HomeMy WebLinkAboutOrdinance 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()..
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