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2021-03-11 Agenda PacketS16615n�e jvalley. 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: https://spokanevalley.ZOOm.Lls/i/93950793161 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. 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 Page 5 of 8 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 Page 6 of 8 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 Page 7 of 8 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 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 Page I of 76 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. Council Adopted by Ordinance No. l-l_-N2lti " ••••` ". -"" '`_Chapter a - Development Regzdations Page 2 of 76 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. Council Adopted by Ordinance No. 44-4 - n ........ ram... n -n r Chapler a - Development Regulations Page 3 of 76 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 Page 4 of 76 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. Council Aclopred by Ordinance No. 4 L_-4-24- nee m r eo �n 201 1--Chapter 4 — Development Regulations Page 5 of 76 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. Council Adopted by Ordinance No. 4-4_-4-4I- 'P ' ' ' her;-2r ". 2 '_Chapter f — Development Regulations Page 6 of 76 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 Page 7 of 76 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 Page 8 of 76 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. Council Adopted by Ordinance No. - -4 -FWi- ee, „ice. n Chapter 4 - Development Regulations Page 9 of 76 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. Council Adopted by Ordinance No. r 'Chapter a - Development Regulations Page 10 of 76 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 Council Adopted by Ordinance No. 4-4 -4-24 '_'ten ,n r Chapter 4 - Development Regulations Page 11 of 7G 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. Council Adopled by Ordinance No. 4+_-429 n...em ice.- n �n r Chapter 4 - Development Regulations Page 12 of 7G 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: Council Adopted by Ordinance No. 14_-4-20^... ,.... ... n in r _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 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 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 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 Page 15 of76 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 Page 16 of 76 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 Page 17 of 76 City of Spokane Valley Shoreline Master Program Table 21.50-1: Snoreline uses 9 C C Z Z� l0 p 0 0 c_v c : 0 UU' L) m `oa (D `0 1° c c t °' +� 3 cM c� a I a rr 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 Page 18 of 76 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; Council Adopted by Ordinance No. 44-424- ')&ee• 'bef-9 oil Chapter 4 - Development Regulations Page 21 of 76 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 Page 22 of 76 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 Page 23 of 7G 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 Page 24 of 76 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 Page 25 oj76 City of Spokane Valley Shoreline Master Program 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 Page 26 of 76 City of Spokane Valley Shoreline Master program 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. Council Adopted by Ordinance No. 44 _ ^� ;�,�'� 2W Chapter 4 - Development Regulations Page 27 of 76 City ojSpokane Valley Shoreline Master Program 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 Page 28 of 76 City of5pokane Valley Shoreline Master Program 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 Council Adopted by Ordinance No. d-l_-N?N _ ^ ••••ram bee- 9," "' ' Chapter 4 - Development Regulations Page 29 of 76 City ojSpokane Valley Shoreline Master Program 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. Council Adopted by Ordinance No. d-F= lhl1 Chapter 4 — Development Regulations Page 30 of 76 City of Spokane Valley Shoreline Master Program 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; Cotatcil Adopted by Ordinanree No. -4 -4X1_ Chapter 4 - Development Regulations Page 31 of 7G City ojSpokane Valley Shoreline Master Program 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: Council Adopted by Ordinance No. l I-N?& - n ..ram �, _ Chapter 4 — Development Regulations Page 32 oj76 City of Spokane Valley Shoreline Master Program 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. Council Adopled by Ordinance No. 4-4_-44)-_ ^ e •' ", ?"' ' Cliapter a - Development Regadatiotis Page 33 of76 City of Spokane Valley Shoreline Master Program 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 Council Adopted by Ordinance No. 44 -4-AL " • • ••• hef- ". 204 - Chapter 4 - Development Regulations Page 34 of 76 City of Spokane Valley Shoreline Master Program 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: Council Adopted by Ordinance No. 44 -4-24 „ • • ••••'�az hoo-' ' Chapter 4 - Development Regulations Page 35 of 76 City of Spokane Valley Shoreline Master Progrmn 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. Council Adopted by Ordinance No. 4-4-4-24 _ "' "' ", -"" '___Clzapier 4 - Development Regulatioi7s Page 36 of 76 City of Spokane Valley Shoreline Mosier 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. 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 I i O L > QU rLs CL Y �o L 4� CL fu 4-J m C- N U CL O Q) u `n O U O 4-' E N O N Q Q O ° ° o C- Q •- E E V) o E Q U z J a z .C) 7. 4-JaJ 0 4-J Ln E 0 u - 4-J LO C- C: C) 0 u E 0 4-) C- 0 E -o L4r) c 71 0 _0 C- 4-j Ln E � V) E < Ln W QQ-00E > m -0 4-J m Q) x c- 4-J o > 04--) 0 -M CL .. c c;-- o 0 E Q) o U-i 0 4---J Ln 0 u Q) Q) u C- Q) 0 E om o Q 0 V) w -2 3: c 0 Z; C- V) (a) 4-J 4-j N i v I T -1 — • • n�' N •� W I.. U _ ..,� O O O w I c- W N E O 0 W � m _0 i J U _ E Q C G V) U � Ln L U 0 � In _ c n to � � cn � � — C6 > to can ) O U — p ._ •� Q f � Q ,� O N oc n UO -� N 0 • — U cn c- � -t-j (A nu W L Q V ;4-J L U V) E E W O 0. 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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 M M CL N O N O N w Ln O E V tw op UU/ 0 L V cu m +-j D �A O U CN - O � O 70 N U � c6 O � C6 N U- O O (.0 W 4-J c U) O c O � 0 O (6 i > -0 0 a) UO Q) 4--) O N N � N Q N � (J7 O O O O b�A O •v O O CU6 -O OD ON U , • U H o O N �0�� , (D 0 b�O N •Z3 c6 c6 - - -� m -O U)-0 (1) C Q) E1,-- 0 �� O OO O �> Q cn� •� N� �� N � E a)O �C6 O �Q O OQ OErl '- b�il0 N•0 p EU Q 0 00 O rl 70 00 r-I C 00 O O -0 > (n U I - O:3 N NNU ON� W7-1 -00 Q U "T-i O O N N c6 rl U b�0 > U � � U N 7 7 O U N � U � .� O O O Co `� ) c U N O � Q c- m N U O U cn > . _ c6 Cn •cn o c6 O c> � j Q — E 4: �j 6'y Nootp 0 bd �s 2-0 0 N 0 N co r� H N 0 N S#6ene�%ftft jUalley' 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 Page I of 70' 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 Page 5 of 76 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 Page 6 of 76 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 Page 7 of 7G 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 Page 8 of 76 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. Council Adopted by Ordinance No. 44 -0-J •� ,,.:eF--.,,n ,n r � Chapter 4 - Development Regulations Page 20 of 76 City of Spokane Valley Shoreline Muster Program 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: Council Adopted by Ordinance No. 4-4 �(1 a � ° ' r '_Chapter 4 -- Development Regulations Page 21 of 76 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. 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 Council Adopted by Ordinance No. 44-4_4�- " ••••ram .,r ,n r Chapter 4 - Development Regulations Page 22 of 76 City of Spokane Valley Shoreline Alfaster Program 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. Council Adopted by Ordinance No. -l-F__ lhFL _ n e ..ram, , . n vn v __Chapter 4 - Development Regulations Page 23 of 7G City of Spokane Iralley Shoreline Master Progrant 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 Council Adopted by Ordinance No. 1-F_-424- ^ -• '� . m" "" '_ Chapter 4 - Development Regulations Page 24 of 76 City of Spokane Valley Shoreline Muster 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). Council Adopted by Ordinance No. 4-4_-N?A _ r' � • ��r�.,.ber & -2Chapter 4 - Development Regulations Page 25 of 76 City of Spokane Valley Shoreline Master Program 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 Council Adopted by Ordinance No. 44-4-24-_ nee. gnheo- n ,n r , -Chapter a - Development Regulations Page 26 of 76 City ojSpokane galley Shoreline Muster Progratn 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. Council Adopled by Ordinance No. l-F_ _-4-24- _-" m� .,ei-r' ' ' ' Chup(er 4 - Development Regulations Page 27 of 76 City of Spokane Valley Shoreline Master Program 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. Council Adopted by Ordinance No. 4-4 AWN P •••'� �,-�— --,4 , n n r 4 Chapter 4 — Development Regulations Page 28 of 76 City of Spokane Valley Shoreline Master Program 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 Co:azcil Aclopted by Orcltncmce No. 4 l_ -N Jl „ .,....., gin ,c , , Clmpter 4 -- Development Regulations Page 29 of 7G City of Spokane Valley Shoreline Master program 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. Council Adopted by Ordinance No. 1-4-9--11-__ Chapter 4 - Development Regulations Page 30 of 76 City of Spokane Valley Shoreline Master Programs 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; Council Adopled by Ordinance No. 4-4-[ Fl n .,: _n . v 1 , _Chapter a Development Regulations Page 31 of 76 City ojSpokane Valley Shoreline Master Program 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: Co:arcil Adopted by Ordinance No. l F_-(I CFI ` " "'° "'r '_ _ _Chapter -1 - Development Regulations Page 32 of 76 - Commented[AC7]: Gap Analysis, Table 3-1,#1 - J Commented [AC8]: Gap Analysis, Table 3-1, p1 City of Spokane Valley Shoreline Alloster Program 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. Council Adopted by Ordinance No. 14 -4_1FL ^ " r r Chapter a - Development Regulations Page 33 of 76 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 Council Adopted by Ordinance No. d-{___-lhlp_ f' "ram �"' ° "" ' _Chapter a - Development Regulations Page 34 of 76 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: Council Adopted by Ordinance No. i-f___-82-4n ,...gin , , C lraprer 4 -- Development Regulations Page 35 of 76 City ofSpokaze Valley Shoreline Master Program 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. Cozazcil Adopted b}, Ordinance No. 4-F__-4-24 "r •• n ,n r , ('hapter 4 - Development Regulations Page 36 of 76 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. Council Adopted by Ordinance No. 4-4_-4-24 ^ •��'r a ,," "r ' Chapter 4 - Development Regulations Page 37 of 76 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): Council Adopted by Ordinance No. 4-F_-A 11 ^ ' ! �-- °. 201 ' Chapter 4 - Development Regulations Page 38 of 76 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 Page 39 oj76 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. Council Adopted by Ordinance No. 4 -N_ N- " �•� R - -f- ". _"" ' Chapter 4 - Development Regulations Page 40 of 76 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; Council Adopted by Ordinance No. F_-! -" " " r ' Graprer 4 - Development Regulations Page 41 oj76 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 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). Council Adopted by Ordinance No. 4-4_-42-4_-_ n ........ram... n 2n r Chapter 4 - Development Regtdations Page 42 of 76 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 fit ... .. .cz On 0 0 Q) N .. �U .V L O m O 4-)� V) m f� ,U-) 4-) �c 4-1 c) ---J Q 4-d • N N O O (� t /) O 4--J 4- O D O C G a m CU m U 7i 0- CU O E 0 C a� V) Q) I O -+J 0 IV m .V) c Q E Lli O T--i u O >, N U (3) r r-2 i--- cn c6 Lr O n N Ln ^ C- U •- 2 C)V) O U O V) U C G -U cn ' • 4-1 CL V O L CL CL 2 V) c 4-J C� LO i_ Q� 4--' Q) .5 Q) O V) L40 M v v ru V) a� 4-1 Q) L U V) r 75 V) O v c U 0 a� r x" _ O O m ry� E U Q O -0 -0 ca � c6 � C O U cn O O QJ E E V) •— O N � � E v Q u z 0 0 0 N O 0 M i X c 1, I 24 BMW • - •, -. r/ 4- 1 � r CU v Ln O n L! / I ,Vw■ I O O •� ■ " � O C— 1 T m cu EO 0 Q) E cn E -o o v � � � M � o � a� > Ev� �N a) Q � �, a� �, Ln bD 0 Q o 4� � o m �+ a-J o Q }' O �- Q c6 cu :� o �, m n D 4-1 O CL .. � o o � o r w L. � d. J V) O Q w m _0 ]. O U U Q1 s- O Camf) Z3 O v •L— O v O O `�— Q — , c6 w Q v 0 t� •i i t, f• N� 1 M 0 t .0 v v to E C 4-J (U v C: no bn L E cl/L) CL -� O v U j E W Ln Q Q) U 4-j L W � � b.0 Ln � � 0 O cn c6 u Q ^ O _u C) Lr) Q O c L. U.J rK CL j �1 O �Y O 74 _ .7,y'=off •��; ��,��� ,,;� r a cn N O Ln N m N LL O c V) r N O N C- m 0 m E (U 4-J rH N O N .Q Q I O O W E 0 V) O Q Ln 0 O .E N 0 ra N O cn W IL y-- O 0 O Q O .Ln .E E U bA C� r N 0� V) U -N U N O Ln +J '•s..t, m Ln U N m rn U U Ln • ���.� � cry `- `x� � � � _.t� yam'_ ~ ✓ 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 J� v: 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. 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