and Mitigation Sequencing
A. Applicability. This section applies to all shoreline activities, uses, development, and
modifications, including those that are exempt from a Shoreline Substantial
Development Permit.
B. Standards.
1. All projects shall result in no net loss of shoreline ecological functions. The
requirement for no net loss may be met through project design, construction, and
operations. Additionally, this standard may be achieved by following the
mitigation sequencing pursuant to SVMC 21.50.210(B)(4) and SVMC 21.50.260
Shoreline Vegetation Conservation. The City may condition project dimensions,
location of project components on the site, intensity of use, screening, parking
requirements, and setbacks, as deemed appropriate to achieve no net loss of
shoreline ecological function.
2. Required mitigation shall not exceed the level necessary to ensure that the
proposed use or development will ensure no net loss of shoreline ecological
functions.
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Mitigation sequencing pursuant to SVMC 21.50.210(B)(4) is required when
specified in these regulations or for projects that:
a. Involve shoreline modifications;
b. Request a buffer or setback reduction pursuant to SVMC 21.50.230
Shoreline Buffers and Building Setbacks;
C. Are located within a wetland or its buffer; or
d. Will have significant probable adverse environmental impacts that must
be avoided or mitigated.
Mitigation measures shall be applied in the following order:
a. Avoid the impact altogether by not taking a certain action or parts of an
action;
b. Minimize impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology;
C. Rectify the impact by repairing, rehabilitating, or restoring the affected
environment;
d. Reduce or eliminate the impact over time by preservation and
maintenance operations;
e. Compensate for the impact by replacing, enhancing, or providing
substitute resources or environments; and
f. Monitor the impact and the compensation projects and take appropriate
corrective measures, as needed.
21.50.220 Height Limit Standards
A. Applicability. This section applies to all new or redeveloped primary and residential
accessory structures.
B. Standards.
1. The maximum height limit for all new or redeveloped primary structures shall be
35 feet.
2. The maximum height limit for single-family residential accessory or appurtenant
structures shall be 25 feet.
3. These height limit standards may be altered through a Shoreline Variance
pursuant to SVMC 21.50.140.
21.50.230 Shoreline Buffers and Building Setbacks
A. Applicability. This section applies to all new construction, new and expanded uses, and
modifications. Shoreline buffers are shown on the City Shoreline Buffer Map in
Appendix A-2 Shoreline Buffers.
B. Standards.
1. Unless otherwise specified in SVMC 21.50, buffers shall be maintained in
predominantly natural, undisturbed, undeveloped, and vegetated condition.
2. The shoreline buffer shall be clearly marked on the ground prior to and during
construction activities to avoid impacts to the buffer.
3. Shoreline buffers for new and expanded uses may be reduced up to 25 percent
by the Direster if the buffer widths have not been reduced or
modified by any other prior action and one or more of the following conditions
apply:
a. Adherence of the buffer width would not allow reasonable use:
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b. The buffer contains variations in sensitivity to ecological impacts due to
existing physical characteristics; i.e. the buffer varies in slope, soils, or
vegetation. This shall be supported by a Habitat Management Plan
developed in conformance with SVMC 21.50.540(=€)(_2)__; or
C. Where shoreline restoration is proposed consistent with the City's
Restoration Plan.
4. Building Setback from the shoreline buffer shall be as shown in Table 21.50-3:
Table 21.50-3 Buffer Buildinq Setbacks
Environment
Urban
Urban
Shoreline
Shoreline
Conservancy
Conservancy —
Residential -
Residential -
High Quality
Upland
Waterfront
Setback
10 foot
15 foot
0 foot'
0 foot'
A 15-foot building setback from the shoreline buffer shall be required for any
subdivision, binding site plan, or planned residential development in the
Shoreline Residential — Upland and Shoreline Residential — Waterfront
designations.
a. Front, rear, and side setbacks and lot coverage shall conform to the
SVMC Title 19, Zoning Regulations.
21.50.240 Flood Hazard Reduction
A. Applicability. This section applies to development proposals:
1. Intended to reduce flood damage or hazard;
2. To construct temporary or permanent shoreline modifications or structures within
the regulated floodplains or floodways; or
3. That may increase flood hazards.
B. Standards.
1. All proposals shall conform to SVMC 21.30 Floodplain Regulation, SVMC
21.50.340, In -stream Structures and SVMC 21.50.410 Shoreline Modifications.
2. The following uses and activities may be allowed within the floodplain or
floodway:
a. Actions or projects that protect or restore the ecosystem -wide processes
and/or ecological functions;
b. New bridges, utility lines, and other public utility and transportation
structures, with appropriate mitigation, where no other feasible alternative
exists;
C. Repair and maintenance of an existing legal structure, utility corridor, or
transportation structure, provided that such actions do not increase flood
hazards to other uses;
d. Modifications, expansions, or additions to an existing legal use; and
e. Measures to reduce shoreline erosion.
3. Natural in -stream features such as snags, uprooted trees, or stumps shall be left
in place unless an engineered assessment demonstrates that they are causing
bank erosion or higher flood stages.
21.50.250 Public Access
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A. Applicability. This section applies to all new projects by public and private entities.
B. Standards.
1. Public access shall be consistent with the City's SMP Public Access Plan.
2. Public access may only be required as a condition of approval of a Shoreline
Substantial Development Permit or Conditional Use Permit to the extent allowed
by law and in a manner consistent with the City's Public Access Plan, and only in
the following circumstances:
a. The use or development is a public project; or
b. The project is a private use or development and one of the following
conditions exists:
i. The project impacts, interferes with, blocks, discourages, or
eliminates existing access;
ii. The project increases or creates demand for public access that is
not met by existing opportunities or facilities; or
iii. The project impacts or interferes with public use of waters subject
to the Public Trust Doctrine.
3. Public access shall not be required for activities qualifying for a letter of
exemption or new single-family residential development of four or fewer units.
4. All developments, including shoreline permits or letter of exemption applications,
which require or propose public access shall include a narrative that identifies:
a. Impacts to existing access, including encroachment, increased traffic, and
added populations;
b. The access needs of the development consistent with those described for
similar projects in the Public Access Plan, Section Four; and
C. The proposed location, type, and size of the public access.
5. When public access is required pursuant to SVMC 21.50.250(B)(2)(b), the City
shall impose permit conditions requiring public access that are roughly
proportional to the impacts caused or the demand created by the proposed use
or development.
6. Prior to requiring public access as a condition of approval of any shoreline permit
or letter of exemption pursuant to SVMC 21.50.250(B)(2)(b), the sfrestef_
shall determine and make written findings of fact stating that the use or
development satisfies any of the conditions in SVMC 21.50.250(B)(2)(b) and that
any public access required is roughly proportional to the impacts caused or the
demand created by the proposed use or development.
7. When public access is required or proposed, the following shall apply:
a. Mitigation sequencing shall be required to mitigate adverse impacts
resulting from the public access.
b. Visual access to the shoreline may be established if any vegetation
removal is pursuant to SVMC 21.50.260 Shoreline Vegetation
Conservation.
C. Public access sites shall be connected to the nearest public street or
other public access point.
d. Future trails on private property, including trail extensions and new
access points, shall incorporate enhancement and restoration measures
and be contained within a recorded easement.
e. Required public access sites shall be fully developed and available for
public use at the time of occupancy or use of the project or activity.
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Public and private entities may establish user regulations, including hours
of operation, usage by animals or motorized vehicles, and prohibited
activities, such as camping, open fires, or skateboarding. Such
restrictions may be approved by the -Direster as part of the
permit review process.
Public access improvements shall include provisions for disabled and
physically impaired persons where reasonably feasible.
Signage associated with public access shall be pursuant to SVMC
21.50.380 Signs and Outdoor Lighting, and SVMC 22.110 Sign
Regulations.
21.50.260 Shoreline Vegetation Conservation
A. Applicability. Vegetation conservation measures are required for all projects that
propose vegetation removal.
Standards.
1. A vegetation management plan shall be submitted for projects that propose to
remove either of the following within the shoreline jurisdiction:
a. One or more mature native trees greater than 12 inches in diameter at
chest height; or
b. More than 10 square feet of native shrubs and/or native ground cover at
any one time by clearing, grading, cutting, burning, chemical means, or
other activities.
2. When required, a vegetation management plan shall contain the following:
a. A site plan showing:
i. The distribution of existing plant communities in the area proposed
for clearing and/or grading;
ii. Areas to be preserved;
iii. Areas to be cleared; and
iv. Trees to be removed.
b. A description of the vegetative condition of the site that addresses the
following:
i. Plant species;
ii. Plant density;
iii. Any natural or man-made disturbances;
iv. Overhanging vegetation;
V. The functions served by the existing plant community (e.g., fish
and wildlife habitat values, slope stabilization); and
vi. The presence and distribution of noxious weeds.
C. A landscape plan showing:
i. Proposed landscaping, including the species, distribution, and
density of plants; the plan should be pursuant to SVMC
21.50.260(B)(3)(b), if applicable; and
ii. Any pathways or non -vegetated portions, and the materials
proposed.
Projects that propose to remove native vegetation within a shoreline buffer shall
meet the following standards:
a. The Applicant must demonstrate to the Dfrester s
satisfaction that the proposed vegetation removal is consistent with
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SVMC 21.50.210 No Net Loss and Mitigation Sequencing, and that
avoidance is not feasible;
b. Vegetation shall be replaced per the following:
i. 1:1 area ratio for herbaceous vegetation;
ii. 2:1 stem ratio for shrubs and saplings; and
iii. 3:1 ratio for trees greater than 12 inches diameter at breast height
or 2:1 ratio if tree stock is five years old or greater. For native
trees greater than 16 inches diameter at breast height,
replacement tree stock shall be at least five years old;
C. All removed native plants shall be replaced with native vegetation;
removed ornamental plants may be replaced with similar species;
d. Applicant shall submit a vegetation management plan consistent with
SVMC 21.50.260(B)(2) that demonstrates compliance with the standards
of SVMC 21.50.260(B)(3); and
e. Projects that propose a pathway or trail in the shoreline buffer shall meet
the additional following standards:
i. Pathways and trails that are roughly parallel to the OHWM may be
allowed if:
(1) It is a public non -motorized multi -use equestrian or
pedestrian/bike trail;
(2) It is located at the landward edge of the shoreline buffer
with the following exceptions:
(a) When physical constraints, public safety concerns,
or public ownership limitations merit otherwise; or
(b) When the trail will make use of an existing
constructed grade such as those formed by an
abandoned rail grade, road, or utility.
ii. Pathways, trails, and river crossings that are perpendicular to the
water, and lead to the OHWM, shall be sited in a location that has
the least impact to shoreline ecological functions with mitigation
sequencing pursuant to SVMC 21.50.210. Previously altered or
disturbed locations shall be preferred.
iii. All pathways and trails shall be located, constructed, and
maintained so as to avoid, to the maximum extent possible,
removal and other impacts to perennial native vegetation,
including trees, standing snags, forbs, grasses, and shrubs,
consistent with the vegetation management plan.
iv. Alternatives to impervious paving should be considered and are
encouraged.
V. Total trail width, inclusive of shoulders, shall be the minimum
width necessary to achieve the intended use and shall not exceed
14 feet.
vi. Disturbed areas (outside of the designated trail and trail
shoulders) shall be re -vegetated with native vegetation consistent
with the vegetation management plan.
vii. Public, non -motorized multi -use equestrian pedestrian/bike trails
shall only be allowed in the shoreline buffer for the Urban
Conservancy -High Quality environment designation to connect to
or from (in phases or otherwise) an existing regional multi -use
non -motorized trail and only pursuant to SVMC 21.50.260(B).
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viii. Encroachments in the buffer allowed by the exceptions listed
above shall be the minimum necessary to provide for the
permitted use.
A performance surety may be required as a condition of shoreline permit
approval to ensure compliance with the SMP. The performance surety shall be
substantially in the same form and for the same coverage as provided for in the
City's Street Standards as adopted or amended.
Projects that require a critical areas report pursuant to SVMC 21.50.490 shall
incorporate any specific vegetation conservation measures identified in the
critical areas reports for the identified critical areas. Any application of
pesticides, herbicides, fertilizers, or other chemicals proposed in conjunction with
the vegetation removal or management activities shall be addressed by the
report.
C. Minor vegetation conservation activities allowed without a shoreline permit or letter of
exemption.
1. Pruning and thinning of trees or vegetation on public or private land for
maintenance, safety, forest health, and view protection if the criteria listed below
are met:
a. No native vegetation is removed, including thinning;
b. Pruning of native vegetation shall not exceed 30 percent of a tree's limbs.
Tree topping shall not occur;
C. Native shrubs shall not be pruned to a height less than six feet;
d. Pruning any vegetation waterward of the OHWM is prohibited; and
e. Pruning of any vegetation and thinning activities associated with non-
native plants shall ensure the continued survival of vegetation.
Whenever possible, pruning and thinning activities conducted to maintain or
create views shall be limited to areas dominated with non-native vegetation and
invasive species. Pruning and thinning on public land to establish a view for
adjacent properties shall be prohibited unless written approval from the
Washington State Parks Riverside Area Manager is given.
2. Pruning and thinning within a utility corridor by the utility service provider of both
native and non-native trees and vegetation shall be allowed when the following
criteria are met:
a. Reasonable measures to reduce the adverse effects of the activity are
implemented; and
b. No net loss of buffer functions and values occur.
3. Dead or hazardous trees within the shoreline buffer that pose a threat to public
safety or a risk of damage to private or public property may be removed if a letter
from a certified arborist or Qualified Professional is submitted that confirms the
tree is dead or is hazardous and includes:
a. Removal techniques;
b. Procedures for protecting the surrounding area; and
C. Replacement of native trees, if applicable. Where possible, hazard trees
within the shoreline buffer shall be turned into snags.
21.50.270 Water Quality, Stormwater, and Non -Point Pollution
A. Applicability. This section applies to all projects that add any pollution -generating
impervious surfaces. This standard supersedes the regulatory threshold specified in the
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Spokane Regional Stormwater Manual, which is applicable outside the shoreline
jurisdiction.
Regulations.
1. All activities shall comply with the SVMC 22.150 Stormwater Management
Regulations, the Environmental Protection Agency's Underground Injection
Control program, the Eastern Washington Phase II Municipal Stormwater Permit
requirements, applicable total maximum daily loads laws and regulations, and
other water cleanup plans.
2. Use of chemicals for commercial or industrial activities shall be pursuant to
SVMC 21.50.530(C).
3. Herbicides, fungicides, fertilizers, and pesticides shall not be applied within 25
feet of a water body, except by a Qualified Professional in accordance with state
and federal laws.
21.50.280 Archaeological and Historic Resources
A. Applicability. This section applies to:
1. Projects with archaeological and historic resources on site that are either
recorded at the Washington State Department of Archeology and Historic
Preservation (DAHP), or Spokane County;
2. Projects where archaeological and historical resources have been inadvertently
uncovered; or
3. Permit applications that contain a ground -disturbing component.
Standards.
1. Archaeological sites are subject to chapter 27.44 RCW Indian Graves and
Records and chapter 27.53 RCW Archaeological Sites and Records.
Development or uses that may impact such sites shall comply with WAC 25-48
as well as the regulations of this section.
2. A cultural resources site survey or assessment prepared by a Qualified
Professional is required for all shoreline permit applications that contain a
ground -disturbing component if the proposal meets the criteria below, which may
be determined through review of Spokane County and/or DAHP resources:
a. The project is on property known to contain archaeological, historic, or
cultural resources; or
b. The project is in an area mapped as having the potential for the presence
of archaeological, historic, or cultural resources.
3. When required, the cultural resources site survey or assessment shall:
a. Use standard procedures and methods to assess the potential for
presence of archaeological, historic, or cultural resources that could be
impacted by the project;
b. Provide appropriate recommendations for protecting and preserving the
archaeological, historical, or cultural resources;
C. Make an inventory of buildings or structures over 50 years in age located
within the project area in a DAHP Historic Property Inventory Database
entry; and
d. Record archaeological sites located within the project area on DAHP
Archaeological Site Inventory Forms.
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When required, the cultural resources site survey or assessment shall be
circulated to DAHP and affected tribe(s). The Bireeter. I Ishall
consider comments from DAHP and affected tribe(s) prior to approval of the
survey or assessment. Based on the cultural resources site survey or
assessment, the application may be conditioned to ensure that such resources
are protected.
If archaeological, historic, or cultural resources are inadvertently discovered or
uncovered during excavation, the Applicant shall immediately stop work on that
portion of the project site and notify the City. The Applicant may be required to
prepare a cultural resources site survey or assessment pursuant to SVMC
21.50.280(B)(3), after coordinating with DAHP.
21.50.290 Gravel Pits
A. Applicability. This section applies to existing and active gravel pit operations including
but not limited to known gravel pits located at 2010 North Sullivan Road and 220 North
Thierman Road.
B. Standards. Active gravel pits are not regulated as Shorelines of the State until
reclamation is complete and the Washington State Department of Natural Resources
terminates the Surface Mine Reclamation Permit. Proposed subsequent use of mined
property shall be consistent with the provisions of the Urban Conservancy Environment
unless a different environmental designation is established through an amendment
pursuant to WAC 173-26-201.
21.50.300 Specific Shoreline Use Regulations
Applicability. The regulations in SVMC 21.50.300 through 21.50.450 apply to specific common
uses and types of development to the extent they occur within the shoreline jurisdiction.
21.50.310 Boating Facilities
A. Applicability. This section applies to new and existing boating facilities.
Standards.
1. Boating facilities shall:
a. Be allowed only for water -dependent uses or for public access;
b. Be limited to the minimum size and height necessary to achieve the
intended purpose of the facility; and
C. Incorporate measures for cleanup of accidental spills of contaminants.
2. Public boating facilities shall be located only at sites identified in the Public
Access Plan.
3. All new boating facilities shall incorporate public access when required by the
Public Access Plan and SVMC 21.50.250 herein.
4. New launch ramps shall be approved only if public access is provided to public
waters which are not adequately served by existing access facilities because of
location or capacity. Documentation of need shall be required from the Applicant
prior to approval pursuant to SVMC 21.50.250 Public Access.
5. Existing boating facilities may be maintained and repaired pursuant to SVMC
21.50, provided the size is not increased.
6. In addition to the regulations above, boating facilities shall comply with SVMC
21.50.320 Commercial Use, SMVC 21.50.360 Recreational Development and
Use, and SVMC 21.50.430 Piers and Docks, as applicable.
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21.50.320 Commercial Use
A. Applicability. This section applies to all commercial uses.
Standards.
1. New non water -oriented commercial uses shall be prohibited, except within the
Urban Conservancy Environment, where such uses may be permitted if:
a. The use is part of a mixed -use project that includes water -dependent
uses; and
b. Provides a significant public benefit, such as public access or ecological
restoration; or
The site is physically separated from the shoreline by another parcel or
public right-of-way.
2. New commercial uses shall comply with the following criteria:
a. Windows, breezeways, and common areas should be oriented towards
the shoreline or recreational amenities on the site;
b. Buildings should provide at least one main entry that orients toward the
shoreline, not including a service entry;
C. Architectural features that reduce scale shall be incorporated, such as
pitched roofs, offsets, angled facets, and recesses;
d. Building surfaces on or adjacent to the water shall employ materials that
minimize reflected light;
e. Building mechanical equipment, noise generating systems, vents, utility
cabinets, and small scale service elements shall be incorporated into
building architectural features, such as pitched roofs. Where it is not
possible to incorporate into architectural features, a landscaping screen
consistent with SVMC 22.70.030(C) shall be utilized;
f. Screening and buffering, or other visual screen consistent with the
building exterior material and colors, shall be provided that conceals view
of such equipment from the shoreline;
g. Commercial uses shall be screened from any adjacent residential uses by
providing a Type I -Full Screening Buffer pursuant to SVMC 22.70
Fencing, Screening, and Landscaping;
h. Landscaping within the shoreline setback area shall incorporate native
plant materials;
i. Loading docks and maintenance facilities shall be located away from the
shoreline to minimize visual, noise, or physical impacts on the site, street,
adjacent public open spaces, and adjacent properties; and
j. A site plan and landscaping plan shall be submitted showing all the
applicable items listed in SVMC 21.50.320(B)(2).
3. Commercial wireless communication facilities shall not be allowed within the
shoreline jurisdiction.
4. Home occupations shall be allowed within the Shoreline Residential - Upland and
Shoreline Residential - Waterfront designations pursuant to SVMC 19.40.140
Home Occupations.
21.50.330 Industrial Use
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A. Applicability. This section applies to all new Industrial uses, including uses involved in
processing, manufacturing, assembly, and storage of finished or semi -finished goods
and food products.
Standards.
1. New non water -oriented industrial uses shall be prohibited, except within the
Urban Conservancy Environment, where such uses may be permitted if the use
is part of a mixed -use project that includes water -dependent use and:
a. Provides a significant public benefit such as providing public access and
ecological restoration; or
b. The site is physically separated from the shoreline by another parcel or
public right-of-way.
2. Industrial development shall be located, designed, constructed, and operated to
avoid visual impacts to users of the Spokane River and Centennial Trail.
3. New industrial uses shall comply with the requirements of SVMC 21.50.320(B)(2)
and (3).
4. Noise associated with operations or equipment, including volume, repetitive
sound, or beat, shall be muffled or otherwise controlled so that it is not audible at
a distance over 30 feet from the landward boundary of a buffer.
21.50.340 In -Stream Structures
A. Applicability. This section applies to all projects proposing in -stream structures.
B. Standards.
1. In -stream structures shall conform with the requirements of the U.S. Army Corps
of Engineers, WDFW, SVMC 21.50.240 Flood Hazard Reduction, SVMC
21.50.270 Water Quality, Stormwater and Non -Point Pollution, SVMC 21.50.410
General Regulations for Specific Shoreline Modifications, and any other
applicable federal, state, and local requirements.
2. In -stream structures shall provide for the protection and preservation of
ecosystem -wide processes, ecological functions, and cultural resources pursuant
to WAC 173-26-241(3)(g).
21.50.350 Parking Facilities
A. Applicability. This section applies to all new parking facilities.
Regulations.
1. A parking facility is permitted only if:
a. It directly serves a permitted shoreline use, including the Centennial Trail,
direct river access, and use areas; and
b. It is not the primary use; for example, it cannot be a stand-alone parking
facility.
2. Parking facilities serving individual buildings within the shoreline jurisdiction shall
be located:
a. Landward from the principal building being served; or
b. Within or beneath a structure.
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Parking facilities shall be screened from the shoreline and less intense adjacent
land uses by providing a Type I - Full Screening Buffer pursuant to SVMC
22.70.030(B) Fencing, Screening, and Landscaping. A majority of the plant
materials proposed to meet the vegetation mix requirements shall be native
plants.
Parking shall be pursuant to SVMC 22.50 Off -Street Parking and Loading
Standards.
Private projects, excluding single-family residential projects, which include public
access features shall dedicate parking stalls for public use that are in addition to
the number of parking stalls necessary to serve the proposed development
pursuant to SVMC 22.50 Off -Street Parking and Loading Standards:
a. Projects shall provide and dedicate additional parking for public use.
Applicants shall either use a presumptive standard of one additional
space for public parking for every 25 parking spaces required to serve the
proposed development or provide an assessment of public access need
which supports a different ratio. Any proposal to change from this
presumptive standard shall be approved by the Q#estef
which approval shall be based upon the unique factual circumstances of
the development and surrounding shoreline uses;
b. Spaces that are dedicated for public use shall be marked with appropriate
signage; and
C. Stalls dedicated for public use shall be near the public access point.
21.50.360 Recreational Development and Use
A. Applicability. This section applies to public and commercial shoreline recreational
facilities and uses, including but not limited to trails, viewing platforms, swimming areas,
boating facilities, docks, and piers.
Standards.
1. Non water -oriented recreation uses are prohibited in Urban Conservation - High
Quality Shorelines except limited public uses that have minimal or low impact on
shoreline ecological functions, such as the Centennial Trail and appropriately -
scaled day use areas.
2. Water -oriented recreational structures, limited to boat launches, ramps, public
docks or piers, commercial docks or piers, and private docks serving more than
four residences may be allowed waterward of the shoreline buffer and setback.
3. Water -oriented recreational structures, limited to access routes, boat and
equipment storage, viewing platforms, amenities such as benches, picnic tables
and similar facilities for water enjoyment uses, including those related to the
Centennial Trail shall be allowed within the shoreline buffer and setback area
provided:
a. Structures are located outside of an Urban Conservancy - High Quality
area;
b. Structures are not located in, on, or over water; and
C. Structure height limit is less than 15 feet.
4. All recreational development shall provide:
a. Non -motorized and pedestrian access to the shoreline pursuant to SVMC
21.50.250 Public Access;
b. Landscaping, fencing, or signage designed to prevent trespassing onto
adjacent properties;
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C. Signs indicating public right of access to shoreline areas, installed and
maintained in conspicuous locations at the point of access and the
entrance; and
d. Buffering of such development and uses from incompatible adjacent land
uses pursuant to SVMC 22.70.030 Screening and Buffering, and Table
22.70-2 - Buffers Required by Type, as applicable.
Recreational development and uses shall be pursuant to SVMC 21.50.310
Boating Facilities, SVMC 21.50.320 Commercial Use, and SVMC 21.50.430
Piers and Docks, as applicable.
21.50.370 Residential Development and Use
A. Applicability.
1. This section applies to single-family and multi -family structures, lots, and parcels.
2. Residential uses also include � hccessoryuses__
and structures normally associated with residential uses including, but not limited
to, garages, sheds, decks, driveways, fences, swimming pools, hot tubs, saunas,
and tennis courts.
3. Clearing, grading, and utilities work associated with residential use are subject to
the regulations established for those activities.
Standards.
1. A Shoreline Substantial Development Permit is not required for construction by
an owner, lessee, or contract purchaser of a single-family residence, provided,
any such construction of a single-family residence and all accessory structures
meet the requirements of the SMP.
2. Residential development, including single-family structures, shall be required to
control erosion during construction. Removal of vegetation shall be minimized
and any areas disturbed shall be restored to prevent erosion and other impacts
to shoreline ecological functions pursuant to SVMC 21.50.260.
3. New residential development, including accessory uses and structures, shall be
sited in a manner to avoid the need for structural improvements that protect such
structures and uses from steep slopes and shorelines vulnerable to erosion,
including bluff walls and other stabilization structures.
4. New over -water residences and floating homes are prohibited.
5. New single-family residential accessory structures, excluding accessory dwelling
units, may be located waterward of the shoreline setback provided that all of the
following criteria are met:
a. The combined building footprint of all accessory structures does not
exceed 10 percent of the lot area;
b. Structures are located outside of critical areas, their associated buffers,
and the shoreline buffer; and
C. Structures are set no closer than five feet to any side or rear property line.
6. New attached or detached accessory dwelling units shall:
a. Be located landward of the shoreline buffer and outside of all critical
areas and their buffers;___
b. Be pursuant to SVMC 19.40.100 Accessory Dwelling Unit
7. New residential developments of four or more lots shall comply with the following
requirements:
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a. The shoreline buffer shall be shown on the plat and permanently marked
on the ground with methods approved by the DirestG
b. A site plan shall be provided in conjunction with the building permit
application showing the project elements described in SVMC
21.50.370(B)(3); and
C. Provide a project narrative describing how the project elements are being
met.
8. Exterior lighting associated with single-family residences, such as pathway
lighting and lighting directed at landscaping features, is permitted within the
setback area so long as it is directed away from the shoreline.
9. Recorded plats shall include language that states that pursuant to SVMC
21.50.230, use and development within the defined shoreline buffer area is
prohibited. Title notices shall be recorded with each newly created parcel with
the restrictive language.
10. New fences shall meet the requirements of SVMC 22.70 Fencing, Screening and
Landscaping.
11. Fences are prohibited in the following areas:
a. Shoreline buffers;
b. Critical areas; and
c. Waterward of the OHWM.
21.50.380 Signs and Outdoor Lighting
A. Applicability. This section applies to any commercial, industrial, or advertising sign
directing attention to a business, professional service, community site, facility, or
entertainment conducted or sold, and all outdoor lighting, except those associated with
residential use and public street lighting.
B. Standards.
1. All signs shall comply with SVMC 22.110 Sign Regulations; variances from these
regulations may be granted pursuant to SVMC 21.50.140 Shoreline Variances.
2. Signage, including kiosks and directional signage to commercial uses or
recreation areas, related to, or along, the Centennial Trail, is allowed without a
Shoreline Substantial Development Permit provided:
a. Signage is consistent with the SMP, the City's Parks and Recreation
Master Plan, and any applicable master plan of Washington State Parks;
and
b. Signage proposed within a buffer area shall not:
i. Exceed 15 square feet in area;
ii. Exceed six feet in height;
iii. Be illuminated unless warranted by safety factors; and
iv. A building permit is obtained, if required.
3. Outdoor lighting shall comply with SVMC 22.60 Outdoor Lighting Standards.
4. New permanent outdoor lighting is prohibited within the shoreline buffer.
5. Pedestrian -oriented lighting along walkways and paths shall be allowed within
the shoreline setback area if:
a. The purpose of the light is safety;
b. Lighting structure height is not greater than 12 feet; and
C. Lighting fixtures are downward directed and fully shielded.
6. All outdoor lighting shall be oriented away from the shoreline and adjacent uses
using directional lighting or shielding.
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City of Spokane Valley Shoreline Master Progrant
21.50.390 Transportation Facilities
A. Applicability. This section applies to structures and developments that aid in land, air,
and water surface movement of people, goods, and services. They include roads and
highways, bridges, bikeways, heliports, rail, and other related facilities. Trails are
addressed in SVMC 21.50.250 Public Access.
Standards.
1. New road and bridge construction and expansion of existing roads and bridges
shall only be located within the shoreline jurisdiction upon approval by the
Direstp when deemed necessary for the good of the community, or
when deemed related to, and necessary to support permitted shoreline activities.
2. When allowed, transportation facilities shall be:
a. Consistent with an approved private project or applicable City plans,
including the City's Transportation Improvement Plan, Public Access Plan
and Restoration Plan;
b. Located on the landward side of existing structures or uses; and
C. Be designed to minimize clearing, grading, and alteration of natural
features. Roadway and driveway alignment should follow natural
contours and minimize width.
3. To the extent consistent with federal jurisdiction, new rail lines and corridors or
expansion of existing rail lines and corridors shall be allowed only for the purpose
of connecting to existing rail lines or rights -of -way. New rail lines, including
bridges, shall be constructed within existing rail corridors or rights -of -way.
4. To the extent consistent with federal jurisdiction, new rail lines shall be
constructed so that they do not compromise the public's ability to access the
shoreline safely.
21.50.400 Public Facilities and Utilities
A. Applicability. This section applies to all public facilities and utilities. This section does
not apply to on -site utility features serving a primary use, such as water, sewer, or gas
lines to a development or residence. These utility features are considered "service
utilities' and shall be considered part of the primary use.
Regulations.
1. New public facilities and utilities may only be allowed pursuant to Shoreline
Conditional Use permit and if they meet the following conditions:
a. Address conflicts with present and planned land and shoreline uses
through site design or configuration, buffers, aesthetics, or other methods;
and
b. Identify the need to site within shoreline jurisdiction and why it is not
possible to locate outside of the shoreline jurisdiction.
2. New wastewater and stormwater outfalls shall not be allowed.
3. Routine maintenance, replacement, and minor upgrades of existing utilities shall
be allowed; provided that if the activity involves ground disturbance or is located
in the Urban Conservancy - High Quality Environment, then such maintenance,
replacement, and minor upgrades shall only be allowed by Letter of Exemption.
If existing high -quality vegetated areas, as noted in the Shoreline Inventory and
Analysis, are disturbed by maintenance activities in Urban Conservancy - High
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City ojSpokane Valley Shoreline lvfaster Program
Quality designated shorelines, mitigation pursuant to SVMC 21.50.210 No Net
Loss and Mitigation Sequencing, shall be required.
Transmission facilities for the conveyance of services, such as power lines,
cables, and pipelines, should be located outside of the shoreline jurisdiction.
New utility corridors shall be prohibited within the Urban Conservation — High
Quality Environment.
New over -water utility crossings are allowed within existing utility corridors.
New or expanded service utilities shall:
a. Be located underground, unless placement underground results in more
damage to the shoreline area;
b. Utilize low impact, low profile design, and construction methods; and
C. Restore any areas disturbed to pre -project configurations, replant with
native species, and maintain until the newly planted area is established.
Stormwater pipe systems shall not be allowed within the shoreline buffer.
21.50.410 General Regulations for Specific Shoreline Modifications
A. Applicability. SVMC 21.50.410 through 21.50.450 apply to all shoreline modifications.
Shoreline modification activities are structures, including in -stream structures, or actions
that modify the physical configuration or qualities of the shoreline area.
B. General shoreline modification standards.
1. All shoreline modification applications shall also comply with:
a. SVMC 21.30 Floodplain Regulations;
b. SVMC 24.50 Land Disturbing Activities; and
C. Integrated Streambank Protection Guidelines (WDFW, Ecology and
Transportation, 2003 as adopted or amended).
2. All shoreline modification activities shall ensure that the no net loss of ecological
function standard is met.
3. Structural shoreline modifications within the regulated floodplain, geologically
hazardous areas, and in -stream shall only be allowed where it can be
demonstrated that nonstructural measures are not feasible or the proposed
activities are necessary to:
a. Support or protect a legally existing shoreline use or primary structure
that is in danger of loss or substantial damage;
b. Reconfigure the shoreline or channel bed for an allowed water -dependent
use; or
C. Provide for shoreline mitigation or enhancement purposes.
4. All shoreline modifications within the regulated floodplain and in -stream, with the
exception of docks proposed on the Spokane River that are located west of the
City of Millwood, shall provide the following:
a. Site suitability analysis that justifies the proposed structure;
b. A Habitat Management Plan prepared by a Qualified Professional that
describes:
i. The anticipated effects of the project on fish and wildlife habitat
and migration areas;
ii. Provisions for protecting in -stream resources during construction
and operation; and
iii. Measures to compensate for impacts to resources that cannot be
avoided.
C. An engineering analysis which evaluates and addresses:
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i. The stability of the structure for the required design frequency;
ii. Changes in base flood elevation, floodplain width, and flow
velocity;
iii. The potential for blocking or redirecting the flow which could lead
to erosion of other shoreline properties or create an adverse
impact to shoreline resources and uses;
iv. Methods for maintaining the natural transport of sediment and
bedload materials;
V. Protection of water quality, public access, and recreation; and
vi. Maintenance requirements.
21.50.420 Shoreline/Slope Stabilization
A. Applicability. This section applies to shoreline modification activities for shoreline and
slope stabilization projects, including structural and nonstructural measures.
B. Standards.
1. Nonstructural measures are the preferred method for slope and shoreline
stabilization.
2. Nonstructural measures may include building setbacks, relocation of the
structure to be protected, groundwater management, and planning and
regulatory measures to avoid the need for structural stabilization.
3. Structural stabilization measures may include hard surfaces such as concrete
bulkheads or less rigid materials, such as vegetation, biotechnical vegetation
measures, and riprap-type stabilization.
4. New structural shoreline modifications require a Shoreline Substantial
Development Permit.
5. New structural stabilization measures may be allowed under the following
circumstances:
a. To protect existing primary structures, public facilities and utilities, and the
Centennial Trail. Prior to approval, a geotechnical investigation shall:
i. Demonstrate that the structure is in danger from shoreline erosion
by currents or waves; and
ii. Evaluate on -site drainage and address drainage problems away
from the shoreline.
b. To protect new non water -dependent uses from erosion, when all of the
following apply:
i. The erosion is not being caused by upland conditions;
ii. Nonstructural measures are neither feasible nor sufficient;
iii. An engineering or scientific analysis demonstrates that damage is
caused by natural processes; and
iv. The stabilization structure shall incorporate native vegetation and
comply with the mitigation sequencing in SVMC 21.50.210 No Net
Loss and Mitigation Sequencing.
C. To protect water -dependent development from erosion when all of the
following apply:
i. The erosion is not being caused by upland conditions;
ii. Nonstructural measures are neither feasible nor sufficient; and
iii. The need to protect primary structures from damage due to
erosion is demonstrated through a geotechnical report.
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City of Spokane Valley Shoreline Masler program
d. To protect restoration and remediation projects when all of the following
apply:
i. The project is conducted pursuant to chapter 70.105D RCW
Model Toxics Control Act; and
ii. Nonstructural measures are neither feasible nor sufficient.
Unless otherwise exempt from shoreline permit requirements, replacement of an
existing shoreline stabilization structure may be approved with a Shoreline
Substantial Development Permit, provided the structure remains in the same
location and the outer dimension changes by 10 percent or less. However, a
Shoreline Conditional Use Permit shall be required if existing shoreline
stabilization measures are relocated or the outer dimension changes by more
than 10 percent.
All new or replaced structural shoreline stabilization measures shall provide:
a. Design plans showing the limits of construction, access to the
construction area, details, and cross sections of the proposed stabilization
measure, erosion and sediment controls, and re -vegetation of the project
area; and
b. An engineered report that addresses the purpose of the repair,
engineering assumption, and engineering calculations to size the
stabilization measure.
A replacement structure shall not encroach waterward of the OHWM, unless all
of the following apply:
a. For residences occupied or constructed prior to January 1, 1992;
b. There are overriding safety or environmental concerns;
C. The replacement structure shall abut the existing shoreline stabilization
structure; and
d. The Department of Natural Resources has approved, if applicable, the
proposed project if it is on state-owned aquatic lands.
21.50.430 Piers and Docks
A. Applicability. This section applies to the construction or expansion of piers and docks
constructed waterward of the OHWM.
Standards.
1. Piers and docks designed for pleasure craft only, and for the private
noncommercial use of the owner, lessee, or contract purchaser of single and
multi -family residences, shall require a Letter of Exemption. Any other dock or
pier permitted under the SMP requires a Shoreline Substantial Development
Permit.
2. Piers and docks serving more than four residences and public or commercial
piers and docks shall comply with SVMC 21.50.310 Boating Facilities. Public or
commercial piers and docks shall comply with SVMC 21.50.360 Recreational
Development and Uses.
3. New piers and docks shall only be allowed for water -dependent uses or public
access. A dock associated with a single-family residence and designed and
intended as a facility for access to watercraft is a water -dependent use.
4. New piers and docks shall be the minimum size necessary based upon a needs
analysis provided by the Applicant. However, the size shall not exceed 55 feet in
length measured perpendicularly from the OHWM. Total deck area shall not
exceed 320 square feet.
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City of Spokane Valley Shoreline Master Prograin
5. The City may require modifications to the configuration of piers and docks to
protect navigation, public use, or ecological functions.
6. Wood treated with toxic compounds shall not be used for decking or for in -water
components.
7. Existing legally established docks, piers, or viewing platforms may be repaired or
replaced in accordance with the regulations of the SMP, provided the size of the
existing structure is not increased.
8. Piers and docks proposed on the Spokane River and located east of the City of
Millwood shall comply with SVMC 21.50.410(B)(4) and the following additional
criteria:
a. The site suitability analysis shall demonstrate that:
i. The river conditions in the proposed location of the dock, including
depth and flow conditions, will accommodate the proposed dock
and its use; and
ii. Any design to address river conditions will not interfere with or
adversely affect navigability.
b. The Habitat Management Plan for any such docks shall demonstrate that
the proposed dock will not result in a net loss of ecological functions, and
shall include an analysis of the cumulative impact of additional requests
for like actions in the area.
9. A new pier or dock accessory to residential development- within the shoreline
located east of the City of Millwood, and west of the Centennial Trail Pedestrian
Bridge, shall provide joint use or community dock facilities, when feasible, rather
than allowing individual docks for each residence. Application materials shall
include documentation of the applicant's efforts to explore feasibility of and
interest in a joint use dock with owners of any residential lots immediately
adjacent to the applicant's sites. Such documentation may include copies of
certified letters sent to owners of the immediately adjacent properties listed on
title. Any proposal for a joint use dock shall include in the application materials a
legally enforceable joint use agreement or other legal instrument, notice of which
must be recorded against title of the properties sharing the dock prior to dock
construction. The joint use agreement shall, at a minimum, address the
following:
a. Apportionment of construction and maintenance expenses;
b. Easements and liability agreements; and
C. Use restrictions.
21.50.440 Dredging and Fill
A. Applicability. This section applies to shoreline modification activities for projects or uses
proposing dredging, dredge material disposal, or fill waterward of the OHWM.
Regulations.
1. Dredging and dredge material disposal is prohibited unless associated with a
comprehensive flood management solution, an environmental cleanup plan, a
habitat restoration, fish enhancement project, or when considered suitable under,
and conducted in accordance with, the Dredged Material Management Program
of the Washington State Department of Natural Resources. These projects
require a Shoreline Conditional Use Permit.
2. Fill shall be allowed only when necessary to support the following uses (a
Shoreline Conditional Use Permit is required unless stated otherwise):
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City of Spokane Valley Shoreline Master Progrmn
a. Water -dependent uses;
b. Public access;
C. Cleanup and disposal of contaminated sediments as part of an
interagency environmental cleanup plan; these proposals may be exempt
from a shoreline permit of any type by the Model Toxics Control Act;
d. Expansion or alteration of transportation facilities. These proposals shall
also demonstrate that alternatives to fill are not feasible and require a
Shoreline Substantial Development Permit;
e. A mitigation action; and
f. An environmental restoration or enhancement project.
21.50.450 Shoreline Habitat and Natural Systems Enhancement Projects
A. Applicability. This section applies to all shoreline habitat and natural system
enhancement projects.
Standards.
1. Shoreline habitat and natural systems enhancement projects are encouraged.
These projects shall:
a. Obtain a Shoreline Substantial Development Permit or a Letter of
Exemption;
b. Demonstrate that the main project purpose is enhancing or restoring the
shoreline natural character and ecological functions by establishing the
restoration needs and priorities; and
C. Implement the restoration plan developed pursuant to WAC 173-26-
201(2)(f) and with applicable federal and state permit provisions.
ouIaticn ns at
❑I'0`:Itil c.l •.:=,6 �aSSi�llt 'Viltil Crlterla Slid DrOCeULI cCb Ill 'fi t;,' L It„ L Commented[MD9]: Gap Analysis Attachment A, 20-.
4.2 Shoreline Critical Areas Regulations
21.50.460 General - Shoreline Critical Areas Regulations - Applicability
A. SVMC 21.50.460 through 21.50.560 apply to critical areas and their buffers that are
completely within the shoreline jurisdiction as well as critical areas and their buffers
located within, but extending beyond the mapped shoreline jurisdiction boundary.
Regulated critical areas include: wetlands, Critical Aquifer Recharge Areas (CARAs),
Fish and Wildlife Habitat Conservation Areas (FWHCAs), geologically hazardous areas,
and frequently flooded areas, pursuant to WAC 173-26-221(2) and (3), and WAC 365-
196-485.
B. This section applies to all uses, activities, and structures within the shoreline jurisdiction
of the City, whether or not a shoreline permit or other authorization is required. No
person, company, agency, or other entity shall alter a critical area or its associated buffer
within the shoreline jurisdiction except as consistent with the purposes and requirements
of the SMP.
21.50.470 Maps and Inventories
A. The approximate location and extent of known critical areas are depicted on the Critical
Areas and Priority Habitats Map updated and maintained by the Community
Council Adopted by Ordinance No. 44-024 P •••'� hei-,--" 'Chapter 4 - Development Regulations
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City of Spokane Valley Shoreline Muster Program
Development Department. The Critical Areas and Priority Habitats Map is a reference
tool, not an official designation or delineation. The exact location of a critical area
boundary shall be determined through field investigation by a Qualified Professional.
In addition to the Critical Areas and Priority Habitats Map, City staff may review
additional reference materials to determine whether a proposed development has the
potential to affect a critical area within the shoreline jurisdiction. Reference materials
may include, but are not limited to the following as adopted or amended:
1. Natural Resources Conservation Service (NRCS) Soil Survey for Spokane
County, Washington, 2012;
2. USGS 7.5 Minute Series Digital Elevation Model;
3. FEMA Flood Insurance Rate Maps for Spokane County, Washington and
Incorporated Areas, July 6, 2010;
4. USFWS National Wetlands Inventory;
5. Aerial photos;
6. WDFW Priority Habitats and Species and Wildlife Heritage Maps and Data; and
7. City critical area designation maps.
21.50.480 Exemptions from Critical Area Review and Reporting Requirements
A. Activities exempt from critical area review and reporting requirements shall ensure no
net loss of shoreline ecological functions pursuant to SVMC 21.50.210. Exempt
activities shall be conducted consistent with performance standards identified in SVMC
21.50.180 through 21.50.450, including mitigation sequencing.
B. Any incidental damage to or alteration of a critical area or their buffers resulting from
exempt activities shall be restored, rehabilitated, or replaced at the expense of the
responsible party within one growing season.
C. The following activities are exempt from critical area review and reporting requirements:
1. Conservation or enhancement of native vegetation.
2. Outdoor recreational activities which do not involve disturbance of the resource
or site area, including fishing, hunting, bird watching, hiking, horseback riding,
bicycling, and natural trail use.
3. Education, scientific research, and surveying.
4. Normal and routine maintenance and repair of:
a. Legally -constructed existing irrigation and drainage ditches, utility lines
and right-of-way, and appurtenances;
b. Facilities within an existing right-of-way and existing serviceable
structures or improved areas, not including expansion, change in
character or scope, or construction of a maintenance road. The
exemption includes the necessary vegetation management that keeps the
existing right-of-way clear from hazard trees; and
C. State or City parks, including noxious weed control and removal of hazard
trees where the potential for harm to humans exists.
5. Emergency construction necessary to protect property from damage by the
elements.
6. Routine maintenance, repair, and minor modifications (such as construction of a
balcony or second story) of existing structures where the modification does not
extend the structure further into or adversely impact the functions of the critical
area.
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City ojSpokane Valley Shoreline Muster Program
In Category III or IV wetlands only, stormwater dispersion outfalls and bioinfiltration
swales located within the outer 25 percent of the buffer provided that no other
location is feasible.
21.50.490 Critical Area Review
A. All clearing, uses, modifications, or development activities within a shoreline critical area
or its buffer shall be subject to review under SVMC 21.50 unless specifically exempted
under SVMC 21.50.480.
B. Applicant shall identify in the application materials the presence of any known or
suspected critical areas on or within 200 feet of the property line.
C. If the proposed project is within or adjacent to a critical area, or is likely to create a net
loss of shoreline ecological functions necessary to sustain a critical area, the City shall:
1. Require and review a critical area report for each applicable critical area; and
2. Determine if the proposed project adequately addresses and mitigates impacts to
the critical area and is consistent with the requirements of the SMP.
21.50.500 Critical Area Report Requirements for all Critical Areas
A. When required by SVMC 21.50.490(C), the Applicant shall submit a critical area report
subject to the requirements of this section and any additional reporting requirements for
each critical area, as applicable.
Critical area reports for two or more types of critical areas shall meet the report
requirements for each relevant type of critical area.
All critical area assessments, investigations, and reports shall be completed by a
Qualified Professional.
At a minimum, all critical area reports shall contain the following:
1. The name and contact information of the Applicant, a description of the proposal,
and identification of the permit(s) requested;
2. The dates, names, and qualifications of the persons preparing the report and
documentation of any fieldwork performed on the site;
3. A statement from the Qualified Professional certifying that the report meets the
critical area requirements;
4. A description of the nature, density, and intensity of the proposed use or activity
in sufficient detail to allow analysis of such proposal upon identified critical area;
5. List of all references used and all assumptions made and relied upon;
6. A scaled site plan showing:
a. Critical areas and their buffers;
b. Ordinary high water mark;
C. Proposed and existing structures and related infrastructure;
d. Clearing and grading limits;
e. Impervious surfaces;
f. Location of temporary and/or permanent construction signage and
fencing to protect critical areas and their buffers;
g. Topographic contours at two foot intervals;
h. Fill and material storage locations;
i. Proposed and existing drainage facilities and stormwater flow arrows; and
j. Title, date, scale, north arrow, and legend;
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7. Identification and characterization of all critical areas, water bodies, and critical
areas associated with buffers located on site, adjacent to, and within 200 feet of
proposed project areas. If buffers for two contiguous critical areas overlap (such
as buffers for a stream and a wetland), the wider buffer shall apply;
8. A mitigation plan which contains a description of the application of mitigation
sequencing and offsetting of impacts pursuant to SVMC 21.50.210 No Net Loss
and Mitigation Sequencing;
9. Erosion and sediment control plan and drainage plan, as applicable for
conformance with SVMC 24.50;
10. Cost estimate for required mitigation when a financial surety is required pursuant
to SVMC 21.50.510;
11. A discussion of the performance standards applicable to the critical area and
proposed activity; and
12. Monitoring plan pursuant to SVMC 21.50.510(D) when mitigation is required.
The DiFestG may modify the required contents or the scope of the required
critical area report to adequately evaluate the potential impacts and required mitigation.
This may include requiring more or less information and addressing only that part of a
site affected by a development proposal.
21.50.510 Mitigation
A. Applicants shall follow the mitigation sequencing put forth in SVMC 21.50.210 No Net
Loss Mitigation and Sequencing.
All impacts to critical areas and their buffers likely to result in a net loss of shoreline
ecological functions necessary to sustain the critical area shall be mitigated consistent
with appropriate state and federal guidelines.
Unless specifically addressed in specific critical area sections, compensatory mitigation
may be provided by any of the following means, in order of preference:
1. Except as provided in SVMC 21.50.510(C)(2)(a), adverse critical area impacts
shall be mitigated on or contiguous to the development site through resource
expansion, enhancement, protection, or restoration.
2. Off -site mitigation.
a. Off -site mitigation may be allowed if an Applicant demonstrates that
mitigation on or contiguous to the development proposal site cannot be
achieved and that off -site mitigation will achieve equivalent or greater
ecological functions.
b. When off -site mitigation is authorized, priority shall be given to the
following locations within the same drainage sub -basin as the project site:
i. Mitigation banking sites and resource mitigation reserves.
ii. Private mitigation sites that are established in compliance with the
requirements of SVMC 21.50.510(C)(2) and approved by the
siFesteF
iii. Offsite mitigation consistent with Selecting Wetland Mitigation
Sites Using a Watershed Approach (Eastern Washington)
(Publication #10-06-07, Olympia, WA, November 2010 as adopted
or amended).
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Cily of Spokane Malley Shoreline A9aster Progrant
C. The DirectO - shall maintain a list of known sites available for
use for off -site mitigation projects.
Title notices shall be recorded against the affected parcels for on -site mitigation,
and easements shall be recorded for off -site mitigation, to avoid impacts from
future development or alteration to the function of the mitigation. The mitigation
site shall be permanently preserved.
D. Monitoring.
1. The Applicant shall monitor the performance of any required mitigation and
submit performance monitoring reports, as specified in the applicable permit
conditions.
2. When required, the monitoring plan shall:
a. Demonstrate compliance with the provisions of the SMP and specific
permits and approvals;
b. Describe the objectives and methods for monitoring and quantifying;
C. Provide results with an estimate of statistical precision;
d. Identify the length of monitoring and reporting requirements;
e. Recommend management actions based upon the monitoring results;
and
f. Address the length of the mitigation consistent with the following:
i. Mitigation monitoring shall be required for a minimum of two years
for temporary impact restoration and up to 10 years for
compensatory mitigation; and
ii. If the mitigation objectives are not obtained within the initial
monitoring period, the Applicant shall remain responsible for
restoration of the natural values and functions until the mitigation
goals agreed to in the mitigation plan are achieved.
Sureties.
1. Performance and maintenance sureties shall be required from all private persons
and entities required to provide mitigation and a maintenance plan.
2. The performance surety shall be in substantially the same form as provided for in
the City's Street Standards as adopted or amended.
3. A performance surety shall be submitted prior to issuance of a Shoreline
Substantial Development, Conditional Use Permit, or Grading Permit. The surety
shall include costs to cover for construction and vegetation, annual maintenance
for a five-year period, and a 25 percent contingency fee.
4. The performance surety shall be released when the following conditions have
been met:
a. The installation of the required mitigation is approved by the City; and
b. The Applicant has submitted a warranty surety pursuant to SVMC
21.50.510(E)(5).
5. All projects with required mitigation shall submit a warranty surety to ensure the
success of the mitigation project before certificate of occupancy, final plat
approval, or as required by the City. The warranty surety shall be for 40 percent
of the total mitigation construction and planting costs and annual maintenance/
monitoring for five years, including but not limited to: costs for the maintenance
and replacement of dead or dying plant materials; failures due to site preparation,
plant materials, construction materials; installation oversight, monitoring,
Councit Adopted by Ordinance No. 4-4-4_24--- 4 - Development Regulations
Page 43 of 76
City of Spokane Malley Shoreline Muster Program
reporting, and contingency actions expected through the end of the required
monitoring period.
The warranty surety shall remain in effect for five years from the release of the
performance surety or a timeframe as otherwise determined by the Directer_
-;. The Applicant shall have a Qualified Professional inspect the
mitigation site within 30 days of the expiration of the warranty. Any deficiencies
noted shall be repaired prior to the release of the surety. If the inspection is not
conducted and/or the deficiencies are not repaired, the warranty surety shall be
renewed by the Applicant until all deficiencies are corrected. The City shall
conduct an inspection prior to releasing the warranty surety.
If any deficiencies identified while the warranty surety is in effect are not
corrected in the time frame specified by the QirestG , the City may
choose to conduct the necessary repairs. The City shall then either invoice the
Applicant or collect from the surety for all costs for the related work, plus a $50C
administrative fee.
The Digester may approve alternative mitigation provided such mitigation is
based on the most current, accurate, and complete scientific or technical information
available and provides an equivalent or better level of protection of shoreline ecological
functions than would be provided by the strict application of the SVMC 21.50. The
Direstn shall consider the following for approval of an alternative mitigation
proposal:
1. The Applicant proposes creating or enhancing a larger system of natural areas
and open space in lieu of preserving many individual habitat areas.
2. There is clear potential for success of the proposed mitigation at the proposed
site.
3. The approved plan contains clear and measurable standards for achieving
compliance with the specific provisions of the plan.
21.50.520 Wetlands - Shoreline Critical Area Regulations
Cotozcil Adopted by Ordinance No. -1-1_-4-2 - n ..,, the -�. n �n r _ Chapter 4 - Development Regulations
Page 44 of 76
Commented [CB10]: Gap Analysis Attachment A, 2016b,
2010a.
The Wetland regulations in the SMP are being replaced with the
Citys existing Wetland regulations from SVMC 21.40.020 through
.025.
For readability, the change is shown as deleting and replacing the
entire section.
City of Spokane Valley Shoreline Muster Program
S. %A.W'anrl,.Q bQ.Tu ff+refs.
a--Ore-nGt-assesiated-wA44parianreas-e�errs;
ideRtified by the VVIDNRj
S. Arn..n+a .,1n al•
d. AFe not aR alkal; we+l:,z �Rd; an
e. Do „otnot nnntain aspefl standS,
�. BuffRF widths
. he„ndnn, a ,ed ;n ++. r Id
.
b. The Mal h fie 'd+h hail b aII + d +. add'Rg the + d d and the
of ,• eland In order +n quaff,. for ♦L.... tandard buffer widths
_n+ land uses n the .. t,a. d( \
d ndditienal buffet mnvdths listed in Tabte' shall be added t +ems stand„d
buffeF widths based GR the habitat SGGFe fGF the wetland.
Council Adopted by Ordinance No. 44_-4-24- _ n .... ,. r, .. n 20 r , --
Chapter a - Development Regulations
Page 45 of 76
City of Spokane Malley Shoreline Master Program
Category
Category
��S�utaHftaf�
Buffer Width
Additianat
R-.fF-r IANdth :F:F
Wet Geres
21_2^CzT-cv,�-H;L�•f i
P-Gh#S
Additlafial
rth
Wetland Srwes
26-29-H;Ihmtmmcat
points
ts
Addltianal
Wetland SGOres
>30 Ha�hotat
T-ti if
a 994eet
meet
Add 45 feet
Add � 5 .5 foe+
74feet
Art44-5 �� fee+
Add ASfeet
Add-75-feet
et
A,+,+ -en fee+
Add 60 feet
Wf A
494eet
I NIA.
NA
NIA
4. Innrea Vod buffer.uidths
a. Y Ifs V ... I. + d ,,, T-, bl_ 71 5Q 5_ _ not :m nlemented•-then he
6tandord buff , widths M Table 24.50 A hall b _ ___d by 33 n en+
b. Q ff widths a3 .�h d o Gasa by bas's when the
r etla d 's used by a
plant o animal speGies Misted by the federal
om..t gaveM o�h state as enda„gered, threatened, candidates, MW48't:,, efnenitered-er-dacarnented-pr+erity-species-er habitats-eF essential n
s•tes. The h ff iAGrease shGuld be deteFmiRed b the Qualified
d
I Misturhance I Required Measures *Min......_e ImparAs
i�laise0 IorateaGtiVity that geneFates noose . away frem
wetland - _...
• if waFFanted, _..haR ,,, t' n buffer with nat:.i_
vegetat'n nlant'ngS ad'n nt to
Raise souFGe
• C aat'. 'ties that n rain relatively a ntin u
Pot�•ally disruptive0.E nh a d nea:n heavy
heav+ywegetated4buffer--strip4mmedi ately adjacent
Use • C_t_I'__�._1' __-_mats 1.._ifi guseeF neo+inides w4hin.
•Apply ,feasted nest management
Council Adopted by Ordinance No. 44 _.-� P • .... ran n r Chapler 4 - Development Regulations
Page 46 of 76
City of Spokane Valley Shoreline Master Program
Disturbanoe I Rego+red-Measdres-te-Minimize ImparAs
Pets and hUFA R d+sturbaase • Use ,.. 'enGi I^ F,., de th
� I:.� �� n7 .n.. Y.�. �,v�-� cr.v f
for-t s-area
gust I Use hest management pFaGfine 19 t GI d6ISt
6. Signs -and--teFl61nJ.
Council Adopted by Ordinance No. 44-424„ ' „" '-Chapter 4 - Development Regulations
Page 47 of 70'
City of Spokane Valley Shoreline Master Program
De Not DmStUFb
GantaGt the Gity of Sp ^ems
Gernmunity Development Department
Regarding Use 4wai
B. :�ItIQ2t16F�
2FesUltiRg fF9FR IleFatm n to wetlaR ds shall he mitigated LRg the
..r•g find R Table 21.60 a hei.,.
Me-
r1s ��tJ17P.'G7ir.T.7r1t�tGT7:Tt�T.77.T.i®S®
•__ �_
Council Adopted by Ordinance No. 44 -4-4)- '` e ...ram... n n r Chap(er 4 - Development Regulations
Page 48 of 76
City of Spokane Valley Shoreline Master Program
flAt-
E. >\ddiWRal srikal area rem FequiFements fe=.._•' '�.
Council Adopted by Ordinance No. 44 -A_N- -"eeehee - 9, -,>,' ' " Chapter 4 - Development Regulations
Page 49 of 7h
City of Spokane Valley Shoreline ALlaster Program
Council Adopted by Ordinance No. 44_-41-24_ r'' " "" '_ Cleapter 4 - Develapmenl Regulations
Page 50 of 76
City of Spokane Valley Shoreline Master Program
A. ,oplicability. This saction aoolies to all cie, :;odifications. or develounieni
activities within or adiac=n sietlands. un : FIC311y exe noted by SVMC
2 1.50.4M
ification and delineation �cundi�ll
'SSIOn
Cc
'.,i-acie reUlOilal s_... ;lent, as adG_.. JI
Catea'_
scoring
ssisteni indude_
aspen.
�i'1G cl D
bu-"fer areas.
D. e not associated ;viin rioaria) . Or buii_:�
h. -re not part of a weflnn-i rh vatlands,
c Do not contain hab' aser -,,-a[ r ; of
;ewes idea l or Hai 1cil
tag
w the D, -
Council Adop[ed by Ordinance No. 4-+_-4-J4- " •rya bo— 9.° 2W ' Chupter 4 - Development Regulalions
Page 51 of 7G
City ofSpokare Valley Shoreline Master Program
-.;id and
to - u _-nhanced as
s
0-4: Wetlank n,ensity Cateno:'
2s of Land Use
Council Adopted by Ordinance No. 4-4 " "' "` ' ". _"" ' Chapter 4 - Development Regulations
Page 52 of 76
City of Spokane Valley Shoreline Master Program
Table 21.50-5: Standarcl Wetland Buffer 4Nidths
Wetland
Cate gon
Nlinimum Buffer UVidU-..
Lo,:ac`
`�locL-ra- Imuzc,
moact
I
)50
Council Adopted by Ordinance No. z- °. '^' ' Chapter 4 — Development Regulations
Page 53 of 76
City of Spokane Valley Shoreline Master Program
Council Adopted by Ordinance No. F_-:l?N " " ' ". '"' ' Clzapter 4 — Development Regulations
Page 54 of 76
City of Spokane Valley Shoreline Master Program
a. The City Manaaer may reo:: ation of permanent signs andlor
fencing along the :c. vetland or buffer where public or hiah
traffic pedestrian use r to nrotar_t criticn! a'2as.
mired. oenm= ade n enamel -coated
a'lach
ided
nd
r-1s a
finer that minim,-.=
laJon Area Raiios
=aory of Creation or
:and Reestabhsh:r. Rehabilitation Enhancemen
I 1.3
: I- - offer
-
Jsand other I" -i or de4s
area calculations
,ethod. 4s an alternau: mitigation iai iravided in
v.320(El. the City NI?,r - ._ the
method davelopeci Ild
ek.its for Comoensatory r0itiaatici in Netlaii H asteim
Council Adopted by Ordinance No. 44_-4?4^",^' 'i r i,;r Chapter -1 - Development Regulations
Page 55 of 7G
City of Spokane Valley Shoreline Master Program
AUaList 20"1) as
drainage basin
.calif ed
Council Adopted by Ordinance No. ". -"' ` '-Chapter 4 - Development Regulations
Page 56 of 76
City of Spokane Malley Shoreline Master Program
D. o minimize temporal loss of wetland ecolooical functions, compensatory
rnitiaation shall be completed prior to activities that disturb'wetlands
vnere f=::2:ii�le.
-ron cannot be completed orior to wetlar. ;acts
mitioatic nedia!
id rrior acti '' „lent
:;ucn croiects shouid i)e ?imed to
and -fora - ^it: 142naaer
a
Or
c:neral welfai .-: '.',Ibile.
a1 .=rea
sslilcaholl. l.0Y,
all
oll entire 'yiEllana
:n tj -= nrnoc--i _ _
�,ted hvdrocei ,-. jm the
i ,vedand functions:
how mitigation seauenculo was acrlied pursuant to SVN1C
.et Loss and Nlitigation Seouencino:
Council Adopted by Ordinance No. _.-lhN �'� ^, "" ' Chapter 4 — Development Regulations
Page 57 oj76
Ciiy of Spokane Valley Shoreline Master Program
21.50.530 Critical Aquifer Recharge Areas - Shoreline Critical Area Regulations
A. Applicability. This section applies to the following developments and uses when
proposed within designated CARAs:
1. Underground and aboveground storage tanks;
2. Vehicle repair and service uses, including automobile washers;
3. Chemical treatment, storage, and disposal facilities;
4. Hazardous waste generating uses;
5. Injection wells, not including Class V or injection wells for stormwater
management;
6. Junk and salvage yards;
7. On -site sewage systems;
8. Solid waste handling and recycling facilities;
9. Surface mines;
10. Uses of hazardous substances, other than household chemicals for domestic
applications;
11. Projects having the potential to adversely impact groundwater; and
12. Work within a wellhead protection area.
Council Adopted by Ordinance No. E P= N3N " " �` " "' r ' Chapter 4 - Development Regulations
Page 58 of 76
City of Spokane Valley Shoreline iWaste• Progrmn
B. Designation and classification.
1. CARAs are those areas with a critical recharging effect on aquifers used for
potable water as defined by WAC 365-190-030(2). CARAs have prevailing
geologic conditions associated with infiltration rates that create a high potential
for contamination of ground water resources or contribute significantly to the
replenishment of ground water.
2. Aquifer recharge areas are rated as having a high, moderate, or low susceptibility
based on a scientific analysis of soils, hydraulic conductivity, annual rainfall, the
depth to aquifers, the importance of the vadose zone, and wellhead protection
information. The entire shoreline jurisdiction, as well as the entire City, is
identified as a high susceptibility CARA.
C. Performance standards.
The uses listed in Table 21.50- 7 shall be conditioned as necessary to protect CARAs in
accordance with the applicable state and federal regulations.
Table 21.50-_7: Statutes, Regulations, and Guidance
Pertaining to Ground Water Imoactina Activities
Activity
Statute — Regulation — Guidance
Above Ground Storage Tanks
WAC 173-303-640
WAC 173-216; Best Management Practices
Manual for Vehicle and Equipment Washwater
Automobile Washers
Dischar es WQ-R-95-056
Below Ground Storage Tanks
WAC 173-360
Chemical Treatment Storage and Disposal
Facilities
WAC 173-303-300
Hazardous Waste Generator (Boat Repair
Shops, Biological Research Facility, Dry
Cleaners, Furniture Stripping, Motor Vehicle
Service Garages, Photographic Processing,
-Printing and Publishing Shops, etc.)
WAC 173-303-300
Injection Wells
40 CFR Parts 144 and 146;WAC 173-218
Vehicle and Metal Recycles — A Guide for
Implementing the Industrial Stormwater
Junk Yards and Salvage Yards
General NPDES Permit Requirements 94-146
On -Site Sewage Systems (Large Scale
WAC 246-272B
On -Site Sewage Systems (< 14,500
gal/day)
WAC 246-272A, Local Health Ordinances
Solid Waste Handling and Recycling
Facilities
WAC 173-304
Surface Mining
WAC 332-18
Additional performance standards for storage tanks that store hazardous substances or
waste.
All storage tanks shall:
1. Comply with Title 24 SVMC Building Code and fire department requirements;
2. Use material in the construction or lining of the tank that is compatible with the
substance to be stored;
Council Adopted by Ordinance No. f F_-Ff?Jl " T �• n ,n r _Chapter 4 - Uevelopmetu 2egulaiions
Page 59 of 76
City ojSpokune Valley Shoreline Master Program
Not allow the release of a hazardous substance to the ground, groundwater, or
surface water;
Prevent releases due to corrosion or structural failure for the operational life of
the tank; and
Be protected against corrosion and constructed of noncorrosive material or steel
clad with a noncorrosive material.
All new underground storage tanks shall include a built-in secondary containment
system that prevents the release or threatened release of any stored substances.
All new aboveground storage tanks shall include a secondary containment structure and
meet either of the criteria below:
1. If the secondary containment is built into the tank structure, the tank shall be
placed over a sealed impervious pad surrounded with a dike. The impervious
pad/dike shall be sized to contain the 10-year storm if exposed to the weather; or
2. If the tank is single walled, the tank shall be placed over a sealed impervious pad
surrounded with a dike. The impervious pad/dike shall have the capacity to
contain 110 percent of the largest tank plus the 10-year storm if exposed to the
weather.
Additional performance standards for vehicle repair and servicing. Vehicle repair and
servicing must be conducted over impermeable pads and within a covered structure
capable of withstanding normally expected weather conditions.
G. Additional standards for chemical storage.
1. All chemicals used shall be stored in a manner that protects them from weather.
Secondary containment shall be provided. On -site disposal of any critical
material or hazardous waste shall be prohibited.
2. All developments and uses shall provide a narrative and plan to show how
development complies with the regulations and performance standards in SVMC
21.50.530(C-F), or prepare a hydrogeological assessment in accordance with
SVMC 21.50.530(H).
3. Proposed developments and uses that are unable to satisfy the performance
standards in SVMC 21.50.530(C-F), shall submit a hydrogeological assessment
report.
H. In addition to the critical area report requirements in SVMC 21.50.500, hydrogeological
assessments shall include:
1. Available geologic and hydrogeological characteristics of the site, including
groundwater depth, flow direction, gradient, and permeability of the unsaturated
zone;
2. Discussion of the effects of the proposed project on groundwater quality and
quantity;
3. A spill plan that identifies equipment and/or structures that could fail, resulting in
an impact. Spill plans shall include provisions for regular inspection, repair,
replacement of structures and equipment that could fail, and mitigation and
cleanup in the event of a spill; and
4. Best management practices proposed to be utilized.
Council Adopted by Ordinance No. f-1__-4-2N-__ " nhet. --' " "'r ' Chapter 4 - Developmeiu Regulations
Page 60 of 7G
City of Spokane [alley Shoreline lvlamer program
21.50.540 Fish and Wildlife Habitat Conservation Areas - Shoreline Critical Area
Regulations
B. Designa4i
the wateFs and land Fide e.ath the C e e_p_iye a C\AA. GAn The City
2. Additieaa4y-all-areas r eeNflgaae-all: mGFe of the fellOW'Rg Gi:4eria,;egaFdless-Gf
afly--feFrnal ideFltifiGatien, are he el,. designated F.A:I..I.GAsc
a AFeas .,he state eF Merle al rdeca r. at d da a . th t a
� r
idenfified by the VVSDF=W and are updated bw State pkFity habitats and areas aSSOGiated w4h state PFiGFity speG,----, as and
G. State atu e presepves rJ el naturalFeSGLIFGe t'
dee# nerl established, and managed by VVDPIR..
a 4RA nICA-may-be-a tered-o4,Ay44he-prspesedalteration-ef thbitat-or
€W#CA
b. NG plant alal:fn OF fiSh __.__ .._t .n.dineneus t the hall he
intrPd,,r_Pdr,ntc a PA94C,A. 6nIe th d h t # fad al '#
.,...-.. ... ..� .e.., ......� -. . y�..rrrrc
or-appFovaP
nlot'n effertc of de elo nt OR haNtet a
I. Veneta fief; shall he ma�Rte ed tS at.,Fal # tech II t.
ii. Ripai:iaFlnetaWR shall RGt be removed LiRless the
ether alternatives available. ` VhBR at I thGSe
GleaFed nrd shall her vegetated with nat al ripaFiaR veget..#'
GR
c'L le
e. The .,_bd'visiG-FI .,nd Ch.^, rt Cof land hell GGMPIY 'th the
i [__lnfi that is 19nnted .,..hell.. within C PA/I GA e its b6lffeF May Gt
besubdivided;
Council Adopted by Ordinance No. 1-4._-4-20-__ ^ " H"i "'r '__Chapter 4 Development Regulations
Page 61 of 76
Commented [CBll]: Gap Analysis Attachment A, 2010a.
The Fish and Wildlife Conservation Area regulations in the SMP are
being replaced with the City's existing Fish and Wildlife
Conservation Area regulations from SVMC 21A0.030 through .036.
For readability, the change is shown as deleting and replacing the
entire section.
City of Spokane valley Shoreline Master Program
ii. I and that "n In-te F-may be
&Aded pFevided that aR aGGessible aR Rtig H G US-pe4ISR-ef
east-Rew-lei; lesated e ls+de-Gf-he-hab4at-soRSepxatinn �;re.2 AF
in b. ffe Fi and
III AGGPI;I; Feads and utilities seFviRg the pFopesal Fnay be permitted
determines that RA -ether feasible Itvat' e. S yih
eR
GenaStcmt witthe SMP
f. The-projed may GORditioRed to R;f^im,.,,,=e OF m4igate any peteRt+al
adveFse impaGtS. w^Rditions May iRGIude, but @Fe RGt limited #d the
fellowiRg
i�� tablisgment-of-btu#er-zeRes;
fib.���do���n,�tioF>--efsritisallyaR�p �^�,t-"�"se�'�R9
rye. _ . _.#_ feF ._ __g_t_#'.a.of _ist _Fbea a____ .l.t_h. no_t'v
_
plRtn,
_
iii. Vegeta#'.,oR SGreeniRgS to .ed Ge #hepeteRtial-fOF harassnient4mm
people andlerdomest+sated an r alc
iv Fn tatioR ofaosess to thheTabiiat area di ring-sFitisaNimes of the
yea4;
reeRG+ng4o-protest-wildlif� dude er uRa #ho.h4riL�eed-asGess-
F,-�4Ga fetid epen-space to fish and
�van`eRal�eSrastiOR asffvities
2. �_r,n H(;-sw.r#h vRdangered, thFeatened, or3e `tee `peoie-s-
a NA a I # hall h allowed Within a C1n/14G.A of h ffeF ..,here state
r
meROF federal-endaRgered threatened, er`'tive sp. �h^vea pFiFnaFy
assssiatieft wft#eaf st to and4eederalsonsi ltatioRand appravaI fFGm
W9FWa #e Se n SFVVc e,-#'„ems
b AppFevalforalteration-of Iand-orastivities-adjacent to a FVVHSA-having-a
primary association with gtatear#ede, ^ I ndaRge. ed—, t rah &ate. ed, o
-eRS't'., shall not aGGYF prinr to GARSultatien with the
S. Rva"'fao I .- habitat -hall h Fete:#ed _.._intent With] .
i. \AAAAr` 232 17 79
2W@Shin Jtnn State Paid Eagle Drnteninn RQrow
and
ii-�he-Sa Ida Rd-G olden-Eagle-PfotestioR-Act-which-aay4egaire-a
permit ebtained-freRi4he--SF=S
F) :^itigati tte. a.n.se, desfgRated in SIVMS
24.50.540(B)(2). �
4 ---- 4049atien-sites-shall be located=
a------ referably-ts-achieve- Gent igaousf,indisafRg habitat asrFidersthat
_ � the inelati g eff t- f d . elenment nn habitat areas_Rd
b Wthinthe same aq`^ eeosystem an the FWHGA ,+istarbed_
:2 WhereaesessaFy,a perm ReRt me ns of at'n hau be_staned for
t+on-Pla, ttngThedeeSjg shill mmeet- he-spesif♦c needs Gf Fip2FianaPA
shrub steppe�4ed PFefeSSro� Rd/of
-veg �{.ien „-aRaa ben-o� -Prepa d�Ya-Qaa
landscape -architect-
3. MitigatiGR shall be mRstalled Pon later than the next n enter
Council Adopted by Ordinance No. -I4,- J 2lI " " ' l Chapter 4 - Development Regulations
Page 62 of 76
City of Spokane Valley Shoreline Master Program
Council Adopted by Ordinunce No. 44 -4-24- - ^ ••h- " 201 ' Chapter 4 - Development Regulalions
Page 63 of 76 — — -
City of Spokane Malley Shoreline Master Program
a. a lan drawn to GGale, that :don+iro-
I. The Innat'n of the n ed nitei
H. Th lat' h' f the s'te to s und'no tononranhio and by*#
iH. The ...::+..._ .....d .. te..sity of the pFep _ern use-"ot_.i't.i
The legal d _ iat'o and the total nGFeage of the n Gel•
Existing strUGtUresa d la dsGa o f at. r iRdwdiRg the name
Y111—The4G68t1on-Af-pgG4Ej!-Ikab1t"pes-Gr- H rit"pe61eSP91R
eF fated speGmes nd r _ n habitat aFeai
G. A 't' a+' la that m cl Yda but is at limited to
I EMANshmeRt of n neh_ al buffer _ _
H. PFespnintion d/nr rector_+._ of nati�se fln
I i 'tafion of a c to habitat area;
V. ClusteFoRgf developmeRt and preseNation of open spaGej
C'o`arL'nn habitats or habitat buffer a
FearL
Use f I a t development teohn'n
Od d deed, plat binding site nla 9F plaAAAd I Init
pub]is-enNfy4GF-the-pufpese-e sensewalloR�and
fisted th at d GF da o red s raton. ..taterfewl e
tl d the I ICC\A/C sh II of the draft hab'+a+
is shall he inah,ded 'n the
GRal repeFt. The nirester-s14iave4he-adt#eHEy4o-appreve-habitat
ii511 ailu wildliir - - - -
Council Adopled by Ordinance Mo. -l4_...-41-4- - „ ' ••••` ••' ° "" - -
' Chapler 4 - Development Regulations
— Page 64 of 76 _ _
City of Spokane Valley Shoreline Master Program
ate-desianated endangered threatened. and sensitive species
JUrsuant to WAC 232 ' endanaered soeciest and WAC 232-
12-011 (state tN=- firer soecies) Ti maintains
the most curie - ;ulted o - stino status
b,
State onority habit:. nci araa; dated ,vith state oricr
Frionty habitats an s (FI re r ,aed by ti'. -
ha'r.iiat mans are troni
'v habitar lands. o,_ r
c - -
acies ana [Heir
i'2sldciiUal pl ComUl;
to be T, r = stream
div ars, r 1.500 feet ur until ;he draina :
oer:r-= !r_hevr is less.
kA : : are rted for use by Feder
nes. Such waters shall be , r
ucs'. `; -)m the point of diversion ro
Council Adopted by Ordinance No. 44-4-24_ ^ e •••�'�a ��---,-�- ^, ?^ Chapter d - Development Regulations
Page 65 of 76
City of Spokane Valley Shoreline Master Program
Uibuf
reaiir
deterntlrl,
the WDF.,
!hat.
11 Th,_
Council Adapted by Ordinance No. 44 -N--4� ------ " `�,R.,�;-�- -° "" ' Chapter 4 Development Regulations
Page 66 of 76
City of Spokane Valley Shoreline Master Program
C. Habitat Buffers and RiDaflan Management Zones
1. Buffers to orotect state- or federally desianated sons ilife FVVHC.As shall
be based on the recemi:ier!ations of = F'v`/HC?, c6' Dort mecared by
a qualified orofess ;%uffe,,s shall
100
2.
:n the
�('�1Zs are
_L: > -u l l
Cable 2'1.c4 =ni %ones puffer V1fi('tiiS
a mn i In c:
Icjetafl0:: Iyl_s shall be coilseiyed 3
shade •uer aualif.� f�mctions for
stream
all L
an b r i remainino
Vegetation
'iiyclnuxi0uS _ " naintemw e . - Fonnatted: Font: (Default)Arial
Pi%,12: ihrCiPJii Olantlna of naiive
- its nstrate thouoh besi
�! l,= _ minimizes
anv advers_„lace
cfr-
D Performance standards. All develooment s shall be omhibita_
and their buffers exceot when thev are in acsrcisnce .vith this subsecilor,
21 50.540(D)i.
Council Adopted by Ordinance No. -14= 4z4Chapter 4 - Development Regulations
Page 67 of 76
City of Spokane Valley Shoreline Master Program
Council Adopted by Ordinance No. Chapter 4 — Development Regulations
Page 68 of 76
City of Spokane Valley Shoreline Master Program
Fish and ,vildlife habitat mitigation.
1. bVhen necessary. fish and wildlife habitat mitigation shall be documented in a
habitat management plan (See SWAC 21 50.5401F)(1)1
NW: r sites sl•- : -e located:
a. =raf; "' ,r �'� -Ve C,J t . ` -.[:'•-,? ni t{, <,:
mini
�lii��f<_ssi^nil sisal! be
'le
c. a fir per and 80
f,-,r FyyHCAs.
-al area reoon reauirements in SVMC
Council Adopted by Ordinance No. 4-4_-4X ^e eei `,, �,-- °, '^ � Chapter a - Development Regulations
Page 69 of 76
City ojSpokane Valley Shoreline Master Program
eaG4 -
Council Adopted by Ordinance No. 41_-tl�l _ r'""" " "" '_ Chapter 4 Development Regulations
Page 70 of 76
City of Spokane Valley Shoreline Master Program
(10) Dedication or convevance of title of a riparian habitat area
to a public entitv for the ouroose of conservation.
v_ cf cons,_iltation with the't',ID=VV. If the habitat
nnmer', im. derally
nis shall be If ii:l'_..
94reGteF - 21i
io ari Uians of
2 Conditions ,r deri hab?.�i' cement alai
I11CIUd�-- - .: a01 21 for a C.
21.50.550 Geologically Hazardous Areas - Shoreline Critical Area Regulations
A. Applicability.
1. This section applies to all uses, activities, and structures within designated
geologically hazardous areas.
2. Applications for development within the shoreline jurisdiction shall identify if it
located within a geohazard area as designated on the City Critical Areas and
Priority Habitats Map. The DlreGtO may require additional
information based on the criteria in SVMC 21.50.550 to identify unmapped
geohazards if application material and/or a site visit indicate the potential for
geohazard.
B. Designation and classification.
1. Areas susceptible to erosion, sliding earthquake, or other geological events are
designated geologically hazardous areas in accordance with WAC 365-190-120,
Geologically Hazardous Areas.
2. Categories.
a. Erosion hazard areas are identified by the NRCS as having a "moderate
to severe," "severe," or "very severe' rill and inter -rill erosion hazard.
Erosion hazard areas also include areas with slopes greater than 15
percent.
b. Landslide hazard areas are subject to landslides based on a combination
of geologic, topographic, and hydrologic factors. They include areas
susceptible because of any combination of bedrock, soil, slope, slope
aspect, structure, hydrology, or other factors and include the following:
i. Areas of historic failures, including:
(1) Areas delineated by the NRCS as having a significant
limitation for building site development; and
(2) Areas designated as quaternary slumps, earthflows,
mudflows, lahars, or landslides on maps published by the
United States Geological Survey or WDNR;
ii. Areas with all of the following characteristics:
(1) Slopes steeper than 15 percent;
(2) Hillsides intersecting geologic contacts with a relatively
permeable sediment overlying a relatively impermeable
sediment or bedrock; and
(3) Springs or groundwater seepage;
('O!l)icil Adopted by Ordinance No. 44 424� n......r-,.,�,.,,,.ww-- ._,... n �n ('hnpler 4 - Developmen! Regtdationv
Page 71 of 7G
City of Spokane Valley Shoreline Muster Prograin
iii. Areas that have shown movement during the holocene epoch
(from 10,000 years ago to the present) or which are underlain or
covered by mass wastage debris of this epoch;
iv. Slopes that are parallel or subparallel to planes of weakness (such
as bedding planes, joint systems, and fault planes) in subsurface
materials;
V. Slopes having gradients steeper than 80 percent subject to rock
fall during seismic shaking;
vi. Areas potentially unstable as a result of rapid stream incision,
stream bank erosion, and undercutting by wave action, including
stream channel migration zones;
vii. Areas that show evidence of, or are at risk from snow avalanches;
viii. Areas located in a canyon or on an active alluvial fan, presently or
potentially subject to inundation by debris flows or catastrophic
flooding; and
ix. Any area with a slope of 40 percent or steeper and with a vertical
relief of 10 or more feet except areas composed of bedrock. A
slope is delineated by establishing its toe and top and measured
by averaging the inclination over at least 10 feet of vertical relief.
Seismic hazard areas are subject to severe risk of damage as a result of
earthquake induced ground shaking, slope failure, settlement or
subsidence, soil liquefaction, or surface faulting. One indicator of
potential for future earthquake damage is a record of past earthquake
damage.
C. Standards applicable to all geologic hazard areas.
1. Any development or uses proposed within 50 feet of a geologic hazard area shall
prepare a critical areas report satisfying the general critical area report
requirements in SVMC 21.50.500 and the additional standards for Geologic
Hazard Areas in SVMC 21.50.550(E).
2. Development or uses within geologically hazardous areas or associated buffers
shall only be allowed when the proposed development or use:
a. Does not increase the threat of the geological hazard to adjacent
properties beyond pre -development conditions;
b. Does not adversely impact other critical areas;
C. Is designed so that the hazard is eliminated or mitigated to a level equal
to or less than pre -development conditions; and
d. Is determined to be safe as designed and under anticipated conditions by
a Qualified Professional.
3. New development that requires structural shoreline stabilization over the life of
the development is prohibited, except in instances where:
a. Stabilization is necessary to protect allowed uses consistent with SVMC
21.50.420(B)(5);
b. No alternative locations are available;
C. Shoreline modifications do not negatively affect other critical areas
pursuant to SVMC 21.50.460; and
d. Stabilization measures conform to WAC 173-26-231, Shoreline
Modifications.
D. Standards applicable to erosion and landslide hazard areas.
Council Adopted by Ordinance No. 4-4_-4-24- Pet - •••' P. "" '_ _Chapter 4 - Development Regulations
Page 72 of 76
City of Spokane Valley Shoreline jLlaver Program
1. Development within an Erosion or Landslide Hazard Area and/or buffer shall be
designed to meet the following basic requirements unless it can be demonstrated
that an alternative design that deviates from one or more of these standards
provides greater long-term slope stability while meeting all other provisions of the
SMP. The requirement for long-term slope stability shall exclude designs that
require regular and periodic maintenance to maintain their level of function:
a. Development shall not decrease the factor of safety for landslide
occurrences below the limits of 1.5 for static conditions and 1.2 for
dynamic conditions. Analysis of dynamic conditions shall be based on a
minimum horizontal acceleration as established by the Uniform Building
Code as adopted or amended;
b. Structures and improvements shall be clustered to avoid geologically
hazardous areas and other critical areas;
C. Structures and improvements shall minimize alterations to the natural
contour of the slope and foundations shall be tiered where possible to
conform to existing topography;
d. Structures and improvements shall be located to preserve the most
critical portion of the site and its natural landforms and vegetation;
e. The proposed development shall not result in greater risk or a need for
increased buffers on neighboring properties;
f. The use of retaining walls that allow the maintenance of existing natural
slope area is preferred over graded artificial slopes; and
g. Development shall be designed to minimize impervious lot coverage.
2. Buffers from all edges of Erosion or Landslide Hazard Areas.
a. The minimum buffer shall be equal to the height of the slope or 50 feet,
whichever is greater.
b. The buffer may be reduced to a minimum of 10 feet when a Qualified
Professional demonstrates that the reduction will adequately protect the
proposed development, adjacent developments and uses, and the subject
critical area.
C. The buffer may be increased where the Direstef determines
a larger buffer is necessary to prevent risk of damage to proposed and
existing development.
3. Removal of vegetation from an Erosion or Landslide Hazard Area and/or buffer
shall be prohibited unless as part of an approved alteration plan consistent with
SVMC 21.50.260 Shoreline Vegetation Conservation.
4. New utility lines and pipes shall be permitted only when the Applicant
demonstrates that no other practical alternative is available. The line or pipe
shall be located above ground and properly anchored and/or designed so that it
will continue to function in the event of an underlying slide.
5. Stormwater conveyance shall be allowed only when the pipe design includes a
high -density polyethylene pipe with fuse -welded joints, or similar product that is
technically equal or superior.
6. New point discharges from drainage facilities and roof drains onto or upstream
from Erosion or Landslide Hazard Areas shall be prohibited except as follows:
a. If it is conveyed via continuous storm pipe downslope to a point where
there are no erosion hazards areas downstream from the discharge;
b. If it is discharged at flow durations matching pre -developed conditions,
with adequate energy dissipation, into existing channels that previously
conveyed stormwater runoff in the pre -developed state; or
Council Adopted by Ordinance No. 4-4 -420- n.........r ._ n 291 — _Chapter 4 - Development Regulations
Page 73 of 76
City ofSpokmne Valley Shoreline Master Progrann
C. If it is dispersed or discharged upslope of the steep slope onto a low -
gradient undisturbed buffer demonstrated to be adequate to infiltrate all
surface and stormwater runoff, and where it can be demonstrated that
such discharge will not increase the saturation of the slope.
Division of land in Erosion or Landslide Hazard Areas and associated buffers is
subject to the following:
a. Land that is located wholly within a designated Erosion or Landslide
Hazard Area or an associated buffer shall not be subdivided.
b. Land that is located partially within a designated Erosion or Landslide
Hazard Area or an associated buffer may be subdivided, provided that
each resulting lot has sufficient buildable area outside of the Erosion or
Landslide Hazard Area and buffer to accommodate reasonable
development without impacting the critical area or requiring structural
stabilization consistent with SVMC 21.50.180(B)(5) General Provisions.
C. Access roads and utilities may be permitted within an Erosion or
Landslide Hazard Area and associated buffers if the City determines that
no other feasible alternative exists.
On -site sewage disposal systems, including drain fields, shall be prohibited within
Erosion or Landslide Hazard Areas and associated buffers.
Additional critical areas report requirements for geologically hazardous areas reports.
In addition to the critical area report requirements in SVMC 21.50.500, geologically
hazardous area reports shall include:
1. A site plan showing the following:
a. The location of springs, seeps, or other surface expressions of
groundwater on or within 200 feet of the project area or that have
potential to be affected by the proposal;
b. The topography, in two -foot contours, of the project area and all hazard
areas addressed in the report; and
C. The following additional information for a proposal impacting an Erosion
Hazard or Landslide Hazard Area:
i. The height of slope, slope gradient, and cross section of the
project area;
ii. Stormwater runoff disposal location and flow patterns; and
iii. The location and description of surface water runoff.
2. A geotechnical study that addresses the geologic characteristics and engineering
properties of the soils, sediments, and/or rock of the project area and potentially
affected adjacent properties, including:
a. A description of the surface and subsurface geology, hydrology, soils, and
vegetation found in the project area and in all hazard areas addressed in
the report;
b. A detailed overview of the field investigations; published data and
references; data and conclusions from past assessments of the site; and
site specific measurements, test, investigations, or studies that support
the identification of geologically hazardous areas;
C. Site history regarding landslides, erosion, and prior grading;
d. A description of the vulnerability of the site to seismic and other geologic
events;
e. Proposals impacting an Erosion or Landslide Hazard Area shall include
the following additional information:
Council Adopled by Ordinance No. 1 -424_ -- - ^� „ 'n' Chapter 4 - Development Regulations
Page 74 of 76
City ojSpokane Valley Shoreline Master Program
i. A description of the extent and type of vegetative cover;
ii. An estimate of load capacity including surface and groundwater
conditions, public and private sewage disposal systems, fills and
excavations, and all structural development;
iii. An estimate of slope stability and the effect construction and
placement of structures will have on the slope over the estimated
life of the structure;
iv. An estimate of the bluff retreat rate that recognizes and reflects
potential catastrophic events such as seismic activity or a 100
year storm event;
V. Consideration of the run -out hazard of landslide debris and/or the
impacts of landslide run -out on down slope properties;
vi. A study of slope stability including an analysis of proposed angles
of cut and fill, and site grading;
vii. Recommendations for building limitations, structural foundations,
and an estimate of foundation settlement; and
viii. An analysis of proposed surface and subsurface drainage, and the
vulnerability of the site to erosion;
f. A detailed description of the project, its relationship to the geologic
hazard(s), and its potential impact upon the hazard area, the subject
property, and affected adjacent properties;
g. Recommendations for the minimum no -disturbance buffer and minimum
building setback from any geologic hazard based upon the geotechnical
analysis;
h. A mitigation plan addressing how the activity maintains or reduces the
pre-existing level of risk to the site and adjacent properties on a long-term
basis (equal to or exceeding the projected lifespan of the activity or
occupation);
i. Proposals impacting an Erosion or Landslide Hazard Area shall include
the following additional information:
i. An erosion and sediment control plan prepared in compliance with
requirements set forth in SVMC 22.150 Stormwater Management
Regulations; and
ii. Drainage plan for the collection, transport, treatment, discharge,
and recycle of water;
j. Location and methods of drainage, surface water management, locations
and methods of erosion control, a vegetation management and replanting
plan, or other means for maintaining long-term soil stability; and
k. A plan and schedule to monitor stormwater runoff discharges from the
site shall be included if there is a significant risk of damage to
downstream receiving waters due to:
i. Potential erosion from the site;
ii. The size of the project; or
iii. The proximity to or the sensitivity of the receiving waters.
A geotechnical report, prepared within the last five years for a specific site, and
where the proposed land use activity and surrounding site conditions are
unchanged, may be incorporated into the required critical area report. The
Applicant shall submit a geotechnical assessment detailing any changed
environmental conditions associated with the site.
Council Adopted by Ordinance No. - - m-.,,n v r r Chapter 4 - Development Regulations
Page 75 t f M
City of Spokane Valley Shoreline Master Program
21.50.560 Frequently Flooded Areas - Shoreline Critical Area Regulations
A. Incorporation and applicability. SVMC 21.30 Floodplain Regulations are incorporated by
reference herein and apply to all uses, activities, and structures within frequently flooded
areas.
Additional critical areas report requirements for frequently flooded areas. In addition to
the critical area report requirements in SVMC 21.50.500, critical area reports for
frequently flooded areas shall include:
1. A site plan showing:
a. All areas of a special flood hazard within 200 feet of the project area, as
indicated on the flood insurance map(s);
b. Floodplain (100-year flood elevation), 10- and 50-year flood elevations,
floodway, other critical areas, buffers, and shoreline areas; and
C. Elevation of the lowest floor (including basement) of all structures, and
the level to which any nonresidential structure has been flood proofed.
Alterations of natural watercourses shall be avoided, if feasible. If
unavoidable, the critical area report shall include:
i. A description of and plan showing the extent to which a
watercourse will be altered or relocated;
ii. A maintenance plan that provides maintenance practices for the
altered or relocated portion of the watercourse to ensure that the
flood carrying capacity is not diminished and downstream or
upstream properties are not impacted; and
iii. A description of how the proposed watercourse alteration
complies with the requirements of FWHCAs, the SMP, and other
applicable state or federal permit requirements.
Council Adopted by Ordinance No.-I-4_-4-24- r' '•'� R �' "-- -"01 '._ _ Chapter 4 - Development Regulations
Page 76 of 76
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CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: March 11, 2021
Item: Check all that apply ❑ old business
❑ information
FILE NUMBER: CTA-2020-0004.
® new business ❑ public hearing
® study session ❑ pending legislation
AGENDA ITEM TITLE: Title 24 Building Code Regulations Code Text Amendment.
DESCRIPTION OF PROPOSAL: A City -initiated code text amendment to modify Chapters 24.40 and
24.50 of the Spokane Valley Municipal Code (SVMC) to update relevant code references and add clarifying
language for consistency throughout the SVMC and other adopted codes.
GOVERNING LEGISLATION: SVMC 17.80.150, SVMC 19.30.040, SVMC 24.40, SVMC 24.50,
RCW 19.27.031, RCW 19.27.040, and RCW 36.70A.106.
BACKGROUND: Title 24 adopts the Washington State Building Codes and amendments to such code
per Revised Code of Washington (RCW) 19.27.031 and 19.27.040. The 2018 editions of the
International Building Code, International Residential Code, International Mechanical Code, International
Fire Code, Uniform Plumbing Code, Washington State Energy Code, and portions of the International
Wildland Urban Interface Code, including amendments, became effective throughout Washington State
on February 1, 2021.
The amendment will align the language of Title 24 SVMC with the State adoption of the Codes discussed
above, to implement local amendments including the adoption of portions of the 2018 International Property
Maintenance Code and International Fire Code Appendix Chapters B, C, and D, and to implement clarifying
language related to permit expiration and land disturbance permits.
Staff will discuss the regulations as they exist and discuss the proposed code changes presented for
consideration.
RECOMMENDED ACTION OR MOTION: No action recommended at this time. This item is for
discussion purposes only. A public hearing is scheduled for March 251h, 2021.
STAFF CONTACT: Jenny Nickerson, Building Official.
ATTACHMENTS:
1. Title 24 of the SVMC with proposed changes.
2. Powerpoint presentation.
RPCA Study Session — CTA-2020-0004 Title 24 Building Codes Regulations Code Text Amendment Page l of l
Chapter 24.40
CODES ADOPTED
Sections:
24.40.010
General.
24.40.020
Specific.
24.40.030
Local administrative provisions.
24.40.040
Local amendments to the adopted codes.
24.40.010 General.
A. The adopted codes shall apply to any structure, equipment, or activity as provided regulated4yf4
herein adopted codes. All re ere need waes are ailable f F viewing .,t the Cit. ...4
B. All projects submitted for review and approval must conform to the requirements of this title.
24.40.020 Specific.
A. Pursuant to chapter 19.27 RCW. 19.27A RCW. and chapter 51-50 WAC. there is adopted and in effect within
the Citv the Washington State Building Code. as presentiv constituted or subsequently amended, together with all
amendments and additions provided in this Title 24 SVMC. The adopted code includes:
1. The International Building Code. current adopted Edition. as published by the International Code
Council. Inc.. including Washington State Amendments (chapter 51-50 WAC):
2. International Residential Code. current adopted Edition, as published by the International Code
Council. Inc., including Washington State Amendments (chapter 51-51 WAC):
3. International Energy Conservation Code, current adopted Edition. as published by the International
Code Council. Inc.. including Washington State Amendments (chapters 51-1 IC and 51-11 R WAC):
4. International Mechanical Code and the International Fuel Gas Code. NFPA 58 and NFPA 54. current
adopted Editions, as published by the International Code Council. Inc., including Washington State Amendments
(chapter 51-52 WAC):
5. International Fire Code, current adopted Edition, as published by the International Code Council. Inc..
including Washington State Amendments (chapter 51-54A WAC): and
6. Uniform Plumbing Code and Uniform Plumbing Code Standards, current adopted Edition, as published
by the International Association of Plumbing and Mechanical Officials, including Washington State Amendments
(chapter 51-56 WAC). The olle .wing, ee lei as presen l....enstituted a - subsequen ly amended by the state e f
Alashing4en, all as amended, added to, eF &ieluded in this chapter, toggetheF with all amendments and addifiens—
wided in this title aFe edepte,7 and shell he applicable within the Cit.
A. Ehapter 51 11 WAG Washington state Energy Code.
B. Chapter 51 19—WAG Washington State HisteFiG Building Code
C. Chapter 5 1 50 MIAC State Building Gede Adeptien and Amendment of the intemational Building ,
Code.including
., Appendix ChapteFS E, F, G, 1, and i and W-C ANSI Al 17.1 and the interflatienal Existing Building
BuildingD. Chapter 5 1 51 WAC State Building Code Adeption and Amendment of the hiternatienal Residential C
E. Chapter 51 52 WAC State
Gede Adeption and Amendment of the international Meehanieal Gode, the
r t t lFuel Gr a r PA cu and NFPA cn
CTA-2020-0004 (Title 24 updates) Page 1 of 14 March 3, 2021 draft final v 1
_ WAG State Building Cede Adeption and Amendment Of the 1fiternatiEfflal Fire GOde..Q GhapteF 51 56 MIAC State Building GodeAdeptien and Amendment Af the Unifer-m Plumbing Cede.
Plumbing
b '
Plumbing Cede; in the event ef eenfliets with the State
Code adoption of the -
Plumbing
PlumbingUnifeffn
Code, the state eode will prevail. Sueh eenfliets will be Feviewed and a determination issue443.)L-
the building e ffical ♦he:.7.,,.:.....,e
a ..
a
-JB#. The Citv hereby adopts the 200189 Edition of the International Property Maintenance Code, current adopted
Edition. as published by the International Code Council. Inc., except Sections 106, 111, 302.3, 302.4, 302.8,-343;
304.2, 304.8, 304.13 through 304.1$9 305.3, 305.6, 308, 309.2 through 309.5, 404.1, 506.3, 507, and 606 are not
adopted. The adopted International Property Maintenance Code is further hereby amended as provided in this Title
24 SVMC. The adopted International Propertv Maintenance Code is in addition and supplemental to any and all
other adopted codes and regulations. and applies to any and all existing structures and premises: equipment.
facilities and fixtures: IiQht, ventilation, space heatin!, sanitation, life and fire safety hazards: responsibilities of
owners. operators. and occupants: and occupancv of existing premises and structures: and such other matters as
contained therein.
24.40.030 Locales provisions.
A. The ^ate,^;'i:t-provisions contained in the codes adopted in SVMC 24.40.020 shall apply unless specifically
amended by this section er SVME 2-4A4.WTitle 24 SVMC.
B. The following provisions amend all codes adopted by SVMC 24.40.020. Any provisions related to fees, time
limitation of application and permit expiration in any of the codes adopted in SVMC 24.40.020 are not adopted,
including but not limited to International Building Code subsections 105.3.2 and 105.5 as adopted by Chapter 51-50
WAC, and International Residential Code subsections R1053.2 and R105.5 as adopted by Chapter 51-51 WAC.
C. Projects subject to regulation under this chapter vest to the state code edition under which a complete application
was accepted.
1. Time Limitation of Application. Applications are valid for one year. One or more
extensions of time may be granted for a term of not more than at 180 days but shall not exceed the
time remaining in the code cycle to which the application is vested. Any request for extension shall be
made in writing. All permit applications regulated by this title shall be deemed to be abandoned and
become null and void if a permit is not issued within the time limitsations described herein.
a. Applications that have expired subject to this section have no vested right to review under the state code
or Spokane Valley Municipal Code in effect at the time of original complete application.
b. For review to continue on a project for which the application has expired, a new permit application
must be submitted and a new fee paid. The application is subject to the processes and requirements of
the Spokane Valley Municipal Code as constituted at the time of the new application. The scope of
application submittal requirements and review process shall be determined by the city manager or
designee.
2. Expiration of Permits. Every permit issued subject to this section shall expire and become invalid unless
the work authorized by such permit is commenced within two years of issuance. One or more extensions
of time may be granted for a term of at more than 180 days but shall not exceed the time
remaining in the first full code cycle after the code cycle to which the permit is vested. Any such
extension shall be requested in writing.
A permit issued subject to this section shall expire and become invalid if the work authorized by the
permit is not completed within two years after the first required inspection has been made.
CTA-2020-0004 (Title 24 updates) Page 2 of 14 March 3, 2021 draft final vl
a. Permits that have expired subject to this section have no vested right to review under the Spokane
Valley Municipal Code in effect at the time of original complete application acceptance.
b. When a permit expires and the work authorized by the expired permit is not completed, the remaining
work may continue only after a new permit application for the remaining work has been submitted,
approved, and new fees paid. The scope of permit review and fee amount shall be determined by the
eCity mManager or designee. The fees shall be set to cover actual City costs for services.
c. Compliance Actions. If a permit issued to resolve a code violation expires subject to this section, the
property owner may be subject to the immediate imposition of penalties and remedies authorized by
the Spokane Valley Municipal Code.
3. Permit Ownership. Ownership of a permit issued pursuant to this title inures to the property owner. If the
permit applicant is not the property owner, the applicant shall be held to be an agent of, and acting on
behalf of, the property owner.
4. Fees and Fee Refunds. Application and permit fees shall be collected or refunded subject to the provisions
of the currently adopted Spokane Valley master fee schedule. A permit shall not be valid until the fees
prescribed by the Spokane Valley master fee schedule have been paid in full.
The building official may authorize the refunding of fees in the manner and for the amounts set forth in the
currently adopted Spokane Valley master fee schedule.
5. Work Commencing Before Permit Issuance. Any person who commences any work on a building
structure, electrical, gas, mechanical or plumbing system, before obtaining necessary permits, shall be
subject to an investigation fee in accordance with the current City of Spokane Valley master fee sschedule—
The investigation fee shall be equal to and additional to the permit fee that would have been required had a
permit been issued and is owed whether or not a permit is subsequently issued. Payment of the
investigation fee does not vest illegal work or establish any right to a permit.
24.40.040 Local amendments to the adopted codes.
The City hereby amends the adopted State Building, Code as follows:
A. The International Building Code.
1. Amend Section 105, Permits, as follows:
a. Section 105.2, Work exempt from permit, Building: 1. to read as follows:
One-story detached accessory structures used as tool and storage sheds, playhouses
and similar uses provided the floor area does not exceed 200 square feet (11.15 m'-).
b. Section 105.2, Work exempt from permit, Building: Item 6. to read as follows:
Item 6. Decks, sidewalks and driveways not more than 30 inches (762 mm)
above the lowest adjacent ground level within six feet horizontally of
the edge of the deck, sidewalk or driveway and where a guardrail is not
required by other sections of this code, and not over any basement or
story below and are not part of an accessible route.
CTA-2020-0004 (Title 24 updates) Page 3 of 14 March 3, 2021 draft final v 1
B. The International Residential Code.
1. —4—Replace Table R301.2(1), Climatic and Geographic Design Criteria, with the following:
GROUND
WIND DESIGN
SEISMI
SUBJECT TO DAMAGE
WIN
TER
DESI
GN
TEM
ICE
BARRIER
FLOO
AIR
FREEZ
MEA
N
ANN
UAL
TEMP
SNOW
LOAD"
C
DESIG
FROM
D
HAZA
Ultima
Topogr
Spec
Windb
Weathe
Frost
Termit
UNDERLA
ING
INDE
Le
Design
aphis
effects
ial
wind
orne
debris
N
CATEG
ring
line
depth
a
YMENT
REQUIRED
RDS
x
Speed
re io
region
ORY
P.
(mph)
n
39lbs ft'
'Roo
Snow Load:
110
'Nomi
No
No
No
C
Severe
24"
Slight
to
Mader
10T
Yes
2010
1232
47_2°
FIRM
F
nal
Design
min.30
!bs
ate
Speed:
85
MANUAL DESIGN CRITERIA'
Elevation
Latitude
Winter
heating
Summer
cooling
Altitude
correction
factor
Indoor design
Design
temperature
Heating
temperature
temperature
coolin
difference
2001
47°N
7°F
89°F
0.94
72°F
75°F
65'F
Cooling
temperature
Wind velocity
Wind velocity
Coincident wet
Dai1V range
Winter
humidity
Summer
humidity
heating
cooling
bulb
difference
14°F
I 15 MPH
I 7.5 MPH
II
High
I 30%
1 50Y
'Manual J Design Criteria may be based on site -specific data in accordance with the Washington State Enerev Code.
21 Ad4mend a subsection to Section R310.2_5, Emergency escape and rescue openings, as follows:
R310.2_56 Replacement of emergency escape and rescue openings except for replacement
of glazing only in such windows shall be of the size required by this section.
34. Amend Section R322, Flood -resistant construction, as follows:
a. Modify R322.1, General, to add municipal code reference and read as follows:
All development in whole or in part within a designated floodplain shall comply with
SVN4G 21.30 SVMC and be designed and constructed in accordance with the
provisions contained in this section.
b. Add a sentence to subsection R322.1.4, Establishing the design flood elevation, such that the section
reads as follows:
The design flood elevation is equal to base flood elevation plus one (1) foot. The
design flood elevation shall be used to define areas prone to flooding, and shall
describe, at a minimum, the base flood elevation at the depth of peak elevation of
flooding (including wave height) which has a 1 percent (100-year flood) or greater
chance of being equaled or exceeded in any given year.
c. Delete item 1 in subsection R322.2.1, Elevation requirements, as amended by Washington State, and
replace with a new item 1 to read as follows:
Buildings and structures in flood hazard areas not designated as Coastal A Zones
shall have the lowest floors elevated to or above base flood elevation plus one foot.
d. Delete item 43 in subsection R322.2.1, Elevation requirements, as amended by Washington State, and
replace with a new item 43 to read as follows:
CTA-2020-0004 (Title 24 updates) Page 4 of 14 March 3, 2021 draft final v 1
413asement floors that are below grade on all sides shall be elevated to or above base
flood elevation plus one foot.
e. Add a second paragraph to Section R322.3.96, Construction documents, to read as follows:
The documents shall include a verification of foundation elevation prior to footing
inspection approval and a verification of lowest floor elevation to be base flood
elevation plus one foot prior to framing inspection approval.
C. The International Mechanical Code and the International Fuel Gas Code. Reserved.
D. The International Fire Code.
1. Adopt Appendix B Fire Flow Requirements for Buildines.
2. Adopt Appendix C Fire Hvdrant Locations and Distribution.l. Amend Append G to add an exeeptien after
the last paragFaph in Section I !05 1 Hydrant spaeing, as follows—
Exeeptiow
0
the -
building is equipped with an approved, autematie fire sprinkler system and the fire ehief has appFeved the
leeation of these required fi..e hydrants.
33. Adopt A4+wi+d Appendix D Fire Apparatus Access Roads:; amend Section D101.1, to read as follows:
D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable
requirements of the International Fire Code including the provisions of Section 503 Fire Apparatus Access
Roads.
E. The Uniform Plumbing Code. Reserved.
F. 7009 irate fflation l ol..mbiti., G ie ne^ a
b.
GFThe item tonal Existing i]..:I,J:...- l�..,J,. n..,.,.�.,.a
cv v�cc[»aciv ��a� �,votc[icb b ei:ve 3.
G#. The 200918 2018-International Property Maintenance Code.
1. Amend Section 202, General definitions, by adding the following definitions:
ai. Drugbuilding,
identified by the Chief of liee, , hor- upon h' h the FaanufaGWFe,
distribution, rr .,duetio or storage b e f illegal . rugg er the preewsers t eFeate illegal
,1«....,. has t.,l-e« «1.,,,e in a manner „h;.,h ., ..1,1 .,«,7.,«...,.- the l,l'
4. Blighted property. A property, dwelling, building, or structure which constitutes
blight on the surrounding neighborhood. "Blight on the surrounding neighborhood" is
any property, dwelling, building, or structure that meets any two of the following
factors:
i. A dwelling, building, or structure exists on the property that has not been
lawfully occupied for a period of one year or more;
ii. The property, dwelling, building, or structure constitutes a threat to the public
health, safety, or welfare as determined by the e,,ee ative autherit„ of the
C4t3}City manager or designee;
iii. The property, dwelling, building, or structure is or has been associated with
illegal drug activity during the previous twelve months.
b Drug properties and structures Any buildins structure and/or associated property.
identified by the Chief of Police, wherein or upon which the manufacture
CTA-2020-0004 (Title 24 updates) Page 5 of 14 March 3, 2021 draft final vl
distribution, production or storage of illegal drugs or the precursors to create illegal
drugs has taken place in a manner which could endanger the public.
2. Amend Section 202, General definitions, by deleting the following definitions:
a. Garbage;
b. Housekeeping unit;
c. Inoperable motor vehicle.
3. Amend Section 108, Unsafe structures and equipment, as follows:
a. Add a new subsection 108.8. Blighted properties. to read as follows:
In conformance with RCW 35.80A.010. the City may acquire by condemnation. in
accordance with the notice requirements and other procedures for condemnation
Provided in Title 8 RCW. anv propertv. dwelling. building, or structure which
constitutes a blight on the surrounding neighborhood.
Prior to such condemnation. the City Council shall adopt a resolution declaring that
the acquisition of the real propertv described therein is necessary to eliminate
neighborhood blight. Condemnation of propertv. dwellings. buildings. and structures
for the purposes described in this chapter is declared to be for a public use.
ab. Add a new subsection 108,E 9 Drug properties and structures, to read as follows:
Drug properties and/or structures are declared to be unsafe properties or structures
and are a classification of property subject to the special procedures set forth in
Section 108.68. The Building Official is authorized to abate such unsafe buildings,
structures, and/or associated properties in accordance with the procedures set forth in
this code and Washington statute, RGW 6 4.4 4.0 1 Ochapter 64.44 RCW, with the
following additional actions:
i. Due to public safety hazard in drug production facilities, all public and private
utilities shall be disconnected.
ii. Building(s) and structures shall be inspected to determine compliance with all
City ordinances and codes.
iii. Building(s) and any entry gates to the property shall be secured against entry
in the manner set forth in this code.
iv. Reconnection of utilities or occupancy of the building(s), structures or
property shall not be allowed until all violations have been addressed, all
dangerous conditions abated and a notice of release for re -occupancy has been
received from the health department and sheriff's office.
v. If dangerous conditions cannot be abated, occupancy shall be prohibited and
the structure and/or property may be subject to condemnation pursuant to
RCW 35.80A.010, Condemnation of blighted property.
dwelling,in eenformanee with RGIA1 35.80A.0 10, the City may acquire by condemnation, in aeeerdanee with the natiee—
CTA-2020-0004 (Title 24 updates) Page 6 of 14 March 3, 2021 draft final v l
Prier to sueli eandemnatien, the City Couneil shall adept a Feselution deelafing, that the acquisitien ef tile Feal
property deseFibed therein is neeessafy te eliminate b blight.,
dwelling b
use.
4. Replace the code reference, International Plumbing Code, in Sections 502.5 and 505.1, General, with the
following:
The State adoption of the Uniform Plumbing Code.
5. Delete the text of Section 602.2, Residential occupancies, and replace with the following:
Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 680 F (20' C) in all habitable rooms, bathrooms, and toilet rooms. Cooking
appliances shall not be used to provide space heating to meet the requirements of this
section.
6. Delete the text of Section 602.3, Heat supply, and replace with the following:
Every owner and operator of any building who rents, leases or lets one or more dwelling
units or sleeping units on terms, either expressed or implied, to supply heat to occupants
thereof shall provide heat to maintain a temperature of 68' F (20' C) in all habitable rooms,
bathrooms, and toilet rooms.
7. Replace paragraph one of Section 602.4, Occupiable work spaces, with the following:
Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of 65'
F (18' C) during the period the spaces are occupied.
8. Replace the code reference, ICC Electrical Code, in Section 604.2, Service, with the following:
The State adoption of the National Electrical ICCode.
CTA-2020-0004 (Title 24 updates) Page 7 of 14 March 3, 2021 draft final v 1
Chapter 24.50
LAND DISTURBING ACTIVITIES
Sections:
24.50.010
General.
24.50.020
Grading permit — General exemptions.
24.50.030
Engineered grading permits.
24.50.040
Regular grading permit.
24.50.050
Grubbing and clearing permit.
24.50.060
Severability.
Prior legislation: Ord. 07-010.
24.50.010 General.
A. General Applicability. This chapter applies to all land disturbing activities, whether or not a permit is required.
All land disturbing activities shall comply with this chapter and the requirements set forth by SVMC Title 21,
Environmental Controls, and-22.130.040, Street Sstandards. and Spokane Regional Stormwater Manual..
B. Purpose. The purpose of this chapter is to regulate all land disturbing activities to protect and safeguard the
general health, safety, and welfare of the public residing within the City of Spokane Valley by:
Establishing procedures for issuance of permits, plan approval, and inspection of grading construction; and
2. Controlling erosion and preventing sediment and other pollutants from leaving the project site during
construction by implementing best management practices; and
3. Reducing stormwater runoff rates and volumes, soil erosion and non -point source pollution, wherever
possible, through stormwater management controls and to ensure that these management controls are properly
maintained and pose no threat to public safety; and
4. Protecting downstream properties and public infrastructure.
C. Definitions.
1. "Applicant" is the private party or parties desiring to construct a public or private improvement within City
right-of-way, easements, or private property, securing all required approvals and permits from the City, and
assuming full and complete responsibility for the project. The applicant may be the owner or the individual
designated by the owner to act on his behalf.
2. "Clearing and grubbing" includes, but it is not limited to, removing trees, stumps, roots, brush, structures,
abandoned utilities, trash, debris, and all other material found on or near the surface of the ground in the
construction area.
3. "Grading" is the physical manipulation of the earth's surface and/or surface drainage pattern which includes
surcharging, preloading, contouring, cutting, and/or filling. Grading activities fall into two general categories:
engineered grading and regular grading.
4. "Land disturbing activity" results in a change in existing soil cover (vegetative or nonvegetative) or site
topography. Land disturbing activities include, but are not limited to, demolition, construction, clearing and
grubbing, grading and logging.
5. "Site" includes all the parcels included in the project.
D. Permit Required. A separate permit shall be obtained for each site. No land disturbing activity, unless specifically
exempted, shall be performed without first having obtained a permit. The following are the types of permit:
CTA-2020-0004 (Title 24 updates) Page 8 of 14 March 3, 2021 draft final vl
1. Engineered Grading. Refer to SVMC 24.50.020 for general exemptions. Refer to SVMC 24.50.030 for
applicability, additional exemptions, and permit requirements. All engineered grading shall comply with the
Washington State Environmental Policy Act.
2. Regular Grading. Regular grading is grading work that is not required to be engineered. Refer to SVMC
24.50.020 for general exemptions. Refer to SVMC 24.50.040 for applicability, additional exemptions, and
permit requirements.
3. Clearing and Grubbing Permit. Refer to SVMC 24.50.050 for applicability, exemptions, and permit
requirements.
E. Time Limitation of Application.
1. Applications are valid for one year. One or more extensions of time may be granted for a
term of not more than 180 days. Any request for extension shall be made in writing All permit applications
regulated by this title shall be deemed to be abandoned and become null and void if a permit is not issued
within the time limitsatie*s described herein.
a. Applications that have expired subiect to this section have no vested right to review under the
Spokane Valley Municipal Code in effect at the time of original complete application
b. For review to continue on a project for which the application has expired a new permit
application must be submitted and a new fee paid The application is subject to the processes and
requirements of the Spokane Valley Municipal Code as constituted at the time of the new application The
scope of application submittal requirements and review process shall be determined by the city manager or
designee.
2. Expiration of Permits. Every permit issued subject to this section shall expire and become invalid unless
the work authorized by such permit is commenced within two years of issuance. One or more extension of
time may be granted for a term not more than 180 days. Any such extension shall be requested in writing_
A permit issued subiect to this section shall expire and become invalid if the work authorized by the permit
is not completed within two years after the first required inspection has been made.
a. Permits that have expired subject to this section have no vested right to review under the
Spokane Valley Municipal Code in effect at the time of original complete application acceptance
b When a permit expires and the work authorized by the expired permit is not completed the
remaining work may continue only after a new permit application for the remaining work has been
submitted. approved, and new fees paid. The scope of permit review and fee amount shall be determined
by the city manager or designee. The fees shall be set to cover actual City costs for services
c. Compliance Actions. If a permit issued to resolve a code violation expires subject to this
section. the property owner may be subject to the immediate imposition of penalties and remedies
authorized by the Spokane Valley Municipal Code.
3. Permit Ownership. Ownership of a permit issued pursuant to this title inures to the property owner. If the
permit applicant is not the property owner, the applicant shall be held to be an agent of and acting on
behalf of, the property owner.
FE. Fees. Permit fees, including plan review, shall be assessed in accordance with the currently adopted Spokane
Valley master fee schedule.
GF. Surety. The applicant shall post a surety in an amount determined by the develepment Sep.: ^?^�
egg: ity E4wineefManager or designee. Acceptable surety instruments are cash savings assignments and letters
of credit issued by a duly chartered financial institution.
CTA-2020-0004 (Title 24 updates) Page 9 of 14 March 3, 2021 draft final vl
HG. Inspection. All land disturbing activities shall be subject to inspection by the development serviees ^ ^�
ity efN/lanner or designee. -For all engineered grading permits, special inspection of grading
operations and special testing shall be performed in accordance with the provisions of Chapter SVMC
22.130.040; and the current adopted Street sStandards and Chapter 22.150 SVMC and the current adopted Spokane
Regional Stormwater Manual.
If, during an inspection, site conditions and/or construction of permanent items are found to not be as shown in the
permit application or approved plans, the permit may be deemed invalid. No land disturbing activity shall be
undertaken, or continued, until revised plans have been submitted and approved.
The develepinent ^_...___ __nio r itv Manager or designeeEngineei: or de&ignee engineer shall be notified when
work authorized by a permit issued subject to this chapter is ready for final inspection. Final approval shall not be
granted until all work has been completed in accordance with the approved grading plans and any required reports
have been submitted.
114. Hazards. If the de,,elepnient se J:i r 40ty E--+neer-iVlanager or designee determines that any
land disturbing activity has or may become a hazard to life and limb, endanger property, cause erosion, or adversely
affect drainage, the safety, use, stability of a public way or drainage channel, the owner shall be notified in writing.
The owner is responsible to mitigate the hazard within the time specified by the development services senier
men itv. If not corrected within the identified period, the land disturbing activity shall be deemed to be a
violation pursuant to subsection Jl; of this section.
J1. Violations. Unless exempt, any land disturbing activity performed without a permit or in violation of any
applicable code or permit condition shall be considered hazardous and a public nuisance, subject to all enforcement
actions and penalties as found in &V-MC—Title 17 SVMC. In addition to any penalties. Athe City may assess an
investigation fee may he assessed for anv land disturbing work conducted without a permit. The investigation fee
shall be equal to and additional to the permit fee that would have been required had a permit been issued and is
owed whether or not a permit is subsequently issued. pursuant to inter —national Building Code Se tier 109 4 The
fee is payable prior to the issuance of a permit and is in addition to anv applicable permit fees for required permits.
Payment of the investigation fee does not vest the illegal work with any legitimacy, nor does it establish any right to
any permit for continued development of the project.
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to furies -penalties as
provided in ETitle 17 SVMC.
KJ-. Construction Stormwater Permit. The applicant shall contact the Washington Department of Ecology (Ecology)
to determine if a construction stormwater permit is required. The applicant shall comply with any Ecology
requirements including obtaining necessary Ecology stornnvater permits and the conditions of such permit.
LK. Changes in the Field. Revised design information. including revised plans pla*s-may be required when changes
are made to the design contemplated in the approved grading plans. Except as otherwise provided in the Street
Standards. bland disturbing activities affected by such changes shall not continue until the revised plans are
reviewed and approved by the deve'^... entseF�,ieesng-mee-City Engineer or designee. (Ord. 09-033 § 6,
2009).
24.50.020 Grading permit — General exemptions.
A grading permit, either engineered grading or regular grading, is not required for the following land disturbing
activities:
A. Excavations which meet all of the following:
1. Are less than three feet in height; and
2. Have slopes flatter than 2:1 (H:V); and
3. Do not exceed 50 cubic yards on any one lot;
CTA-2020-0004 (Title 24 updates) Page 10 of 14 March 3, 2021 draft final vl
B. Fills which meet all of the following:
1. Are less than two feet in height; and
2. Have slopes flatter than 2:1 (H:V); and
3. Are not intended to support structures; and
4. Do not obstruct a drainage course; and
5. Do not exceed 50 cubic yards on any one lot;
C. An excavation below finished grade for basements and footings of a building, retaining wall, or other structure
authorized by a valid building permit; provided excavation having an unsupported height greater than four feet after
the completion of such structure shall not be exempt. Use of. placement, and fill made with any material from any
such excavation shall be subject to the requirements of this chapter and shall not be exempt except as otherwise
provided herein. This shall net exempt pt . fill Fnade iih the rnater:z! r _m such excavation nor exempt any
bumuppeFted height gFeater than four feet after the completien ef such ;
D. Cemetery graves;
E. Refuse disposal sites controlled by other regulations;
F. Excavations to facilitate the septic tank elimination program;
G. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay. provided only —
where such uses are established. authorizedand provided for by law: and provided further such operations do not
affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. This
exemption does not exempt such activities fi•om any other applicable permit. including SEPA review
H. Exploratory excavations under the direction of a geotechnical engineer or engineering geologists.
24.50.030 Engineered grading permits.
A. Applicability. All grading shall comply with the Washington State Environmental Policy Act. SVMC 22.130.040
and the current adopted Street Standards Spokane Regional Stormwater Manual and applicable stormwater permit
requirements. An engineered grading permit is required for each of the following land disturbing activities: A11--
!�radine� shall comply with the tan State L.'.,..:.-onmental Pel:, . Aet SVMf 22 130 nan StFeet
standards.-
7
1. Grading in excess of 500 cubic yards; aFA
2. Excavations with cut slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet;
artd
3. Excavations with cut slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet; and
4. Fill slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet; and
5. Fill slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet; and
6. Grading in the floodplain; and
7. Grading in critical areas identified in SVMC Title 21; a*d
S. Grading in a drainage channel; an4
9. Grading to support a building or structure of a permanent nature; a*d
10. Grading associated with subdivisions pursuant to SVMC Title 20; a*d
CTA-2020-0004 (Title 24 updates) Page 11 of 14 March 3, 2021 draft final v I
11. Grading for engineered driveways, regardless of the amount of excavation or fill required for construction;
and
12. Grading for all ponds, water features, and manmade lakes greater than 500 square feet in surface area; artd
Nelajoi- use permits and/or any other PFOjeet likely te eause majer land disturbances as determined by the
Gad
143. Grading to support other engineering works such as, but not limited to, tanks, towers, machinery, retaining
walls, and paving; oraP4
1-51. Projects deemed to be a potential hazard or likely to cause maior land disturbances as determined by City
Manager or designee.
B. Exemptions. An engineered grading permit is not required for the following land disturbing activities:
1. 5 wedi alFeady included in a building
PeFmit or land aetien applieatien. but only te4 extent shown
., V pI; e Fit; s
-21. Grading work exempted per SVMC 24.50.020;
2. and gGrading work not meeting the requirements of subsection A of this section. subject to meeting
permitting requirements of SVMC 24.50.040 or SVMC 24.50.050.— in this lat4e- ease, the gFadifigweilld he
eensidered re-
gular grading.
C. Engineered Grading Permit Submittal Requirements. The minimum documents required for permit application
are as follows:
1. Completed permit application;
2 Twe sets of all rRequired plans stamped by a civil engineer licensed in the state of Washington;
3. Required reports, specifications, and supporting information prepared and stamped by a civil
engineer or geologist licensed in the state of Washington;
4. Plans shall demonstrate compliance with the provisions of this title, the Washington State Environmental
Policy Act. SVMC 22.130.040 and the current adopted Street Standards. Spokane Regional Stormwater
Manual. 9344C 22 130 040 Street stana.,..& and all relevant laws, ordinances, rules, and regulations;
5. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum
elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan
elements required in Chapter 4 of the current adopted Street Standards. and SVMC 22.130.040, Street
—
tandardTas applicable. The TESC plan may also be prepared by a certified erosion and sediment control
technician. All erosion prevention and sediment control measures shall be maintained, including replacement
and repair as needed. These minimum guidelines are not intended to resolve all project soil erosion conditions.
The applicant is responsible for confining all soil on the project site and implementing additional measures as
necessary to accommodate changing or unexpected site and weather conditions;
6. When required by SVMC 22.130.040, Street &Standards, Chapter 5, and/or the development ^'iep; rp"iAr
engineeFCity *g4i rManager or designee, a geotechnical evaluation demonstrating compliance with SVMC
22.130.040, Street &Standards, Chapter 5;
7. As required by law. Bdrainage fepefj,subrnittal demonstrating compliance with Chapter 22.150 SVMC,
Spokane Regional Stormwater Manual Chapters 2 and 3;
8. When required by the develepment ser-viees senior enginee City Eagim�Manager or designee, a
geotechnical site characterization (GSincluding an adequate description of the
geology of the site in accordance with the Spokane Regional Stormwater Manual Chapter 4; and
CTA-2020-0004 (Title 24 updates) Page 12 of 14 March 3, 2021 draft final v l
9. SEPA checklist, if required.
D. Engineered Grading Permit Final Acceptance. The following items are required prior to final acceptance:
1. Inspection by a qualified professional hired by the applicant; and
2. As -graded grading plans; and
3. A letter from the inspector that certifies that grading was conducted in accordance with the grading plan.
Certification requirements shall be in compliance with SVMC 22.130.040, Street sStandards.
24.50.040 Regular grading permit.
A. Applicability. Allgrading shall comply with the Washint=-ton State Environmental Policy Act. SVMC 22.130.040
and the current adopted Street Standards. Spokane Regional Stormwater Manual and applicable stormwater permit
requirements.1 - ading permit is required for all grading eperations unless exempted below. All grading sliall
22 An
engineered grading permit shall be required if the project meets the criteria specified in SVMC 24.50.030.
B. Exemptions. A regular grading permit is not required for the following land disturbing activities:
*470
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12. Work exempt under SVMC 24.50.020 or already included in an engineered grading permit.
C. Regular Grading Permit Submittal Requirements. The minimum documents required for permit application are as
follows:
1. Completed permit application; and
2. Plans demonstrating compliance with Chapters 4 and 5 of SVMC 22.130.040, Street Sstandards, Spokane
Regional Stormwater Manual and all other applicable laws, ordinances, rules and regulations. The name of the
owner and the name of the person who prepared the plan shall be included in all submitted plans and
documents; and
3. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum
elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan
elements required in Chapter 4 of SVMC 22.130.040, Street Sstandards, as applicable. The TESC plan may
also be prepared by a certified erosion and sediment control technician. All erosion prevention and sediment
control measures shall be maintained, including replacement and repair as needed. These minimum guidelines
are not intended to resolve all project soil erosion conditions. The applicant is responsible for confining all soil
on the project site and implementing additional measures as necessary to accommodate changing or unexpected
site and weather conditions.
24.50.050 Grubbing and clearing permit.
A. Applicability. A grubbing and clearing permit is required for each of the following land disturbing activities:
1. All grubbing and clearing activities disturbing 5,000 square feet or more of area; an4
2. Any clearing on slopes, wetlands, erodible soils, critical areas, etc.; a*4or
3. Any removal of trees and vegetation that does not trigger the grading permit requirements.
B. Exemptions. The following land disturbing activities are not required to obtain a clearing and grubbing permit:
1. Commercial agriculture as regulated under RCW 84.34.020. Clearing associated with agricultural uses,
excluding timber cutting not otherwise exempted;
CTA-2020-0004 (Title 24 updates) Page 13 of 14 March 3, 2021 draft final v l
2. Forest practices regulated under WAC Title 222, except for Class IV general forest practices that are
conversions from timberland to other uses;
3. Clearing and grubbing already included in a grading or building permit;
4. The removal of six trees or less per acre per parcel;
5. The removal of trees and ground cover by utility companies in emergency situations; or
6. Routine landscape maintenance and minor repair.
C. Permit Submittal Requirements. The minimum documents required for permit application are as follows:
1. Completed permit application; and
2. Plans demonstrating compliance with Chapters 4 and 5 of SVMC 22.130.040, Street sStandards, and all
other applicable laws, ordinances, rules and regulations; and
3. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum
elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan
elements required in Chapter 4 of SVMC 22.130.040, Street Sstandards, as applicable. The TESC plan may
also be prepared by a certified erosion and sediment control technician. All erosion prevention and sediment
control measures shall be maintained, including replacement and repair as needed. These minimum guidelines
are not intended to resolve all project soil erosion conditions. The applicant is responsible for confining all soil
on the project site and implementing additional measures as necessary to accommodate changing or unexpected
site and weather conditions. (Ord. 09-033 § 6, 2009).
24.50.060 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is determined invalid for any reason in whole or
in part by court, such decision shall not affect the validity of the remaining portions of this chapter.
CTA-2020-0004 (Title 24 updates) Page 14 of 14 March 3, 2021 draft final v I
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