Loading...
Ordinance 22-001 Amends Shoreline Master Program CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.22-001 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING ORDINANCE NO. 21-007 AND THE SHORELINE MASTER PROGRAM DEVELOPMENT REGULATIONS IN CHAPTER 21.50 SPOKANE VALLEY MUNICIPAL CODE ADOPTED THEREIN, AND OTHER MATTERS RELATING THERETO. WHEREAS, the Shoreline Management Act(chapter 90.58 RCW) governs shorelines of the state and requires local governments to adopt shoreline programs in compliance with the Shoreline Management Act(SMA); and WHEREAS,RCW 90.58.080 requires local governments to develop or amend master programs for the regulation and uses of the shorelines of the state consistent with the guidelines adopted by the Washington State Department of Ecology(Ecology); and WHEREAS,the City of Spokane Valley(City)adopted a comprehensive shoreline master program (SMP) update pursuant to RCW 90.58.080(2),which was effective as of December 30,2015; and WHEREAS, RCW 90.58.080(4) requires the City to periodically review and, if necessary, revise its SMP on or before June 30, 2021; and WHEREAS, on June 8, 2021, the City Council adopted Ordinance No. 21-007 which adopted updates to the City's SNIP as required pursuant to RCW 90.58.080(4). Pursuant to Section 4 of Ordinance No. 21-007, the City Manager was directed to submit the revised SMP to the Department of Ecology (Ecology). Section 4 provided that "[o]nce approved by [Ecology], no further action is necessary for compliance with RCW 90.58.080(4)...." Pursuant to Section 6 of Ordinance No. 21-007 and RCW 90.58.090(7),the amendments to chapter 21.50 SVMC adopted therein"shall not be effective until 14 days after the [Ecology's] final action..."; and WHEREAS, on June 10, 2021, pursuant to WAC 173-26-110, the City submitted the SMP update as adopted by Council to Ecology for its review and formal action; and WHEREAS,on January 3,2022,Ecology submitted a letter to the City conditionally approving the SMP adopted on June 8,2021, subject to one modification. Specifically, the conditional approval requires the City to agree on language that requires Accessory Dwelling Units (ADUs) to complete a Substantial Development Permit under the City's SMP; and WHEREAS, the City must respond to Ecology within 30 days with the proposed language or submit an alternative proposal to be reviewed and approved by Ecology; and WHEREAS, the proposed change is not a new amendment but a response to a separate statutory process required for Ecology's approval of the SMP; and WHEREAS, Ecology concludes that the City's proposed SMP, with incorporation of Ecology's required change, can be considered consistent with the policy and standards of RCW 90.58.020 and RCW 90.58.090 and the applicable SMP guidelines (WAC 173-26-171 through 251 and WAC 173-26-020 definitions); and WHEREAS, the City Council desires to take the action identified by Ecology in its conditional approval to complete the SMP approval process; and Ordinance 22-001 Amends Shoreline Master Program Page 1 of 5 WHEREAS, this completes the City's required process for periodic review in accordance with RCW 90.58.080(4)and applicable state guidelines (WAC 173-26). NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows: Section 1. Findings and Conclusions. The City Council hereby finds that the review, consideration, and adoption process for Ordinance No. 21-007 complies with chapter 90.58 RCW and applicable City codes.. The City Council hereby finds that Ordinance No. 21-007 and the SMP updated adopted pursuant to Ordinance No. 2.1-007 complies with chapter 90.58 RCW and applicable SVMC subject to the modification required by Ecology as described in the above recitals. The City Council adopts the foregoing recitals as findings for this Ordinance, which are incorporated by reference as if set forth in full. The City Council fmds that by amending Ordinance No. 21-007 as required by Ecology will complete the necessary SMP update. Section 2. Ordinance No.21-007 Amended.The City Council hereby amends Ordinance No. 21-007 as follows: A. Table 21.50-1 on page 17 of Exhibit A is hereby amended as follows: 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. Table 21.50-1: Shoreline Uses I I I cd u u a) iv g g b b '1 0 o eel A ,� A 6 V V C eJ a) 0 � y` � cd SHORELINE USES v 4 d Agricultural Activities Aquaculture Boating Facilities(Including launches, ramps, public/commercial docks, and private docks serving more than four residences) N/A P C t Commercial Use Water-dependent P2 P2 C Water-related and water-enjoyment P2 P2 P2 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 Ordinance 22-001 Amends Shoreline Master Program Page 2 of 5 Other N/A p P P Mining Parking Facilities As a primary use As an accessory/secondary use P P P C Recreational Use Water-dependent P P P P P Water-related and water-enjoyment P P P P P Non water oriented P P P C4 C Trails and walkways P F_ P C5 P Residential Use _ Single-family A A A A Single-family residential accessory uses and structures A A A A Multi-family P P P Private docks serving one to four single- family residences N/A Accessory Dwelling Units P P P P Transportation Facilities New circulation routes related to permitted shoreline activities P P C C Expansion of existing circulation systems P P P P New,reconstructed, or maintenance of bridges,trail, or rail crossings P P P P P Public Facilities and Utilities Public facilities C C C C Utilities and utility crossings C C C C C Routine maintenance of existing utility corridor and infrastructure A6 A6 A6 P' A6 KEY: A Allowed P=Permitted C=Conditional Use Blank=Prohibited N/A=Not Applicable Notes: 1 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). '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. 4Non 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-sealed 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. 7 A Letter of Exemption is required, B. SVMC 21.50.370 on pages 30 and 31 of Exhibit A is hereby amended as follows: Ordinance 22-001 Amends Shoreline Master Program Page 3 of 5 21.50.370 Residential Development and Use A. Applicability. 1. This section applies to single-family and multi-family structures, lots, and parcels. 2. Residential uses also include accessory dwelling units(ADUs), accessory uses, and structures normally associated with residential uses including, but not limited to,garages, sheds,decks, driveways, fences,swimming pools, hot tubs, saunas, and tennis courts. 3. Clearing, grading, and utilities work associated with residential use are subject to the regulations established for those activities. B. Standards. 1. A Shoreline Substantial Development Permit is not required for construction by an. owner, lessee, or contract purchaser of a single-family residence, provided, any such construction of a single-family residence and all accessory structures meet the requirements of the SMP. 2. Residential development, including single-family structures, shall be required to control erosion during construction. Removal of vegetation shall be minimized and any areas disturbed shall be restored to prevent erosion and other impacts to shoreline ecological functions pursuant to SVMC 21.50.260. 3. New residential development, including accessory uses and structures, shall be sited in a manner to avoid the need for structural improvements that protect such structures and uses from steep slopes and shorelines vulnerable to erosion, including bluff walls and other stabilization structures. 4. New over-water residences and floating homes are prohibited. 5. New single-family residential accessory structures, excluding accessory dwelling units, may be located waterward of the shoreline setback provided that all of the following criteria are met: a. The combined building footprint of all accessory structures does not exceed 10 percent of the lot area; b. Structures are located outside of critical areas,their associated buffers, and the shoreline buffer; and c. Structures are set no closer than five feet to any side or rear property line. 6. New attached or detached accessory dwelling units shall: a. Be located landward of the shoreline buffer and outside of all critical areas and their buffers; b. Be pursuant to SVMC 19.40.100 Accessory Dwelling Unit; and c. Obtain a Shoreline Substantial Development Permit. 7. New residential developments of four or more lots shall comply with the following requirements: a. The shoreline buffer shall be shown on the plat and permanently marked on the ground with methods approved by the City Manager; 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 Ordinance 22-001 Amends Shoreline Master Program Page 4 of 5 c. Waterward of the OHWM. C. The remaining portions of the Ordinance 21-007 shall remain unchanged. Section 3. Submission to Department of Ecology. The City Manager or designee is directed to submit a written notice to the Department of Ecology that the City has agreed to the required changes and made such modifications. Once approved by the Department of Ecology,no further action is necessary for compliance with RCW 90.58.080(4) for the periodic review update due on June 30, 2021. Section 4, Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence, clause,or phrase of this Ordinance. Section 5. Effective Date. Except as otherwise provided in this Section,this Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by Iaw. The amendments to chapter 21.50 SVMC and Appendix A-I shall not be effective until the City receives a letter verifying Ecology has received the City's written notice as identified in Section 3. Passed by the City Council this 25`h day of January 2022 (1.7.?crict_ 0(11,QA,) Pam Haley, Mayor ATTES iFf"------ ristine Bainbridge, City Clerk Approved as to Form: Of-icekIthe Ci orney �'1 Date of Publication: 0 r�-6 9--A Effective Date: 1 f,-en `67().. Ordinance 22-001 Amends Shoreline Master Program Page 5 of 5