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2013, 06-18 Special Joint Meeting w/Planning Comm
CITY OF SPOKANE VALLEY AGENDA SPECIAL JOINT MEETING Spokane Valley City Council Spokane Valley Planning Commission Tuesday, June 18, 2013 6:00 p.m. — 8:00 p.m. Spokane Valley City Hall Council Chambers 11707 E. Sprague Avenue, Spokane Valley, Washington 99206 Welcome by Mayor Towey DISCUSSION AGENDA ITEMS INCLUDE (but are not limited to): 1) Shoreline Management Program—Lori Barlow, Spokane Valley Senior Planner; and Guests Tadas Kisielius, Partner with Van Ness, Feldman Gordon Derr Law Firm Noah Herlocker, Senior Ecologist with URS Corporation, and John Patrouch, Engineer with URS Corporation Update on Regulations: a. Development Regulations b. Critical Areas Regulations 2) Other Topics: ADJOURN During meetings held by the City of Spokane Valley Council,the Council reserves the right to take "action"on any item listed or subsequently added to the agenda. The term"action"means to deliberate, discuss, review, consider, evaluate,or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments,please contact the City Clerk at(509)720-5102 as soon as possible so that arrangements may be made. 06/18/2013 Joint Meeting,Council&Planning Commission CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 18, 2013 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Shoreline Master Program (SMP) Update GOVERNING LEGISLATION: Shoreline Management Act (SMA) RCW 90.58 PREVIOUS COUNCIL ACTION TAKEN: Numerous discussions regarding local implementation of the Shoreline Management Act under ROW 90.58, BACKGROUND: City Staff and the URS Corp. consultants have completed a Draft of the Development Regulations and Critical Areas Regulations for the Shoreline Master Program Update. These components are the fifth phase of the Shoreline Update Process, and are required by the Shoreline Management Act (SMA). The Washington Administrative Code (WAC 173-26-191(2)(a)(ii)) identifies generally the Master Program regulations required. The Regulations must be sufficient in scope and detail to ensure the implementation of the SMA, statewide shoreline management policies, and the local master program policies. The regulations must include general regulations, specific use regulations, shoreline modification regulations, and critical area regulations. The regulations and mitigation standards must be implemented in a manner consistent with all relevant constitutional and other legal limitations on the regulation of private property. Public review of the attached documents is anticipated to begin on or about July 1. Until public review begins, the documents are considered working drafts and are subject to change. While minor changes may occur as the document continues to be refined, the substantive content is expected to remain essentially unchanged. Notices for the public hearing and open house will be conducted as required. Once the public hearing is completed, the Planning Commission will forward a recommendation to the City Council for consideration. Attorney Tadas Kisielius worked in conjunction with staff and URS Corp. in the development of the regulations, and his input was incorporated into the draft during the development stage. He will be present at the meeting to discuss the document and answer questions. Staff and URS Consultants will present an overview of the process completed and discuss selected sections of the Draft regulations. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: Joint Study Session Draft Development Regulations and Critical Areas Power Point Presentation Shoreline Master Program Draft Development Regulations 21.50.010 DEFINITIONS For the purpose of this Shoreline Master Program, certain terms and words are defined. If a conflict exists between these definitions and those defined in the City of Spokane Valley Municipal Code, the definitions in this Shoreline Master Program govern. The definition of any word or phrase not listed in this section which is in question when administering this Shoreline Master Program shall be defined by the City's Community Development Director, or his/her designee,from the following sources in the order listed: A. Any City of Spokane Valley resolution,ordinance, code or regulation; B. Any statute or regulation of the state of Washington; C. Legal definitions from the Shorelines Hearings Board, from Washington common law or a law dictionary; or D. The common dictionary. 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, and grading which does not exceed 250 cubic yards and is located landward of the ordinary high water mark and the perimeter of a wetland. Agricultural activities: The cultivation of the soil, production of crops, and/or raising of livestock, including incidental preparation of these products for human use. Amendment: A revision, update, addition, deletion, and/or reenactment to an existing shoreline master program. Americans with Disabilities Act(ADA): The Americans with Disabilities Act, passed in 1990,gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment,transportation, state and local government services, and telecommunications. Applicant: A person who files an application for permit under this Shoreline Master Program 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. 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 Shoreline Management Act. 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 ordinary high water. 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. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 1 Shoreline Master Program Draft Development Regulations 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. Best Management Practices are typically adopted and published by a regulatory agency. 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 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 ADA access routes, boat and equipment storage, user amenities such as benches and picnic tables, and restroom facilities. 1 Buffer or Shoreline Buffer: The horizontal distance from the ordinary high water mark which is established to preserve shoreline ecological functions by limiting or restricting development. City: The City of Spokane Valley. Clearing: The destruction or removal of ground cover, shrubs and trees including, but not limited to, root material removal and/or topsoil removal. Activities related to the establishment or maintenance of yards or gardens associated with residential development and noxious weed removal are not considered to be clearing activities and are exempt from these Shoreline Master Program regulations, provided that such activities occur outside of the established shoreline buffer. 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 this Shoreline Master Program. Conditional uses are authorized subject to additional conditions and performance standards established and approved by the Director and the Department of Ecology, which has final approval authority. Critical areas: As defined under RCW 36.70A, critical areas include the following areas and ecosystems: A. Wetlands; B. Areas with a critical recharging effect on aquifers used for potable waters; C. Fish and wildlife habitat conservation areas; D. Frequently flooded areas; and E. Geologically hazardous areas. Degrade: To impair in respect to some physical or environmental property or to reduce in structure or function. City Council and Planning Commission Study Session Draft—June 18,2013 - Page 2 Shoreline Master Program Draft Development Regulations 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 Shoreline Management Act at any stage of water level. 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 this Shoreline Master Program other than goals and policies approved or adopted under RCW 90.58, 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 watercraft. Dredging: The removal of sediment, earth,or gravel from the bottom of a body of water, either for the deepening of navigational channels,to mine the sediment materials,to restore water bodies, for flood control, or for cleanup of polluted sediments. Director: The Community Development Director or his/her designee. 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. 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. Exemption or Exempt Development: Exempt developments are those set forth in WAC 173-27-040 and RCW 90.58.030(3)(e), 90.58.140(9),90.58.147, 90.58.355, 90.58.390 and 90.58.515 which are not required to obtain a Shoreline Substantial Development Permit but which must otherwise comply with applicable provisions of the Shoreline Management Act and this Shoreline Master Program. 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: A. 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; B. The action provides a reasonable likelihood of achieving its intended purpose; and C. The action does not physically preclude achieving the project's intended legal use. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 3 Shoreline Master Program Draft Development Regulations D. In cases where this Shoreline Master Program 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 ordinary high water mark, 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. Floodplain: Synonymous with the one hundred (100)year floodplain, that land area susceptible to inundation with a one (1) percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps. Floodway: The area, as identified in this Shoreline Master Program, that has been established in Federal Emergency Management Agency flood insurance rate maps or floodway maps. Footprint: That area defined by the outside face of the exterior walls of a structure. 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 Shoreline Management Act. 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 ordinary high water mark 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 hydroelectric generation, irrigation, water supply,flood control, transportation, utility service transmission,fish habitat enhancement, recreation, or other purpose. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 4 Shoreline Master Program Draft Development Regulations 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 Shoreline Master Program. Mitigation or Mitigation Sequencing: To avoid, minimize, or compensate for possible adverse impacts. Must:A mandate; the action is required. No net loss: The standard for protection of shoreline ecological functions established in RCW 36.70A.480, as that standard is interpreted by courts,the growth management hearings board, or the shoreline 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 overall not 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 vested within the application process prior to the effective date of the Shoreline Management Act or this Shoreline Master Program,or amendments thereto, but which does not conform to present regulations or standards of this Shoreline Master Program. Nonconforming use: A shoreline use which was lawfully established or vested within the application process prior to the effective date of the Shoreline Management Act or this Shoreline Master Program, or amendments thereto, but which does not conform to present regulations or standards of this Shoreline Master Program. Nonwater-oriented uses: Any uses that are not water-dependent, water-related, or water-enjoyment as defined by this Shoreline Master Program. 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 it may naturally change thereafter, or as it may change thereafter in accordance with permits issues by the City, provided that in any area City Council and Planning Commission Study Session Draft--June 18,2013 Page 5 Shoreline Master Program Draft Development Regulations 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 watercraft. Priority habitats and species: Habitats and species designated by the Washington Department of Fish and Wildlife (WDFW) 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. WDFW 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: include 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. A. For reports related to wetlands, this means a certified professional wetland scientist or a non-certified professional wetland scientist with a minimum of five (5)years' experience in the field of wetland science and with experience preparing wetland reports. B. For reports related to CARAs this means a hydrogeologist, geologist, or engineer, who is licensed in the state of Washington and has experience preparing hydrogeologic assessments. C. For reports related to fish and wildlife habitat conservation areas this means a biologist with experience preparing reports for the relevant type of habitat. D. 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. E. 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. F. 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. 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. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 6 Shoreline Master Program Draft Development Regulations Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions. Setback or shoreline setback: The minimum required distance between a structure and the shoreline buffer line that is to remain free of structures. Shall: A mandate; the action must be done. Shoreline Exemption, Letter of: Documentation provided by the City that proposed development qualifies as Exempt Development (as that term is defined herein) and that the proposed development is consistent with these shoreline regulations and other local and state requirements, including the State Environmental Policy Act when applicable. Shorelands and Shoreline jurisdiction: Those lands extending landward for two hundred (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 Shoreline Management Act and this Shoreline Master Program; the same to be designated as to location by the Washington State Department of Ecology. 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 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 this Shoreline Master Program for substantial development(as that term is defined herein) 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 (i)shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes. Within the City of Spokane Valley, Shelley Lake is considered a "shoreline" as it is greater than 20 acres in size. Shorelines of statewide significance: Those shorelines of the state listed in RCW 90.58.030(2)(e), including the Spokane River within the city limits of the City of Spokane Valley. Shorelines of the State: The total of all "shorelines" and "shorelines of statewide significance" within the State. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 7 Shoreline Master Program Draft Development Regulations Should: The particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this Shoreline Master Program, against taking the action. Significant vegetation removal: The removal of one (1) or more mature native trees greater than 12 inches in diameter at breast height or more than ten (10) square feet of native shrubs and/or native ground cover at any one time by clearing,grading, cutting, burning, chemical means, or other activity. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping,where it does not affect ecological functions does not constitute significant vegetation removal. Substantial development: Pursuant to RCW 90.58.030(3)(e) and adjustments for inflation by the State Office of Financial Management, any development of which the total cost or fair market value exceeds five thousand (5,000) dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state. Thresholds will be adjusted for inflation by the State Office of Financial Management every five (5)years, beginning July 1, 2007, based upon changes in the consumer price index during that time period. Any changes to this monetary threshold adopted by the State Office of Financial Management are hereby incorporated by reference. The following shall not be considered substantial developments for the purpose of this Shoreline Master Program: A. Normal maintenance or repair of existing structures or uses, including damage by accident, fire, or elements; B. Construction of the normal protective bulkhead common to single-family residences; C. Emergency construction necessary to protect property from damage by the elements; ID. Construction or modification of navigational aids such as channel markers and anchor buoys; E. Construction on shorelands by an owner, lessee, or contract purchaser of a single-family residence and any accessory or appurtenant structures for his own use or for the use of his or her family,which residence does not exceed a height of thirty-five (35)feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this Shoreline Master Program; F. Construction of a dock, including a community dock, designed for pleasure craft only,for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple-family residences. This exception applies if in freshwaters,the fair market value of the dock does not exceed ten thousand (10,000) dollars, but if subsequent construction having a fair market value exceeding two thousand five hundred (2,500) dollars occurs within five (5)years of completion of the prior construction,the subsequent construction shall be considered a substantial development for the purpose of this Shoreline Master Program; G. 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; H. Site exploration and investigation activities that are prerequisite to preparation of an application authorized under this Shoreline Master Program, if: 1. The activity does not interfere with the normal public use of the surface waters; City Council and Planning Commission Study Session Draft—June 18,2013 Page 8 Shoreline Master Program Draft Development Regulations 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 a 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. A private entity seeking authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions. 5. The process of removing or controlling an aquatic noxious weed listed on the state noxious weed list through the use of an herbicide or other treatment methods applicable to weed control. Substantially degrade: To cause significant ecological impact. Upland: Generally described as the dry land area above and landward of the ordinary high water mark. Utilities: Services and facilities that produce, convey,store or process power, gas, sewage, water, communications, oil, and waste. Variance: A process to grant relief from the specific bulk, dimensional or performance standards through submission of a Shoreline Variance Permit. A variance is not a means to change the allowed use of a shoreline. Viewing Platform: a platform located landward of the ordinary high water mark 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 this Shoreline Master Program, the term "water quantity" refers to uses and/or structures regulated under City Council and Planning Commission Study Session Draft—June 18, 2013 Page 9 Shoreline Master Program Draft Development Regulations this Shoreline Master Program affecting water quantity,such as impermeable surfaces and stormwater handling practices. Water quantity, for purposes of this Shoreline Master Program, 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: A. 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 B. 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 generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 10 Shoreline Master Program Draft Development Regulations 21.50.0100 GENERAL PROVISIONS A Applicability. The following regulations apply to all shoreline uses, activities, and modifications, including those that are exempt from a Shoreline Substantial Development Permit. B General Regulations 1. Regulations in SVMC Chapters 21.50.0100 through 21.50.0190 are in addition to the more specific use regulations in SVMC Chapters 21.50.0200 through 21.50.0340 of this Shoreline Master Program and other adopted ordinances and rules, including the Spokane Valley Municipal Code, Spokane Valley Comprehensive Plan, the Spokane Valley Street Standards, and the Spokane Regional Stormwater Manual, as amended. Where conflicts exist between regulations,those that provide more substantive protection to the shoreline area shall apply. 2. Projects that cannot be constructed consistent with all provisions of this Shoreline Master Program may be allowed if compliance with one or more provisions is deemed infeasible. The Applicant shall provide a narrative demonstrating infeasibility. Final determination is made by the Director. 3. All permitted and exempt projects within the shoreline jurisdiction shall ensure that the no net loss of ecological functions standard is met.SVMC Chapters 21.50.0120 No Net Loss and Mitigation Sequencing and SVMC Chapters 21.50.0160 Shoreline Vegetation Conservation contain appropriate methods to achieve this standard. To achieve this standard, 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. 4. All shoreline uses and modifications shall obtain permits from the appropriate local, state and federal agencies and shall operate in compliance with all permit requirements. 5. Exemptions or modifications to regulations may be granted through a Shoreline Variance,which is approved by both the City and Ecology. Shoreline modifications listed in Table 2 as "prohibited" are not eligible from consideration as a Shoreline Variance. 6. 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 7. When a proposal contains two or more use activities, including accessory uses,the most restrictive category will apply. 8. 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. 9. Structures shall be designed to be compatible with the shoreline environment by providing landscaping,vegetated buffers, exterior materials, and lighting that is consistent with surrounding developments. 10. When a study is required to comply with the Regulations in SVMC Chapter 21.50, it shall be performed by Qualified Professional registered in the State of Washington. 11. All clearing and grading activities must comply with Spokane Valley Code Chapter 24.50 Land Disturbing Activities. Adherence to the following is required during project construction: City Council and Planning Commission Study Session Draft—June 18, 2013 Page 11 Shoreline Master Program Draft Development Regulations 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 to prevent their entry into a water body. Waste materials from construction shall not be left on or adjacent to shorelines; 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. 21.50.0110 TERMS USED IN SHORELINE USE AND MODIFICATION TABLES A The following terms shall be used in conjunction with Shoreline Use and Modification Tables provided in SVMC Chapters 21.50.0111 and 2130.0112. 1. Allowed Use: These are uses that do not require submittal of a specific shoreline permit, including a Shoreline Substantial Development Permit. 2. Permitted Use: These are uses which are preferable and meet the policies of the particular shoreline environmental designation; requires submittal of a Shoreline Substantial Development Permit or a Shoreline Exemption application. 3. Conditional Use: A 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 Shoreline Management Act and the Shoreline Master Program. While not prohibited, these uses are an exception to the general rule. Criteria used for assessing conditional uses are outlined in Section X of this Shoreline Management Program. 4. Prohibited: These are developments and uses which are viewed as inconsistent with the definition, policies or intent of the shoreline environmental designation. For the purposes of this program,these uses are not considered appropriate and are not allowed, including by Shoreline Conditional Use or Shoreline Variance Permit. 21.50.0111 SHORELINE USES TABLE A Uses and activities are categorized within each shoreline environmental designation as allowed, permitted, conditional use, or prohibited, as defined in SVMC Chapter 21.50.0110. These uses shall also meet the requirements of SVMC Title 19 Zoning Regulations. Table 1 Shoreline Uses shall be used to determine the level of approval required for specific shoreline uses and activities described in this Shoreline Master Program. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 12 Shoreline Master Program Draft Development Regulations Table 1: Shoreline Uses I 1 i To = u u y a c Ii 7 a cu to m cc a to c '.47.t4 L. 44 rn SHORELINE USES v► m 3 > > x a Agriculture X X X X X Aquaculture X X X X X Boating Facilities(Including launches, ramps, public/commercial docks, and private docks serving more than four residences) N/A P C X (Note 1) Commercial Use Water-dependent X P (Note 2) P ' X C Water-related and water-enjoyment P (Note 2) P (Note 2) P X C Nonwater-oriented X X P X X Forest Practices X X X X X Industrial Use Water-dependent X X P X C Water-related and water-enjoyment X X P X X Nonwater-oriented X X X X X In-stream Structures As part of a fish habitat enhancement project N/A P P P P Other N/A P P X P Mining X X X X X Parking Facilities As a primary use X X X X X As an accessory/secondary use P P P C X Recreational Use Water-dependent P P P P P Water-related and water-enjoyment P P P P P Nonwater-oriented P P P C C Trails and walkways P P P C (Note 3) P Residential Use Single-family A A A A X Single-family residential accessory uses and structures A A A A X Multi-family P P _ P X X Private docks serving one (1)to four(4) single-family residences N/A P P P X City Council and Planning Commission Study Session Draft—June 18, 2013 Page 13 Shoreline Master Program Draft Development Regulations I I I To To c C C C p..0 CO ra 71 Di ce et 0 d 4. E 0 © 0 U. 7n u 1 — 13 3] C C 0. '+' r4 ro to O ro „Q ao _c a co O 'C 3 SHORELINE USES "' = 61 3 > > z < Transportation Facilities New circulation routes related to permitted shoreline activities P P C C X Expansion of existing circulation systems P P P P X New, reconstructed, or maintenance of bridges, trail, or rail crossings P P P P P Public Facilities and Utilities Public facilities P P P X C Utilities and utility crossings A A P P P Routine maintenance of existing utility corridor and infrastructure A A A A A KEY: A=Allowed. P=Permitted. C=Conditional Use. X= Prohibited. N/A=Not Applicable Notes: 1: For Boating Facilities within the Aquatic Environment,the adjacent upland environment per the City of Spokane Valley Environment Designation Map shall govern(Le.,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 MUC Mixed Use Center. 3: Modifications, improvements,or additions to the Centennial Trail are permitted in the Urban Conservancy— High Quality Environment. 21.50.0112 TABLE OF SHORELINE MODIFICATION ACTIVITIES A Table 2 Shoreline Modification Activities shall be used to determine whether a specific shoreline modification is allowed in a shoreline environment. Shoreline modifications are categorized as permitted, conditional use, or prohibited, as defined in SVMC Chapter 21.50.0110 . Shoreline modifications shall also meet the requirements of SVMC Title 19 Zoning Regulations. City Council and Planning Commission Study Session Draft—June 18,2013 Page 14 Shoreline Master Program Draft Development Regulations Table 2: Shoreline Modification Activities I I 1 I2 CCI a m m 4, C © U U TO C TU C C Ci VA t o s + .o s s -12 to ro a e- SHORELINE MODIFICATION ACTIVITY `.) M FA _ n z Q Shoreline/Slope Stabilization Structural, such as bulkheads N/A C C X Nonstructural, such as soil bioengineering N/A P P C (Note 1) Piers and Docks Piers N/A X C X Viewing Platforms _ P P P C Docks N/A P C X (Note 1) Dredging and Fill _ Dredging C C C X C Fill C C C X C Shoreline Habitat and Natural Systems Enhancement Projects _ P P P P P Breakwaters,Jetties,Groins,and Weirs X X X X X KEY: P= Permitted. C.Conditional Use. X=Prohibited. N/A= Not Applicable Notes: 1: For these uses within the Aquatic Environment,the adjacent upland environment per the City of Spokane Valley 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). 21.50.0120 NO NET LOSS AND MITIGATION SEQUENCING A Applicability.These regulations apply to all shoreline activities, uses, development and modifications, including those that are exempt from a Shoreline Substantial Development Permit. B Regulations: 1. All projects must result in no net loss of shoreline ecological functions and can meet this standard through project design, construction, and operations. Additionally, this standard can be achieved by following the mitigation sequencing outlined in SVMC Chapters 21.50.0120(B)4 and 21.50.0160 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 this end. 2. Required mitigation shall not exceed the level necessary to assure that the proposed use or development will assure no net loss of shoreline ecological functions. City Council and Planning Commission Study Session Draft—June 18,2013 Page 15 Shoreline Master Program Draft Development Regulations 3. Mitigation sequencing in accordance with Chapter 21.50.0120 (B)4 is required when specified in these regulations or for projects that: a Involve shoreline modifications; b Request a buffer or setback reduction in accordance with SVMC Chapter 21.50.0135 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. 21.50.0130 DIMENSIONAL STANDARDS A Regulations: 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 15 feet. 3. Modifications to these dimensional standards may be granted through a Shoreline Variance. 21.50.0135 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 and documented in Attachment X Shoreline Buffers. Shoreline buffers generally follow the vegetation conservation boundary identified in the shoreline inventory(Attachment XX). B Regulations: 1. Unless otherwise specified within these regulations, or the Critical Areas XX, 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. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 16 Shoreline Master Program Draft Development Regulations 3. Shoreline buffers for new and expanded uses may be reduced up to 25 percent through the Shoreline Variance process if one or more of the following conditions apply: a When adherence of the buffer width would not allow reasonable use; b When 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 must be supported by a Habitat Management Plan developed in conformance with the shoreline critical areas regulations; or c Where shoreline restoration is proposed consistent with the City's Restoration Plan; and d Only if the buffer widths have not been reduced or modified by any other prior action. 4. Building Setback from the shoreline buffer shall be as shown in Table 3: TABLE 3 Buffer Building Setbacks Environment Urban Urban Shoreline Shoreline Conservancy Conservancy— Residential - Residential - High Quality Upland Waterfront Setback 15' 15' 0' (note 1) 0' (note 1) Notes: (1)A 15' 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. 5. Front, rear, and side setbacks and lot coverage shall conform to the SVMC Title 19, Zoning Regulations. 21.50.0140 FLOOD HAZARD REDUCTION A Applicability. The section applies to project 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 Regulations: 1. All proposals shall conform to SVMC Chapters 21.30 Floodplain Regulation, 21.50.0240 In-stream Structures and 21.50.0300 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; City Council and Planning Commission Study Session Draft—June 18,2013 Page 17 Shoreline Master Program Draft Development Regulations 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 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. 21.50.0150 PUBLIC ACCESS A Applicability. These general regulations apply to all new projects by public and private entities, including the City of Spokane Valley, state agencies,and public utility districts. B Regulations: 1. Public access measures shall be consistent with the City's Public Access Plan. 2. Public access shall only be required in the review of shoreline substantial development permits and conditional use permits to the extent allowed by law and in a manner consistent with the City's Public Access Plan 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, 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 shoreline exemption or new single family residential development of four 4 or fewer units. 4. All shoreline permits or 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 Section Four of the Public Access Plan; and, c The proposed location,type, and size of the public access. 5. When public access is required pursuant to SVMC Chapter 21.50.0150 (B)2b, the City shall impose permit conditions requiring public access that is 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 exemption pursuant to SVMC Chapter 21.50.0150(B)2b, the Director shall determine and make written findings of fact stating that the use or development satisfies any of the conditions in SVMC Chapter 21.50.0150(B)2b and that any public access required is roughly proportional to the impacts caused or the demand created by the proposed use or development: City Council and Planning Commission Study Session Draft—June 18, 2013 Page 18 Shoreline Master Program Draft Development Regulations 7. When public access is required or proposed,the following shall apply: a The proposed public access shall be consistent with the City's Public Access Plan. b Mitigation sequencing shall be required to mitigate adverse impacts resulting from the public access. c Visual access to the shoreline may be established if all vegetation removal is consistent with SVMC Chapter 21.50.0160 Shoreline Vegetation Conservation. d Public access sites shall be connected to the nearest public street or other public access point. e 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. f 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. g 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 shall be approved by the Director as part of the permit review process. h Public access improvements shall include provisions for disabled and physically impaired persons where reasonably feasible. i Signage associated with public access shall be in conformance with SVMC Chapter 21.50.0280 Signs and Outdoor Lighting and Spokane Valley Municipal Code Chapter 22.110 Sign Regulations. 21.50.0160 SHORELINE VEGETATION CONSERVATION A Applicability. Vegetation conservation measures are required for all projects that propose vegetation removal except for the following: 1. Maintenance of existing yards or gardens; except that pruning and thinning activities within the buffer areas must comply with all of this section; 2. Noxious weed removal; and, 3. Dead or hazardous tree removal. 8 Regulations: 1. For projects that propose to remove one or more mature native trees or greater than ten square feet of native shrubs anywhere in the project site within the Shoreline Jurisdiction, a vegetation management plan shall be submitted that contains 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, City Council and Planning Commission Study Session Draft—June 18, 2013 Page 19 Shoreline Master Program Draft Development Regulations iii. Any natural or manmade 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 consistent with SVMC 21.50.0160 (B)2b, if applicable; and, ii. Any pathways or non-vegetated portions, and the materials proposed. 2. Projects that propose to remove native vegetation within the shoreline buffer shall meet the following standards: a The Applicant must demonstrate to the Director's satisfaction that the proposed vegetation removal is consistent with mitigation sequencing pursuant to SVMC Chapter 21.50.0120, 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; 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; and, 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 Chapter 21.50.0160(B)1 that demonstrates compliance with the standards of this section 21.50.0160 (B)2. 3. Pruning and thinning of vegetation. a Pruning and thinning of trees for maintenance, safety, forest health, and view protection shall be issued a letter of exemption if conducted within the following areas: I. Public land, ii. Utility corridors, and iii. Private residential land buffer area. b Pruning and thinning of vegetation for view maintenance on public and private lands shall be subject to the following conditions: i. Pruning and thinning is prohibited waterward of the ordinary high water mark; ii. Pruning and thinning activities shall ensure the continued survival of vegetation. i.e. no tree topping shall be allowed;and, iii. Pruning and thinning on public land to establish a view for adjacent properties shall be prohibited unless written approval of the public land manager is given. 4. Hazard 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 it can be determined to be City Council and Planning Commission Study Session Draft—June 18, 2013 Page 20 Shoreline Master Program Draft Development Regulations consistent with these regulations.A letter from a certified arborist or related professional shall be submitted and include: 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. 5. A performance surety may be required as a condition of shoreline permit approval to ensure compliance with the Shoreline Master Program. The performance surety shall be per Section 9.14.4 of the Street Standards. 6. Projects that require a critical areas report pursuant to section 5 of this SMP shall incorporate any specific vegetation conservation measures identified in the critical areas reports for the identified critical areas. Adherence with the Shoreline Critical Areas regulations regarding the application of pesticides, herbicides, fertilizers, or other chemicals is required for all vegetation removal activities. 21.50.0161 WATER QUALITY, STORMWATER,AND NONPOINT POLLUTION A Applicability. The following general regulation applies to all projects that add any pollution generating impervious surfaces. This standard supersedes the regulatory threshold specified in the Spokane Regional Stormwater Manual, which is applicable outside the Shoreline Jurisdiction. B Regulations: 1. All activities shall comply with the Spokane Valley Municipal Code Chapter 22.150 Stormwater Management Regulations, Underground Injection Control program, the Eastern Washington Phase II Municipal Stormwater permit requirements, applicable Total Maximum Daily Loads (TMDLs) laws and regulations, and other water cleanup plans. 2. Activities that cause contaminants to enter the aquifer or surface water bodies shall be prohibited. 3. Use of chemicals for residential, commercial, or industrial activities shall be in conformance with the Shoreline Critical Areas Ordinance. 21.50.0170 ARCHAEOLOGICAL AND HISTORIC RESOURCES A Applicability. The following general regulations apply 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 Regulations: City Council and Planning Commission Study Session Draft—June 18, 2013 Page 21 Shoreline Master Program Draft Development Regulations 1. Archaeological sites are subject to RCW 27.44(Indian graves and records) and RCW 27.53 (Archaeological sites and records). Development or uses that may impact such sites shall comply with WAG 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 can be determined through review of County and/or DAHP materials: a The project is on a 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; d Record archaeological sites located within the project area on DAHP Archaeological Site Inventory Forms; and, 4. When required,the cultural resources site survey or assessment shall be circulated to DAHP and affected Tribe(s). The Director 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 assure that such resources are protected. 5. 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 in accordance with SVMC Chapter 21.50.0170 (3), after coordinating with DAHP. 21.50.0180 NONCONFORMING USES, STRUCTURES, AND LOTS A Applicability. The following regulations apply to legal nonconforming uses, structures and lots that were lawfully established prior to the effective date of this Shoreline Master Program, or amendments thereto, but which do not conform to present regulation or standards of the Program. Legal nonconforming uses or structures shall be allowed to continue subject to the following regulations. B Regulations: 1. If a nonconforming use is discontinued or abandoned for 12 consecutive months,the nonconforming rights shall expire and any subsequent use shall only be allowed if the use meets all current applicable regulations. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 22 Shoreline Master Program Draft Development Regulations 2. A structure which is being used, or which has been used, for a nonconforming use, may be used for another nonconforming use of a similar intensity through a Shoreline Conditional Use Permit. 3. Expansion or modification of the exterior or footprint of a nonconforming structure and/or its accessory structures shall be allowed if the proposal: a Does not increase the degree of non-conformity with current regulations; and, b Will result in No Net Loss of shoreline ecological functions. 4. A nonconforming structure,that is moved any distance within the shoreline jurisdiction, shall be brought into conformance with the Shoreline Master Program. 5. A damaged nonconforming structure may be reconstructed or replaced if: a The permit application to restore the development is made within 12 months of the date the damage occurred; b The cost to fix all damage is less than 80 percent of market value of the structure; and c If the reconstruction or replacement of the nonconforming structure includes expansion or modification of the exterior or footprint of the original structure, the expansion or modification complies with SVMC Chapter 21.50.0180 (B)3. 6. An undeveloped nonconforming lot, tract, parcel, site, or division of land located landward of the ordinary high water mark may be developed if permitted by other City land use regulations and so long as such development conforms to all other requirements of this Shoreline Master Program 21.50.0190 GRAVEL PITS: A Applicability. This section applies to existing and active gravel pit operations. B Regulations: 1. 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 in accordance with WAC 173-26-201. City Council and Planning Commission Study Session Draft—June 18,2013 Page 23 Shoreline Master Program Draft Development Regulations 21.50.0200 REGULATIONS FOR SPECIFIC SHORELINE USES A Applicability. The regulations in SVMC Chapters 21.50.0200 through 21.50.0295 apply to specific common uses and types of development to the extent they occur within the shoreline jurisdiction. B General Provisions. Substantial Development Permits and Exemptions may contain specific conditions to ensure that the no net loss of ecological function standard is met. 21.50.0210 BOATING FACILITIES A Applicability. This section applies to new and existing boating facilities, as defined in the Definitions. B Regulations: 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 City's Public Access Plan and Section XX 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 consistent with SVMC Chapter 21.50.0150 Public Access. 5. Existing boating facilities may be maintained and repaired in accordance with the regulations of this Shoreline Master Program, provided the size is not increased. 6. In addition to the regulations above, boating facilities shall be consistent with the provisions described in SVMC Chapter 21.50.0260 Recreational Facilities and Use, 21.50.0220 Commercial Use, and, 21.50.0320 Piers and Docks, as applicable. 21.50.0220 COMMERCIAL USE A Applicability. This section applies to all commercial uses including those uses that are involved in wholesale, retail, service and business trade. Examples of commercial uses include restaurants, offices, and retail shops. B Regulations: 1. New nonwater-oriented commercial uses shall be prohibited unless: 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, c The site is physically separated from the shoreline by another property or public right-of-way. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 24 Shoreline Master Program Kraft Development Regulations 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, not including a service entry,that orients toward the shoreline. 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, or other visual screen consistent with the building exterior material and colors, shall be provided that conceals view of such equipment from the shoreline. f Commercial uses shall be screened from any adjacent residential uses by providing a Type I-Full Screeing Buffer in accordance with SVMC Chapter 22.70 Fencing, Screening, and Landscaping. g Landscaping within the shoreline setback area shall incorporate native plant materials. h 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. i A site plan and landscaping plan shall be submitted in accordance with SVMC 21.50.0220 (B)2. 3. Commercial wireless communication facilities shall not be allowed within the shoreline jurisdiction. 4. Home occupations are allowed within the Shoreline Residential—Upland and Shoreline Residential—Waterfront designations provided they meet the requirements of Spokane Valley Municipal Code 19.40.140 Home Occupations. 21.50.0230 INDUSTRIAL USE 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 stuffs. B Regulations: 1. New nonwater-oriented industrial uses shall be prohibited unless: a The use is part of a mixed-use project that includes water-dependent use; and, b Provides a significant public benefit such as providing public access and ecological restoration; or c The site is physically separated from the shoreline by another property or public right-of-way. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 25 Shoreline Master Program Draft Development Regulations 2. Industrial development shall be located, designed, constructed and operated to avoid visual impacts to the user of the Spokane River and Centennial Trail. 3. New industrial uses shall comply with the requirements of SVMC 21.50.0220(B)2 and 3. 4. Noise which is due to volume, frequency, or beat shall be muffled or otherwise controlled. 21.50.0240 IN-STREAM STRUCTURES A Applicability.This section applies to all projects proposing in-stream structures. B Regulations: 1. In-stream structures shall also conform to requirements of U.S. Army Corps of Engineers, Washington State Department of Fish and Wildlife,SVMC Chapters 21.50.0140 Flood Hazard Reduction, 21.50.0161 Water Quality,Stormwater and Non Point Pollution and 21.50.0300 Shoreline Modifications, and any other federal, state, and local requirements. 2. Permanent in-stream structures shall not impede normal ground and surface water movement. 21.50.0250 PARKING FACILITIES A Applicability.The following provisions apply to all new parking facilities. B Regulations: 1. Parking 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. i.e. Not a stand alone parking facility; and, c It is not serving a use not permitted in the shoreline jurisdiction. 2. Parking facilities serving individual buildings on the shoreline shall be located: a Landward from the principal building being served; or, b Within or beneath a structure. 3. Parking facilities shall be screened from the shoreline and less intense adjacent land uses by providing a Type I- Full Screening Buffer consistent with the requirements of SVMC Chapter 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. 4. Parking shall be consistent with SVMC Chapter 22.50 Off-Street Parking and Loading Standards. 5. Private projects, not including 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 Chapter 22.50: a Projects shall provide and dedicate one additional parking space for public use for every 20 parking spaces required to serve the proposed development; City Council and Planning Commission Study Session Draft—June 18, 2013 Page 26 Shoreline Master Program Draft Development Regulations 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. 21.50.0260 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. B Regulations: 1. Nonwater-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. The following water-oriented recreational structures shall be allowed waterward of the shoreline buffer and setback: a Boat launches, ramps, public docks, commercial docks, and private docks serving more than four residences; and 3. The following water-oriented recreational structures shall be allowed within the shoreline buffer and setback area: a 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, provided: i. Structures are located outside of an Urban Conservancy- High Quality area; ii. Structures are not located, in, on, or over water; and, iii. Structure height limit is less than 15 feet. 4. All recreational development shall provide: a Non-motorized and pedestrian access per SVMC Chapter 21.50.0150 Public Access; b Landscaping, fencing, or signage designed to prevent trespassing onto adjacent properties; c Signs indicating the publics' 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 in accordance with Table 22.70-2—Buffers Required by Type, Spokane Valley Municipal Code Chapter 22.70 Fencing, Screening and Landscaping, as applicable. 5. In addition to the regulations above, recreational development and uses shall be consistent with the provisions described in SVMC Chapters 21.50.0210 Boating Facilities, 21.50.0220 Commercial Use, and, 21.50.0320 Piers and Docks, as applicable. 21.50,0270 RESIDENTIAL DEVELOPMENT AND USE City Council and Planning Commission Study Session Draft--June 18, 2013 Page 27 Shoreline Master Program Draft Development Regulations A Applicability: 1. The residential development and use regulations apply to single-family and multi-family structures, lots, parcels. 2. Residential uses also include 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 Regulations: 1. A Shoreline Substantial Development Permit is not required for construction by an owner, lessee or contract purchaser of a single-family residence. However, its construction and all accessory structures shall meet the requirements of this Shoreline Master Program. 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. 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 ten percent of the lot area; b Structures are located outside of critical areas, their associated buffers, and the shoreline buffer; and, c Set not 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 consistent with the provisions of SVMC Chapter 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 Director; b A site plan shall be provided in conjunction with the building permit application showing the project elements described in 21.50.0270(B}3 above, and, c Project narrative describing how the project elements are being met. City Council and Planning Commission Study Session Draft—June 18,2013 Page 28 Shoreline Master Program Draft Development Regulations 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 restricts use and development within the defined shoreline buffer area. Title notices shall be recorded with each newly created parcel with the restrictive language. 10. New fences shall adhere to the requirements of SVMC Chapter 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 ordinary high water mark. 21.50.0280 SIGNS AND OUTDOOR LIGHTING A Applicability.The following provisions apply 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 Regulations: 1. All signs shall comply with SVMC Chapter 22.110 Sign Regulations;variances from these regulations may be granted according to the criteria listed in Section X Shoreline Variances. 2. Signage, including kiosks and directional signage to commercial uses or recreation areas, related to or along the Spokane River Centennial Trail, is allowed without a Shoreline Substantial Development Permit provided: a Signage is consistent with this Shoreline Master Program and master plans developed by State Parks,City Parks and the Centennial Trail; b Signage proposed within a buffer are shall not: i. Exceed 15 square feet in area; H. Exceed 6 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 Chapter 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 shall not trespass onto adjacent uses. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 29 Shoreline Master Program Draft Development Regulations 21.50.0290 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 through SVMC Chapter 21.50.0150 Public Access. B Regulations: 1. New road and bridge construction and expansion of existing roads shall be located outside of the shoreline jurisdiction. The Director may approve new and expanded roads when deemed necessary for the good of the community, or when 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. 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 or expansion of 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 an existing rail corridor or right-of-ways. 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. 21.50.0295 PUBLIC FACILITIES AND UTILITIES A Applicability. This section applies to all public facilities and utilities. Public facilities and Utilities are as defined in the Definitions. 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 a part of the primary use. B Regulations: 1. New public facilities and utilities are allowed as a Shoreline Conditional Use 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/or 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 without a Shoreline Substantial Development Permit. If existing high-quality vegetated areas, as noted in the Shoreline Inventory and Analysis, are disturbed by City Council and Planning Commission Study Session Draft—June 18,2013 Page 30 Shoreline Master Program Draft Development Regulations maintenance activities in Urban Conservation—High Quality designated shorelines, mitigation in accordance with SVMC Chapter 21.50.0120 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 under-grounding 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. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 31 Shoreline Master Program Draft Development Regulations 21.50.0300 REGULATIONS FOR SPECIFIC SHORELINE MODIFICATIONS A Applicability. The provisions of SVMC Chapters 21.50.0300 through 21.50.0340 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 Regulations 1. All Shoreline Modifications applications shall also conform with: a Spokane Valley Municipal Code Chapter 21.30 Floodplain Regulations; b Spokane Valley Municipal Code Chapter 24.50 Land Disturbing Activities; and, c Integrated Streambank Protection Guidelines (Washington State Departments of Fish and Wildlife, Ecology and Transportation, 2003 or as revised). 2. All shoreline modification projects shall ensure that the no net loss of ecological function standard is met. 3. Structural shoreline modifications,within the regulated floodplain and in-stream,shall only be allowed where it can be demonstrated that: a The proposed activities are necessary to: b Support or protect legally existing shoreline use or primary structure that is in danger of loss or substantial damage, or, c Reconfigure the shoreline or channel bed for an allowed water-dependent use, or, d Provide for shoreline mitigation or enhancement purposes, e That non-structural measures are not feasible. 4. All shoreline modifications, within the regulated floodplain and in-stream, shall provide the following: a Site suitability analysis that justifies the proposed structure; b A Habitat Management Plan prepared by a biologist 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 evaluates and addresses: 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. 21.50.0310 SHORELINE/SLOPE STABILIZATION City Council and Planning Commission Study Session Draft—June 18, 2013 Page 32 Shoreline Master Program Draft Development Regulations A Applicability. These regulations apply to shoreline and slope stabilization projects including structural and nonstructural measures. B Regulations: 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/or 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 Conditional Use Permit 5. New structural stabilization measures shall be allowed only for the following situations: a To protect existing primary structures, public facilities and utilities and the Spokane River Centennial Trail. Prior to approval, a geotechnical investigation shall: i. Demonstrate that that structure is in danger from shoreline erosion by currents, or waves; and, ii. Evaluate onsite drainage and address drainage problems away from the shoreline. b In support of new nonwater-dependent uses,when all of the following apply: i. The erosion is not being caused by upland conditions, ii. Nonstructural measures are not feasible or not sufficient; iii. An engineering or scientific analysis demonstrates that damage is caused by natural processes; and, iv. The stabilization structure will incorporate native vegetation and comply with the mitigation sequencing in SVMC Chapter 21.50.0120 No Net Loss and Mitigation Sequencing21.50.0120. c In support of water depended development when all of the following apply: i. The erosion is not being caused by upland conditions; ii. Nonstructural measures are not feasible or sufficient; and iii. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. d To protect restoration and remediation projects when all of the following apply: i. The project is conducted in accordance with RCW 70.105D; and, ii. Nonstructural measures are not feasible or sufficient. 6. 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 change by ten percent or less. However, a Shoreline Conditional Use Permit shall be required if existing shoreline stabilization measures are relocated or the outer dimensions change by more than ten percent. 7. 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, City Council and Planning Commission Study Session Draft—June 18, 2013 Page 33 Shoreline Master Program Draft Development Regulations b An engineered report that addresses the purpose of the repair, engineering assumption and engineering calculations to size the stabilization measure. S. A replacement structure shall not encroach waterward of the ordinary high water mark, unless all of the following apply: a For residences occupied prior to January 1, 1992; and, b There are overriding safety or environmental concerns; and, c The replacement structure shall abut the existing shoreline stabilization structure. 21.50.0320 PIERS AND DOCKS A Applicability. This section applies to piers and docks constructed waterward of the ordinary high water mark. B Regulations: 1. Piers and docks designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple-family residences, shall require a letter of exemption. Any other dock or pier permitted under this SMP requires a Shoreline Substantial Development Permit. 2. Piers and docks serving more than four residences and public or commercial piers and docks shall also be consistent with the regulations in SVMC Chapter 21.50.0210 Boating Facilities. Public or commercial piers and docks shall also be consistent with the regulations in SVMC Chapter 21.50.0260 Recreational Facilities 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 ordinary high water mark. Total deck area shall not exceed 320 square feet. 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 this Shoreline Master Program, provided the size of the existing structure is not increased. 21.50.0330 DREDGING AND FILL A Applicability: 1. This section applies to projects or uses proposing dredging, dredge material disposal, or fill waterward of the high ordinary high water mark. Dredging and fill are defined in the Definitions. B Regulations: City Council and Planning Commission Study Session Draft—June 18, 2013 Page 34 Shoreline Master Program Draft Development Regulations 1. Dredging and dredge material disposal is prohibited unless associated with a comprehensive flood management solution, an environmental cleanup plan, a habitat restoration, or fish enhancement project. These projects require a Conditional Use Permit. 2, Fill shall be allowed only when necessary to support the following uses (a Conditional Use Permit is required unless stated otherwise): a Water-dependent uses; b Public access; c Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan; d Disposal of dredged material considered suitable under, and conducted in accordance with,the Dredged Material Management Program of the Washington State Department of Natural Resources; e 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. f A mitigation action; and g An environmental restoration or enhancement project. 21.50.0340 SHORELINE HABITAT AND NATURAL SYSTEMS ENHANCEMENT PROJECTS A Applicability. This regulation applies to all shoreline habitat and natural system enhancement projects. B Regulations: 1. Shoreline habitat and natural systems enhancement projects are encouraged. These projects shall: a Obtain a Shoreline Substantial Development Permit or a Shoreline Exemption from the City; and, 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. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 35 HI .s,. arm-[-cam 5 C. if• y"111..LLLJJl111 —l1 T,1 r ar-aif-[{'6X-'1,.- �L T 5. i 3-d{µ,— City of Spokane Valley Shoreline Buffers Barker Road to Flora Road May 17,2013 • City of Spokane Valley Shoreline Buffers Flora Road to Sullivan Road May 17,2013 City of Spokane Valley Shoreline Buffers ,rz Sullivan Road to Mirabeau Point it '" Il May 17,2013 it .a:•' " I rs- Legend Shoreline Buffer Vegetation Conservation Area 75 Foot Offset HU 00 full jurisdiction r a City of Spokane Valley Shoreline Buffers Mirabeau Point to Trent Avenue May 17,2013 Legend Shoreline Buffer I I Vegetation Conservation Area 75 Foot Offset full jurisdiction City of Spokane Valley Shoreline Buffers Trent Avenue To Coyote Rocks May 17,2013 Legend Shoreline Buffer Vegetation Conservation Area 75 Foot Offset full jurisdiction 0 City of Spokane Valley Shoreline Buffers Shelly Lake May 17,2013 City of Spokane Valley Shoreline Buffers Orchard Avenue May 17,2013 SPOKANE VALLEY SMP Section 5 Shoreline Critical Areas Regulations City Council and Planning Commission Study Session Draft June 18, 2013 5.1Shoreline Critical Areas Regulations —General 5.1.1 Applicability A. These regulations apply to critical areas and their buffers that are completely within the Shoreline Jurisdiction as well as critical areas and buffers located within, but extending beyond the mapped Shoreline Jurisdiction boundary. Regulated critical areas include: wetlands, critical aquifer recharge areas,fish and wildlife habitat conservation areas,geologically hazardous areas, and frequently flooded areas, as specified in WAC 173-26-221(2) and (3) and WAC 365- 196-485. B. These regulations apply to all uses, activities and structures within the Shoreline Jurisdiction of the City of Spokane Valley, whether or not a permit or authorization is required. No person, company, agency, or other entity shall alter a critical area or buffer within the Shoreline Jurisdiction except as consistent with the purposes and requirements of this Shoreline Master Program. C. When the provisions of these regulations conflict with other provisions of this Shoreline Master Program or with federal or state regulations, the provision that is the most protective of shoreline resources shall apply. 5.1.2 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 City's Community Development Department. The 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. B. 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: 1. Natural Resources Conservation Service (NRCS)Soil Survey for Spokane County, Washington, 2012, as amended; 2. USGS 7.5 Minute Series Digital Elevation Model; 3. FEMA Flood Insurance Rate Maps (FIRM) for Spokane County, Washington and Incorporated Areas,July 6, 2010; 4. USFWS National Wetlands Inventory; 5. Aerial photos; 6. Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species and Wildlife Heritage Maps and Data; and 7. City critical area designation maps. City Council and Planning Commission Study Session Draft—June 18,2013 Page 1 Shoreline Master Program Draft Critical Areas Regulations 5.1.3 Exemptions from Critical Area Review and Reporting Requirements A. Activities exempt from critical area review and reporting requirements shall comply with the Program's requirement for no net loss of ecological functions. Exempt activities shall be conducted consistent with performance standards identified in these critical areas regulations, 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. Harvesting wild crops in a manner that is not injurious to the natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops or alteration of the resource by changing existing topography,vegetation, water conditions or water sources; 4. Education, scientific research, and surveying; 5. Normal and routine maintenance and repair of: a. Legally constructed irrigation and drainage ditches, utility lines 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; c. State or City Parks, including noxious weed control and removal of hazard trees where the potential for harm to humans exists. 6. Emergency construction necessary to protect property from damage by the elements; 7. 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; 8. Drilling for utilities/utility corridors under a wetland, with entrance/exit portals located completely outside of the wetland buffer, provided that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column; and, 9. 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. 5.1.4 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 these provisions unless specifically exempted under Section 5.1.3. B. The Applicant shall identify in the application materials the presence of any known or suspected critical areas on or within two hundred feet 200 feet of the property. 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 the critical area, the City shall: 1. Require and review a critical area report for each applicable critical area; 2. Determine if the proposed project adequately addresses and mitigates impacts to the critical area and is consistent with the requirements of this Shoreline Master Program. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 2 Shoreline Master Program Draft Critical Areas Regulations 3. The City may consult with agencies with expertise or jurisdiction over the resources during the review to assist with analysis and identification of appropriate performance measures that adequately safeguard critical areas. 4. The Director may consult with Qualified Professional the review of critical areas report, when City staff lack the resources or expertise to review these materials. The Applicant may be required to pay for or reimburse the City for the consultant fees. 5.1.5 Critical Area Report Requirements for All Critical Areas A. Unless otherwise provided in these Regulations,when a project is within or adjacent to a critical area, or is likely to create a net loss of shoreline ecological functions,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. B. Critical area reports for two or more types of critical areas shall meet the report requirements for each relevant type of critical area. C. All critical area assessments, investigations and reports shall be completed by a Qualified Professional. D. 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 ordinary 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 buffers; g. Topographic contours at two feet intervals; h. Fill and material storage locations; i. Proposed and existing drainage facilities and stormwater flow arrows; j. Title, date, scale, north arrow, and legend. 7. Identification and characterization of all critical areas,water bodies, and buffers located onsite, adjacent, 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 applies;. 8. A description of the application of mitigation sequencing and offsetting of impacts pursuant to SVMC Chapter 21.50.0120 No Net Loss and Mitigation Sequencing; 9. Erosion and sediment control plan and drainage plan, as applicable for conformance with SVMC Chapter 24.50. 10. Cost estimate for required mitigation when a financial surety is required pursuant to Section 5.1.6E; City Council and Planning Commission Study Session Draft—June 18, 2013 Page 3 Shoreline Master Program Draft Critical Areas Regulations 11. A discussion of the performance standards applicable to the critical area and proposed activity; 12. Monitoring plan pursuant to Section 5.1.6D when mitigation is required; and, 13. Any additional information required by the City to adequately evaluate the potential impacts and required mitigation.The Administrator may modify the required contents of the report where, in the judgment of a Qualified Professional, more or less information is required to adequately evaluate the potential impacts and required mitigation. E. The Director may limit the scope of the required critical area report to include only that part of a site affected by a development proposal. 5.1.6 Mitigation A. Applicants shall follow the mitigation sequencing put forth in SVMC 21.50.020 No Net Loss Mitigation and Sequencing. B. 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 as required in these regulations. C. Unless specifically addressed in specific critical area sections, compensatory mitigation may be provided by any of the following means, in order of preference: 1. 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 as authorized by these provisions; H. Private mitigation sites that are established in compliance with the requirements of these provisions and approved by the Director; iii. Public mitigation sites that have been ranked supported by ecological assessments, including wetland and aquatic areas established as priorities for mitigation in an approved sub-basin or watershed plan; or iv. Offsite mitigation consistent with "Selecting Wetland Mitigation Sites Using a Watershed Approach" (Eastern Washington) (Publication#10-06-07, Olympia, WA, November 2010). c. The Director shall maintain a list of known sites available for use for off-site mitigation projects. 3. Title notices shall be recorded against the affected parcels for onsite, and recorded easements 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 the required mitigation and submit performance monitoring reports, as specified in the permit conditions. 2. When required, the monitoring plan shall: a. Demonstrate compliance with the provisions of this Program and specific permits and approvals; b. Describe the objectives and methods for monitoring and quantifying; City Council and Planning Commission Study Session Draft—June 18, 2013 Page 4 Shoreline Master Program Draft Critical Areas Regulations c. Provide results with an estimate of statistical precision; d. Identify the length of monitoring and reporting requirements; and, e. Recommended management actions based upon the monitoring results. 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 five years for compensatory mitigation. 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. 3. If monitoring reveals a significant deviation from predicted impact or a failure of mitigation at the end of the mitigation (pursuant to Section5.1.6 (D).2f), the Applicant shall implement the approved contingency plan. The contingency plan constitutes new mitigation and is subject to monitoring and surety requirements. E. Sureties 1. Performance and maintenance sureties shall be required from all private entities required to provide mitigation or a maintenance plan. 2. When required, the applicant shall provide a surety sufficient to cover satisfactory workmanship, materials and performance of required mitigation and monitoring. A surety shall cover construction and planting cost estimates, the cost of annual maintenance for a 5- year period, and an additional 15%standard construction contingency fee to allow for unanticipated complications. 3. The performance surety shall be in accordance with Section 9.14.4 of the Spokane Valley Street Standards. F. The Director 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 these Regulations. The Director shall consider the following for approval of an alternative mitigation proposal: 1. The Applicant proposes creation or enhancement of a larger system of natural areas and open space in lieu of preserving many individual habitat areas. 2. On-site mitigation is not feasible due to site constraints such as parcel size, stream type, wetland category, or geologic hazards. 3. There is clear potential for success of the proposed mitigation at the proposed site. 4. The approved plan contains clear and measurable standards for achieving compliance with the specific provisions of the plan. 5.1.7 Enforcement A. Enforcement of these provisions, including site investigations, notices and orders, stop work orders, civil penalties and judicial enforcement shall be pursuant to SVMC chapter 17.100 as amended by Ordinance 12-027. In addition, the City shall order mitigation measures at the expense of the responsible party for the violation or the owner whenever a critical area or its buffer has been altered in violation of these Shoreline Master Program Regulations: B. For all critical areas, the responsible party for the violation or 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. Replication of the historical soil types and configuration; City Council and Planning Commission Study Session Draft—June 18, 2013 Page 5 Shoreline Master Program Draft Critical Areas Regulations 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. 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 2-year period; and, f. As-built drawings and other information demonstrating compliance with other applicable provisions of these Shoreline Critical Areas Regulations 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 or minimized; and c. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard. 3. Director shall, at the violator's expense, seek expert advice to determine if the plan meets requirements. Inadequate plans shall be returned to the violator for revision and resubmittal. 5.2 Shoreline Critical Area Regulations -- Wetlands 5.2.1 Applicability A. These regulations apply to all uses, activities and structures within or adjacent to wetlands, unless specifically exempted by Section 5.1.3. 5.2.2 Designation, Delineation and Classification A. Wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include, but are not limited to,swamps, marshes, bogs, ponds, and similar areas. 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, and landscape amenities, or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction or a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. B. Identification of wetlands and delineation of their boundaries shall be determined through a field investigation by a qualified professional in accordance with the approved federal wetland delineation manual and applicable regional supplement. Wetland delineations are valid for five years; after such date the City shall determine whether a revision or additional assessment is necessary. C. Classification. 1. Wetlands shall be rated by a qualified professional according to the Washington State Department of Ecology wetland rating system as set forth in the Washington State Wetland Rating System for Eastern Washington (Ecology Publication#04-06-015, or as revised), City Council and Planning Commission Study Session Draft—June 18, 2013 Page 6 Shoreline Master Program Draft Critical Areas Regulations which contains the definitions and methods for determining wetland ranking and scores based on functions and values. 2. The wetland categories are generally defined as follows, with scores based on the Washington State Department of Ecology wetland rating system as set forth in the Washington State Wetland Rating System for Eastern Washington: a. Category I (scores of 70 points or more): Wetlands that perform many functions very well. These wetlands are those that: i. Represent a unique or rare wetland type; or ii. Are more sensitive to disturbance than most wetlands; or iii. Are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or 4) provide a high level of function. b. Category II (scores between 51-69 points): Forested wetlands in the floodplains of rivers or wetlands that perform functions well. c. Category III (scores between 30-50 points): Wetlands that have a moderate level of functions. These wetlands have been disturbed in some way and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. d. Category IV(scores fewer than 30 points): These wetlands have the lowest level of functions and are often heavily disturbed but have important functions that need to be protected. 3. Wetland rating categories shall not change due to any illegal modifications. 5.2.3 Wetland Buffers A. Applicability. These buffer provisions apply to all wetlands except isolated Category III and IV wetlands less than 1,000 square feet that: 1, Are not associated with riparian areas or buffers; 2. Are not part of a wetland mosaic; 3. Do not contain habitat identified as essential for local populations or priority species identified by Washington Department of Fish and Wildlife or Natural Heritage plant species identified by the Washington Department of Natural Resources; 4. Are not a vernal pool; 5. Are not an alkali wetland; and 6. Do not contain aspen stands. B. Except as otherwise specified or allowed in these Regulations,wetland buffers shall be retained in an undisturbed or enhanced condition. C. Buffer Widths. 1. All buffers widths shall be measured perpendicular from the wetland boundary as surveyed in the field. 2. The total buffer width shall be calculated by adding the standard and the additional buffer widths together. 3. The standard buffer widths in Table 1 are based on the category of wetland. In order to qualify for the standard buffer widths in Table 1, the measures in Table 2 shall be implemented, where applicable, to minimize the impacts of the adjacent land uses on the wetland(s). City Council and Planning Commission Study Session Draft—June 18,2013 Page 7 Shoreline Master Program Draft Critical Areas Regulations Table 1: Wetland Buffer Requirements Additional Buffer Additional Buffer Additional Buffer Wetland Standard Buffer Width if Wetland Width if Wetland Width if Wetland Category Width Scores 21-25 Scores 26-29 Scores>30 Habitat Points Habitat Points Habitat Points Category I 100 ft Add 15 ft Add 45 ft Add 75 ft Category II 75 ft Add 15 ft Add 45 ft Add 75 ft Category III 60 ft Add 30 ft Add 60 ft N/A Category IV 40 ft N/A N/A N/A 1. Additional buffer widths listed in Table 1 shall be added to the standard buffer widths based on the habitat score for the wetland City Council and Planning Commission Study Session Draft--June 18, 2013 Page 8 Shoreline Master Program Draft Critical Areas Regulations Table 2: Required Measures to Minimize Impacts to Wetlands Disturbance Required Measures to Minimize Impacts Lights • Direct lights away from wetland Noise • Locate activity that generates noise away from wetland • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise,such as certain heavy industry or mining, establish an additional 10' heavily vegetated buffer strip immediately adjacent to the outer wetland buffer Chemical Use • Establish covenants limiting use of pesticides within 150 feet of wetland • Apply integrated pest management Stormwater runoff • Route all untreated runoff away from wetland while ensuring wetland is not dewatered • Retrofit stormwater facilities • Prevent channelized flow that directly enters the buffer • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance • Use privacy fencing or plant dense, thorny vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the City of Spokane Valley Dust • Use best management practices to control dust Disruption of corridors or • Maintain connections to off-site areas that are connections undisturbed Vegetation alteration • Protect and maintain native plant communities in buffers. 2. Increased Buffer Widths. a. If measures listed in Table 2 are not implemented,then the standard buffer widths in Table 1 shall be increased by 33 percent. b. Buffer widths may be increased on a case-by-case basis when the wetland is used by a plant or animal species listed by the federal government or the state as endangered, threatened, candidate, sensitive, monitored or documented priority species or habitats, or essential or outstanding habitat for those species or has unusual nesting or resting sites. The buffer increase should be determined by the Qualified Professional in the critical areas report. City Council and Planning Commission Study Session Draft--June 18, 2013 Page 9 Shoreline Master Program Draft Critical Areas Regulations 3. Buffer Averaging. a. Buffer averaging to improve wetland protection may be allowed when all of the following conditions are met: i. The wetland has significant differences in characteristics that affect its habitat functions and the buffer is increased adjacent to the higher-functioning area of habitat or more-sensitive portion of the wetland and decreased adjacent to the lower-functioning or less-sensitive portion; ii. The total area of the buffer after averaging is equal to the area required without averaging;and iii. The buffer at its narrowest point is not less than either three-quarters (%)of the required width or 75 feet for Category I and II, 50 feet for Category III and 25 feet for Category IV, whichever is greater. b. Buffer averaging to allow reasonable use of a parcel may be allowed when all of the following are met iv. There are no feasible alternatives to the site design that could be accomplished without buffer averaging; v. The averaged buffer will not result in degradation of the wetland's functions and values as demonstrated by a critical areas report; vi. The total buffer area after averaging is equal or greater to the area required without averaging;and, vii. The buffer at its narrowest point is not less than either three-quarters(%) of the required width or 75 feet for Category I and II, 50 feet for Category III and 25 feet for Category IV,whichever is greater. 5.2.4 Signs and Fencing A. Temporary. 1. The outer perimeter of wetland buffers and the clearing limits shall be signed and fenced to ensure that no unauthorized intrusion will occur during construction. 2. Temporary signs and fencing shall be placed prior to beginning permitted activities and maintained throughout construction. B. Permanent. 1. The Director may require installation of permanent signs and/or fencing along the boundary of a wetland or buffer. 2. Permanent signs shall be made of an enamel-coated metal face and attached to a metal post or another non-treated material of equal durability. Signs shall be posted at an interval of one per lot or every 50 feet,whichever is less, and must be maintained in perpetuity. The obligation to maintain permanent signs shall be recorded against the property in a form acceptable to the City. 3. The signs shall be worded as follows or with alternative language approved by the Director: Protected Wetland Area Do Not Disturb Contact the City of Spokane Valley Planning&Zoning Department Regarding Uses, Restrictions, and Opportunities for Stewardship 4. Permanent fence shall be installed around the wetland buffer when domestic grazing animals are present or may be introduced on site. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 10 Shoreline Master Program Draft Critical Areas Regulations 5. Fencing shall be constructed in a manner that minimizes impacts to the wetland and associated habitat and designed so as to not interfere with species migration, including fish runs. 5.2.5 Mitigation A. Mitigation Ratios. 1. Impacts resulting from alteration to wetlands shall be mitigated using the ratios specified in Table 3 below: Table 3: Wetland Mitigation Ratios' Creation or Wetland Category Re-establishment Rehabilitation Enhancement Category I 4:1 8:1 16:1 Category II 3:1 6:1 12:1 Category III 2:1 4:1 8:1 Category IV 1.5:1 3:1 6:1 1. Refer to Ecology Publication#06-06-011a, Wetland Mitigation in Washington State, Part 1:Agency Policies and Guidance, for further information on wetland creation, re-establishment, rehabilitation,and enhancement. 2. Impacts to buffers shall be mitigated at a 1:1 ratio. Only fully vegetated buffer areas will be included in mitigation calculations. Lawns, walkways, driveways, and other mowed or paved areas shall be excluded from buffer area calculations. 3. Credit/Debit Method. As an alternative to the mitigation ratios provided in Sections 5.2.5.1 and 2 above,the Director may allow mitigation based on the "credit/debit" method developed by the Department of Ecology in "Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington: Final Report" (Ecology Publication#11-06-015,August 2012, or as revised). B. Wetland Mitigation Banks 1. Credits from a wetland mitigation bank may be approved as off-site mitigation for unavoidable impacts to wetlands when: a. The bank program is certified under state rules; b. The Director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and c. The proposed use of credits is consistent with the terms and conditions of the certified bank instrument. 2. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the certified bank instrument. 3. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the certified bank instrument. In some cases, the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions. 4. When applying for a wetland mitigation bank,the Applicant shall prepare a Wetland Mitigation Credit Use Plan that documents consistency with these criteria and shows how the identified wetland type and associated functions will be compensated for by purchase of the credits City Council and Planning Commission Study Session Draft—June 18, 2013 Page 11 Shoreline Master Program Draft Critical Areas Regulations C. Design. 1. Design of wetland mitigation projects shall be appropriate for its landscape position. Compensatory mitigation shall result in the creation, restoration, or enhancement of a wetland that matches the geomorphic setting of the site. 2. The design of a wetland that has a different Cowardin or hydrogeomorphic classification than the impacted wetland may be justified if supported by a demonstrated need for, or scarcity of, the wetland type being designed. D. Timing. 1. Compensatory mitigation should be completed prior to activities that will disturb wetlands. 2. Compensatory mitigation shall be completed immediately following disturbance and prior to use or occupancy of the action or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries,wildlife, and flora. 3. The Director may authorize a one-time delay of mitigation when the Applicant provides a compelling written rationale for the delay with recommendations from a qualified wetland professional if the delay shall not: a. Create or perpetuate hazardous conditions; or, b. Create environmental damage or degradation; or c. Be injurious to the health,safety, or general welfare of the public. 5.2.6 Additional Critical Area Report Requirements for Wetlands A. In addition to the critical area report requirements in Section 5.1.5, wetland reports shall include: 1. Documentation of any fieldwork performed on the site, including field data sheets for delineations,function assessments, ratings, baseline hydrologic data, etc.; 2. A description of the methodologies used to conduct the wetland delineations, function assessments,or impact analyses including references; 3. For each wetland identified on-site, adjacent to and within 200 feet of the project site provide: a. Required buffers; b. Wetland rating; hydrogeomorphic classification; Cowardin classification of vegetation communities; onsite wetland acreage, and ecological function of the wetland and buffer based on a professional survey from the field delineation. They shall be based on entire wetland complexes, not only the portion present on the proposed project site; c. Estimates of acreage and boundary for the entire wetland area where portions of the wetland extend off-site; d. Description of habitat elements; e. Soil conditions based on site assessment and/or soil survey information; and, f. To the extent possible, hydrologic information such as location and condition of inlet/outlets (if they can be legally accessed), estimated water depths within the wetland, and estimated hydroperiod patterns based on visual cues(e.g., algal mats, drift lines, flood debris, etc.). 4. A description of the proposed actions and survey and an analysis of site development alternatives including a no-development alternative; 5. An assessment of the probable impacts to the wetlands and buffers resulting from the proposed development, including: a. An estimation of acreages of impacts to wetlands and buffers based on the field delineation; b. Impacts associated with anticipated hydroperiod alterations from the project City Council and Planning Commission Study Session Draft—June 18, 2013 Page 12 Shoreline Master Program Draft Critical Areas Regulations c. Impacted wetland functions 6. A description of how mitigation sequencing was applied per SVMC 21.50.0120 No Net Loss and Mitigation Sequencing; 7. A discussion of mitigation measures, proposed to preserve existing wetlands and restore any wetlands that were degraded by the current proposed land-use activity; 8. Methods to protect and enhance on-site habitat and wetland functions; and, 9. A site plan, drawn to scale,with the following information: a. Delineated wetland(s) and required buffer(s)for on-site wetlands as well as off-site critical areas that extend onto the project site; b. Areas of proposed impacts to wetlands and/or buffers(include square footage estimates); and c. Proposed stormwater management facilities and outlets for the development, including estimated areas of intrusion into the buffers of any critical areas. 10. A mitigation plan, if required. 5.3 Shoreline Critical Area Regulations — Critical Aquifer Recharge Areas 5.3.1 Applicability. These regulations apply to the following developments and uses when proposed within designated CARAs: A. Underground and aboveground storage tanks; B. Vehicle repair and service uses, including automobile washers; C. Chemical treatment,storage and disposal facilities; D. Hazardous waste generating uses; E. Injection wells, not including Class V or injection wells for stormwater management; F. Junk and salvage yards; G. On-site sewage systems; H. Solid waste handling and recycling facilities; i. Surface mines; J. Uses of hazardous substances, other than household chemicals for domestic applications; and, K. Projects having the potential to adversely impact groundwater L. Work within a wellhead protection area 5.3.2 Designation and Classification A. Critical Aquifer Recharge Areas (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. B. Aquifer recharge areas are rated as having a high, moderate, or low susceptibility based on a scientific analysis of soils, hydraulic conductivity(the ease with which water moves between the surface and aquifers),annual rainfall,the depth to aquifers, the importance of the material between soils and aquifers(vadose zone), and wellhead protection information. The entire Shoreline Jurisdiction, as well as the greater City of Spokane Valley, is identified as a high susceptibility CARA area. 5.3.3 Performance Standards A. The uses listed in Table 4 below shall be conditioned as necessary to protect CARAs in accordance with the applicable state and federal regulations. City Council and Planning Commission Study Session Draft--June 18,2013 Page 13 Shoreline Master Program Draft Critical Areas Regulations Table 4: Statutes, Regulations,and Guidance Pertaining to Ground Water Impacting 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 Discharges(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 General Junk Yards and Salvage Yards 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 B. Additional Performance Standards for Storage Tanks that Store Hazardous Substances or Waste. 1. All storage tanks shall: a. Comply with local building code and Fire Department requirements; b. Use material in the construction or lining of the tank that is compatible with the substance to be stored; c. Not allow the release of a hazardous substance to the ground,groundwater, or surface water; d. Prevent releases due to corrosion or structural failure for the operational life of the tank; e. Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material. 2. All new underground storage tanks shall include a built in secondary containment system that prevents the release or threatened release of any stored substances 3. All new aboveground storage tanks shall include a secondary containment structure and meet either of the criteria below: a. 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, b. 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. City Council and Planning Commission Study Session Draft—June 18, 2013 Page 14 Shoreline Master Program Draft Critical Areas Regulations C. Additional Performance Standards for Vehicle Repair and Servicing. 1. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. D. 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. 2. Onsite disposal of any critical material or hazardous waste shall be prohibited. 5.3.4 Hydrogeological Assessment Requirements for CARAs A. Applicability. 1. All developments and uses shall provide a narrative and plan to show how development complies with the regulations and performance standards in Section 5.3.4 or prepare a hydrogeological assessment in accordance with subsection 2 below. 2. Proposed developments and uses that are unable to satisfy the performance standards in Section 5.3.4, or that are located in a wellhead protection area and will result in untreated runoff, shall submit a hydrogeological assessment report. B. In addition to the critical area report requirements in Section 5.1.6, hydrogeological assessments shall include: 1. Available geologic and hydrogeological characteristics of the site, including ground water depth,flow direction,gradient, and permeability of the unsaturated zone; 2. Discussion of the effects of the proposed project on ground water 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, mitigation and cleanup in the event of a spill; and, 4. Best management practices proposed to be utilized. 5.4 Shoreline Critical Area Regulations — Fish and Wildlife Habitat Conservation Areas 5.4.1 Applicability These regulations apply to all uses,activities and structures within designated fish and wildlife habitat conservation areas (FWHCAs). 5.4.2 Designation All areas meeting one or more of the following criteria, regardless of any formal identification, are hereby designated FWHCAs: A. The shoreline buffer as mapped by the City of Spokane Valley, which protects riparian habitat; B. The waters and land underneath the Spokane River designated Aquatic; C. Areas where state or federal designated Endangered,Threatened, or sensitive species have a primary association; D. State priority habitats and areas associated with state priority species, as identified by the Washington State Department of Fish and Wildlife and are updated periodically; and/or, E. State natural area preserves and natural resource conservation areas. Natural area preserves and natural resource conservation areas are defined, established, and managed by the state Department of Natural Resources City Council and Planning Commission Study Session Draft—June 18,2013 Page 15 Shoreline Master Program Draft Critical Areas Regulations 5.4.3 Performance Standards A. All development and uses shall be prohibited from FWHCAs, except in accordance with these Regulations. B. Buffers shall be required only for FWHCAs described above under 5.4.2(C-E), excluding Priority Habitats. Buffer requirements shall be based on the recommendations of the FWHCA critical area report. Buffers shall not exceed 100 horizontal feet from the edge of the FWHCA. C. General 1. A habitat conservation area may be altered only if the proposed alteration of the habitat or the mitigation proposed does not create a net loss of the quantitative and qualitative shoreline ecological functions necessary to sustain the FWHCA. 2. No plant,wildlife,or fish species not indigenous to the region shall be introduced into a FWHCA unless authorized by a state or federal permit or approval. 3. Contiguous functioning habitat corridors are preferred to minimize the isolating effects of development on habitat areas. 4. Vegetation. a. Vegetation shall be maintained in its natural state and shall be disturbed only as minimally necessary for the development. b. Riparian vegetation shall not be removed unless there are no other alternatives available. When it is necessary, only those areas of vegetation that are absolutely unavoidable may be cleared, and shall be re-vegetated with natural riparian vegetation as soon as possible. 5. The subdivision and short subdivision of land shall comply with the following provisions: a. Land that is located wholly within a FWHCA or its buffer may not be subdivided; b. Land that is located partially within a FWHCA or its buffer may be divided provided that an accessible and contiguous portion of each new lot is located outside of the habitat conservation area or its buffer; and c. Access roads and utilities serving the proposal may be permitted within the habitat conservation area and associated buffers only if the City determines that no other feasible alternative exists and when consistent with these Shoreline Critical Areas Regulations. 6. The project may be conditioned to minimize or mitigate any potential adverse impacts. Conditions may include, but are not limited to,the following: a. Establishment of buffer zones; b. Preservation of critically important vegetation and requirements for re-vegetation of disturbed areas with native plants; c. Vegetation screenings to reduce the potential for harassment from people and/or domesticated animals; d. Limitation of access to the habitat area during critical times of the year; e. Fencing to protect wildlife and deter unauthorized access; f. Dedication of all or part of the required open space to fish and wildlife habitat conservation; and, g. Seasonal restriction of construction activities. D. FWHCAs With Endangered,Threatened, or Sensitive Species 1. No development shall be allowed within a FWHCAs or buffer where state or federal endangered, threatened, or sensitive species have a primary association without state and federal consultation and approval from WDFW and US Fish and Wildlife Service (USFWS), respectively. City Council and Planning Commission Study Session Draft—June 18,2013 Page 16 Shoreline Master Program Draft Critical Areas Regulations a. Approval for alteration of land or activities adjacent to a FWHCA having a primary association with state or federally endangered, threatened,or sensitive species shall not occur prior to consultation with the WDFW 2. Bald eagle habitat shall be protected consistent with: a. The Washington State Bald Eagle Protection Rules (WAC 232-12-292),which are only applicable and enforceable when the Bald Eagle is listed under State law as threatened or endangered; and, b. The Bald and Golden Eagle Protection Act, which may require a permit obtained from the USFWS. 5.4.4 Mitigation A. Mitigation sites shall be located: 1. Preferably to achieve contiguous functioning habitat corridors that minimize the isolating effects of development on habitat areas; and, 2. Within the same aquatic ecosystem as the area disturbed. B. Where necessary, a permanent means of irrigation shall be installed for the mitigation plantings. The design shall meet the specific needs of riparian and shrub steppe vegetation and be prepared by a qualified professional and/or landscape architect. C. Mitigation shall be installed no later than the next growing season after completion of site improvements, unless otherwise approved by the Director. D. Mitigation sites shall be maintained to ensure that the mitigation and management plan objectives are successful. 1. Maintenance shall include corrective actions to rectify problems, include rigorous, as- needed elimination of undesirable plants; protection of shrubs and small trees from competition by grasses and herbaceous plants, and repair and replacement of any dead plants. 2. Planting areas shall be maintained so they have less than 20 percent total non- native/invasive plant cover consisting of exotic and/or invasive species. Exotic and invasive species include any species on the state noxious weed list, or considered a noxious or problem weed by the Natural Conservation Services Department or local conservation districts. E. The Applicant shall monitor the performance of any required mitigation and submit performance monitoring reports to the City. 1. Mitigation sites shall be monitored for five years. 2. Monitoring reports shall be submitted by a qualified professional biologist: a. One year after mitigation installation; b. Three years after mitigation installation; and, c. Five years after mitigation installation. 3. The biologist must verify that the conditions of approval and provisions in the fish and wildlife management and mitigation plan have been satisfied. 4. Mitigation planting survival shall be 100 percent for the first year, and 80 percent for each of the four years following. 5.4.5 Additional Critical Area Report Requirements for Fish and Wildlife Habitat Conservation Areas A. Report Contents. In addition to the critical area report requirements in Section 5.1.6, fish and wildlife habitat conservation area reports shall include: 1. Habitat assessment, including: a. Detailed description of vegetation on and adjacent to the project area; City Council and Planning Commission Study Session Draft—June 18, 2013 Page 17 Shoreline Master Program Draft Critical Areas Regulations b. Identification of any species of local importance, priority species and habitats (PHS), or endangered, threatened,sensitive or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species; c. A discussion of any federal,state,or local special management recommendations, including Washington Statement Department of Fish and Wildlife habitat management recommendations,that have been developed for species or habitats located on or adjacent to the project area; d. A discussion of measures, including mitigation sequencing, proposed to preserve existing habitats or restore any habitat that was degraded prior to the current proposed land use activity; and, e. A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs. 2. Any proposal in a FWHCAs or within 1/4 mile of priority species den or nest site that the Director(in consultation with the Washington State Department of Fish and Wildlife) determines is likely to have an adverse impact on a FWHCA or associated species shall provide a Habitat Management Plan, including: A plan, drawn to scale,that identifies: i. The location of the proposed site; ii. The relationship of the site to surrounding topographic and built elementsThe nature and intensity of the proposed use or activity; iii. Proposed improvement(s) locations and arrangements; iv. The location of the ordinary high water mark,Shoreline Master Program, and RHA boundary lines; v. The legal description and the total acreage of the parcel; vi. Existing structures and landscape features including the name and location of all vii. The location of priority habitat types or priority species point locations within one- quarter(%) mile of proposal. a. An analysis of the impact of the proposed use or activity upon fish and wildlife habitat conservation areas or associated species and riparian habitat area; b. A mitigation plan that may include, but is not limited to: i. Establishment of perpetual buffer areas; ii. Preservation and/or restoration of native flora; iii. Limitation of access to habitat area; iv. Seasonal restriction of construction activities; v. Clustering of development and preservation of open space; vi. Signs marking habitats or habitat buffer areas; vii. Use of low impact development techniques; viii. Recorded deed, plat, binding site plan or Planned Unit Development covenant, condition or restriction legally establishing RHA for subject property; ix. Conservation or preservation easements; and x. Dedication or conveyance of title of a RHA to a public entity for the purpose of conservation. c. A summary of consultation with a habitat biologist with the Washington State Department of Fish and Wildlife. If the habitat management plan recommends mitigation involving federally listed threatened or endangered species, migratory waterfowl, or wetlands, the U.S. Fish and Wildlife Service shall receive a copy of the draft habitat management plan and their review comments shall be included in the final City Council and Planning Commission Study Session Draft—June 18, 2013 Page 18 Shoreline Master Program Draft Critical Areas Regulations report. The Director shall have the authority to approve habitat management plans or require additional information. 5.5 Shoreline Critical Area Regulations — Geologically Hazardous Areas 5.5.1 Applicability These regulations apply to all uses, activities and structures within designated geologically hazardous areas. 5.5.2 Designation and Classification A. Areas susceptible to erosion, sliding earthquake or other geological events are designated geologically hazardous areas in accordance with.WAC 365-190-120. B. Categories. 1, Erosion hazard areas are identified by the U.S. Department of Agriculture, Natural Resources Conservation Service 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 fifteen percent. 2. 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 (gradient),slope aspect, structure, hydrology, or other factors and include the following: a. Areas of historic failures, including: Areas delineated by the United States Department of Agriculture Natural Resources Conservation Service as having a significant limitation for building site development; and ii. Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the United States Geological Survey or Washington Department of Natural Resources. b. Areas with all of the following characteristics: c. Slopes steeper than fifteen percent; d. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock;and e. Springs or groundwater seepage. f. 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; g. Slopes that are parallel or subparallel to planes of weakness(such as bedding planes, joint systems, and fault planes) in subsurface materials; h. Slopes having gradients steeper than eighty percent subject to rockfall during seismic shaking; i. Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action, including stream channel migration zones; j. Areas that show evidence of, or are at risk from snow avalanches; k. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and, I. Any area with a slope of forty percent or steeper and with a vertical relief of ten 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 ten feet of vertical relief. City Council and Planning Commission Study Session Draft—June 18,2013 Page 19 Shoreline Master Program Draft Critical Areas Regulations 2. 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 earthquake damage in the past 5.5.3 Performance Standards A. Standards Applicable to All Geologic Hazard Areas 1. Any development or uses proposed with 50 feet of a geologic hazard area shall prepare a critical areas report satisfying the general critical area report requirements in Section 5.1.6 and the additional standards for Geologic Hazard Areas in Section 5.5.4. 2. Development or uses within geologically hazardous areas or associated buffers shall only be allowed when the proposed development or use: a. Will not increase the threat of the geological hazard to adjacent properties beyond pre- development conditions; b. Will 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. The following development is prohibited: a. Critical facilities, including hospitals, fire stations, police stations, storage of critical records,and similar facilities, shall not be sited within geologically hazardous areas. b. New development that requires structural shoreline stabilization over the life of the development, except in instances where: I. Stabilization is necessary to protect allowed uses; ii. No alternative locations are available; iii. No net loss of ecological functions will result; and iv. Stabilization measures conform to WAC 173-26-231. B. Standards Applicable to Erosion and Landslide Hazard Areas: 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 this Shoreline Master Program. 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 current version of the Uniform Building Code; 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; City Council and Planning Commission Study Session Draft--June 18,2013 Page 20 Shoreline Master Program Draft Critical Areas Regulations 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/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 ten 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 Director 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. 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. Conveyed via continuous storm pipe downslope to a point where there are no erosion hazards areas downstream from the discharge; b. 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 c. Dispersed discharge 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. 7. 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. 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. 8. On-site sewage disposal systems, including drain fields, shall be prohibited within Erosion or Landslide Hazard Areas and associated buffers. 5.5.4 Additional Critical Areas Report Requirements for Geologically Hazardous Areas A. Report Requirements. In addition to the critical area report requirements in Section 5.1.5, geologically hazardous area reports shall include: City Council and Planning Commission Study Session Draft--June 18,2013 Page 21 Shoreline Master Program Draft Critical Areas Regulations 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; and, ii. Stormwater runoff disposal location and flow patterns?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; and d. A description of the vulnerability of the site to seismic and other geologic events. e. Proposals impacting an erosion hazard or landslide hazard area shall include the following additional information: i. A description of the extent and type of vegetative cover; ii. An estimate of load capacity including surface and ground water 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 one hundred 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; and 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 hazard or landslide hazard area shall include the following additional information: City Council and Planning Commission Study Session Draft—June 18,2013 Page 22 Shoreline Master Program Draft Critical Areas Regulations i. An erosion and sediment control plan prepared in compliance with requirements set forth in Spokane Valley Municipal Code Chapter 22.150 Stormwater Management Regulations; ii. Drainage plan for the collection,transport, treatment, discharge and/or recycle of water j. Location and methods of drainage, surface water management, locations and methods of erosion control, a vegetation management and/or replanting plan and/or other means for maintaining long-term soil stability. 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. B. 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. 5.6 Shoreline Critical Area Regulations Frequently Flooded Areas 5,6.1 Incorporation and Applicability A. Spokane Valley Municipal Code Chapter 21.30 Floodplain Regulations, as adopted by Ordinance No. INSERT, are incorporated by reference herein and apply to all uses, activities and structures within frequently flooded areas. 5.6.2 Additional Critical Areas Report Requirements for Frequently Flooded Areas. A. In addition to the critical area report requirements in Section 5.1.5, 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; c. Elevation of the lowest floor(including basement) of all structures, and the level to which any nonresidential structure has been flood-proofed. B. Alteration of natural watercourses shall be avoided, if feasible. If unavoidable, the critical area report shall include: a. A description of and plan showing the extent to which a watercourse will be altered or relocated; b. 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 c. A description of how the proposed watercourse alteration complies with the requirements of Fish and Wildlife Habitat Conservation Areas, this Shoreline Master Program, and other applicable state or federal permit requirements. City Council and Planning Commission Study Session Draft--June 18, 2013 Page 23 • Shoreline Master Program Development Regulations and Critic ri-',l -as Overview Joint City Council and Planning Commission Study Session June 18, 2013 �r Shoreline Jurisdiction CIL'11. 31,` .0,■ . A CS, I i I Spokane River - Y/ - `i _ E°iK.Ye rrs =1 i i1-i" i RN e 1 t l I r"' .n + ll�Sy£rY >~ �1` a--.R71'31 1} l r. L 1 . .ry wo- liar- , � ,,i':",,-.\\ i S: r r1 7 0,1•."4. x =- " aYg 1113 1 " I .,a ls•,S•• s,.i•1 ,._ i* y ``�..4 1 ill-1.®11 t l G . tip . ; R +•' _4►'?lj a:; -/..J"I,i I x611' ._ -I a'.i 1 3. . Public and Private Land' Ownership within the Spokane River Shoreline Jurisdiction Private Lao a Public 3 :;/ Land 62% Number of Parcels Acres Public Land 36 198 Private Land 221 123 Total 257 321 Land within Shoreline Jurisdiction by Land Use Category Industrial 2% 1f ?iQ li#i: Residentia 15% Railroad ((totoutobcLiill 2% x�}'? mercial vie ..,,. 2% Vacant Residential Public/Open 20% Space 35% Mining 1% 2 Vacant Commercial and Industrial Land by Property Owner and Acres 1% •INLAND EMPIRE LAND COMPANY(7) 33% 25% ■ACME MATERIALS AND CONSTRUCTION (4.45) •CENTENNIAL PROPERTI. 16% INC (3.88) 11% •LLC PINECROFT(3.04) 14% •R A HANSON CO (9.38) Total Vacant Acres ■other(.37) in Shoreline Jurisdiction: 28.12 6 i Vacant Residential Land by Property Owner and Acres `;% =Inland Empire 17%o Paper(1.53) 1 Fill - me E Neighborhood ii-% : Inc(15.45) III Other(3.55) Total Vacant Acres in Shoreline Jurisdiction: 20.53 3 Vacant Residential Property Ownerships :. v .. •III!•.■ ,a r. ti ~ y+"" 1 ,'a'a• -itx 11,. y t .E'•` !+illl ... -_,;:4...,,,.____.i 9• 1 - 1 tjj , t �"' I,, ,: 1[1 �1 geo;, Illr`,- .il' , PI!= a•:r.. 1, 4-!'i} M a Fr it i to. r�i i sA f .2'..-.\\ v; 1 t,, i o,,c r 7 1,:[+1 ■tY rl . krrkt a , 4} vr4 r -s% ,�A!...,,-,,,_ � T'i: w a rlt -_.tii 11 u#I:-$7 1 \ !s'' x J �� yal"+ !xw /:P1 b'a14 'JIfly,.. 1. f re t11II(I ��J 1 .i a � � T.1 , - rTl<+±s- � r �;����� � 11Ei1`� �.�- i. '37411,::17 41° -: \4 T9 5 [I i`i 1 r . a �[ � .1 RN[4�,`1�p ,. .Ct r -`- 4.- ° li -[F]r[ . • Individually Owned Residential Lots • All or mostly within Shoreline Jurisdiction • Single family homes and normal appurtenant uses permitted w/out Shoreline Permitting 8 East City Limits ,,. sik'7- S-qtr ♦ (6,-1.‘i-..);..i.-4';t3 1.1 to Millwood f d � j ra • Individually Owiied I 'e y!'t: f r$ ,1,'t � Residential Lots ! it �. `?1,; `r tI f>Ri-7..1i• • All within Shoreline • '.,11'�q1,. li 11 - #*+*. , '.-.1.1,J1,-..'Y�ai. i Jurisdiction 2• ,i/11/AA ii.]rwili,,:' 4.*,,..r`+,. , rT-' • Backwater°area of Upriver i21, i i _ ., N„• ;}1 r-' i N ilillr.Urniri iii " Darn ram flan a' . I1.1 „1 t er • Docks common in ea `ea I I ' re1� '73 f+ ilk. i`49 i ; ') �� Iti. 1 :...� .} w iMai w.r w. pm lit ",. u•rfi`„ 4j� asa vtl i i .. •� •� e 119 ° BIB 1 "' yl 63111r.r s • I t 9_I A r !j i{I1 r t a F a ..L".. `� llfi"i a x NT-`rte G"-- ° • \ ,' I 19 r i 1 .1+ 1 '� � Q4,` 4z y +1, S}.4 uTTil i1 a l t ran -..i...,-, i f iv:� 1 + . �71 •$ �ih�Rf irYiT'S9ISy�� �`r xf r1l'---��IiJ,V,-;),�� Ge;: -, . ?.k i''': ..?-=:'-' I i.° . -_C Il.is:4s_ - _ ;.,. ?:` /f ills ft 041 r+ ti' C7 i 4 Coyote Rock ., , 1- .. .. . 1, , ..• . . vi, —` Y ,;* Development . . •• • , ii • 30 Existing ,�`,' .+r. �- f ./.` 0. `S. platted , .. ' ++,.•' residential �, �, ‘< fib'` '. `- s,J y, - +0,M•+ ` " � {'' 1 / lots , r • t . . * r§�`,�C \ 5,' r;I • 7� Buffer k ,.. �`�� t� r,' 1. f►i '+f+, .5 .+ �%� F.�6 i t{ i7�"" { established `" •.,.... 110. , i Vie: �tiI, .�tt‘,,c;Ii..'&7sAi'.‘,',i1LIA On platted ss.ss+�•• '�r� it . y % ---• e lla''1' f ,, \.lots *�S ' F •' '�v � y �����v .,1 `'�l ql #.• Trailside at Coyote Rock Subdivision • Proposed subdivision currently pending due to shoreline issues Mission Road to Eden (South Side of River) - ,'" K /j`x • Individually '?r ;'' ` ,01 pp� •, Residential ! .r I r�.` i .rF.:‘\c Lots ti.. �° ' • Varying%of ,' , , ,of tit, t lot within - Shoreline 1 ,-r ; -„ s L,,,,,,, i km # r Jurisdiction : T R .. ,„ ' F,• Separated R/ '— f ,` { i1 f F r r i 4'. i from River o•,r,:, _. , ;It+ ,� illy i Centennial ' lasra-� _ �' 1114 J1�y} Trail And , J. F _''CA.' l li.'1-1 i rl ' — '” • '-`-' State Park i 4r ,ifr land .•. 1"z:.: i,f r °, _ a,�3 t,i� kiL fi J`i r 140;i4f f ,.v.t,! ,ii i,i',cti , . ,,,-i. ▪ Waterfront ' L. R J l - r f a.Property i Sak =-- l` _ 5 Eden Road to East City Limits (North and South of Riaver) _ • Individually . �"• � "� ' ' �" ja 1 Owned V. ,.'-'•,; f� r1 Residential . ,-• .' w� li�ra- a Lots \ ,x.rf_' '° irk tq • Varying%of t �, .\�itIfs.f 64 1, ,_ r, :s lot within y ,r i .�r.#�• .- �, •.:: •Shoreline ■� •rrk r` 'A.•I rtuCr, ".t Jurisdiction \` i, , :2,,'{i .,4:;;7.,At ArriV+" tr i s • Separated A} r "r•ri'F A , ^g '',, /1;I ' IT y � ,44 •',X 14/ 1 1 from River by �. Al ;'¢31► ►t i1 '\jF j ° j State Park land -71"_.,41 [ 4, 11':ter, � G~''if-4,,.. .41t Y' ' ' . •f fl- • Centennial , . , rr ;,..t, Trail located 1` .ri�rx � `° = t' �' it: +'.'. on South Side � , i f 1 - .,t v di, �yy�k,�-�•t _ fit`. ,r " Of River I'4•f'�_'7Si + i 'i IVgil,Y T�'f 4Q ;ii i • No Waterfront - ,144-"If f 9 40" eaYa ° r IYar!r f_/ pj�� d1 Pi 4.Y... -01,-,,Sys-,T% • I,.. ' 11+Property p•� G!�I ll1�L4 4L'.4 �` isY'r_ �'-.kw-.,•aa.. •rAl-.._ ;t. Vacant Commercial/ Industrial Property Ownerships RI.ES £ r�Y `I �,'Y{ s• Pik: i41 i' F Y 711 I� a �Y _ 'ez,-mow..-. r d v�f "� I. e. F 'E'F i4 �r . € a + r ,•:.4t.: -I. i ,a�.tf '-N x ;�pDzi,'J i , `"� k`s a„1.4 a�� a -44: rR :"-- 'lg. t� I weal,'IA S+T1 ... 'S Fr_.`..II.;ilk r C Nom i._L''d. g4 At er a Jul ...0.4..v: r .tee J � ., s }� 4 � � i �I .I 1 �_c _ Y)nj !' l IyJ� Lr� 6 r,• Ai `1, il1I 14 fi• 1.. -7--_—__---. ;;":.. .._..1,: y r•a. \\4 ICIII I i h •; -kit,.' • Predominantly owned by 6 property owners • 3o total vacant parcels • Privately owned parcels vary from 1%- 62%of lot area located in shoreline jurisdiction 6 East of Coyote ,_ ,.'';'� - `'••.,, s' 1.. `,' Rock to Trent y • _, , • Zoned MUC i? tom.r ,+ ' ' • 1%of total area of ' , *,,• '. ',..."\‘-, each property is located .•l •i -. `•', ,* m shoreline jurisdiction _, , rti `• �� ` rr.,,`�c'e\:.z61_ k' AC-'A - �`. .-is ;If 1 A.i. 4kil 'WA i 1 ' ti c�=---n"'yie�i 4-iV 9 rr ire©k1 1 g `` .Y ,A.,,,- s.�J ,L �r ∎Lr stPf'Ua.+.f14F ra� ib,'' {r#'� ;5,-�`, ,s-''''' r rillI A�` ..t.1�1_ # '�[r• r;lj - �11� ' t,f lardy, 1` __ �1 v": 1--,.4A rlr r_1 ril n 1 T f 'ir r. ,.i �g r i ' i v Imlrv:� - y 8� i I g i I4 ki u I s s + i.� rr ri3r.t C '1,-;ril'r l,! Ir{ ,,,o �jrl V tCN�re. -1!kr•- Ai e .ia..-.a. . r' ili [[1l€- f+ k.Or b -- ,N' ;'--• a MiLri•-'411���4 ... _.°.LiJi'4-X11 . Trent to Kaiser Property 1 • 4 property �- + i ., •.1-46.1405.,I owners rs •I r.f:tr, ti'0 +' r�l { r s r r�' if�r' " {� • Properties 5 I ',r'r , r lyt 4)s 2 --- - + - 11 zoned I-2 and ...:... J MUC ' t < • Area within {. � shoreline jurisdiction ; I;rI+� �' ranges from 5% I �� 1 , `'• • Centennial a r14► "1.•---" . Trail located on r %1 \` •J N, _, i x south side of Icr �� •River on State d F i ` ,i .� �',� `\ � , t Land r t 12.-11 ''.,.ar>♦, .1.'t01�,. 1.'x!71 • -..• t -. . 7 t .> f, Mfr 1. '1,►_ ,: 7 Trent to .„ 4 �qa .,tip Y 7++ t� , 7 rr.. Kaiser f , ^r �+ �, i�h f 4 i l Property 4.� } 4 sf'. ,} 7 rY. k<i r a North side of '\?' e 4'� ',` tom; i- } !' ,:,nfi A „t _mom River - , t ro x " �� y� ;+� }t Fib 7 � '! A. u. Y f,,f. �- ft{+� ,` _•ip-f}g -. _, �, + uhf .. S".Y. i-P +. 4 /% "y i f' q �S' .• A r1f•- ,.,4,e _-, ' ?' South Side of River z . i6' Mi rabeau Park Frontage , - --"4, to Railroad Crossing + ' +`t' + • i property owner i t Zoned MUC and I-2 ' ` q, 'y F ,' 2%-45%of total area 1 ,''6''\,, `-, �\ ` I 1 . ..f of each property is w —.4.-1 located in shoreline s{ r1 f : jurisdiction i f I r i `-,. • No waterfront property . + �� • Centennial trail located 1 f ' ,,�\ ti 1 — -\/1 on South Sick of River tCw-y 4y. ' . -frail t...-i• 4 f.--...-1::..-- :,:-:::::: .:,....K.-",...77. 7.., , .._____,:,. . ., ., .,,i,,,.taz„,,,,,..„,,,.. , Le 1.z.....i.r.. ,..0„. ..v.„,„ ... . . ...... .,. ........,.. ....,:i.,?...t, „...,...,.......i....i..,..:....„,.t..fil..........i.0.3.,....zz..„... .„,„ . \ .,...„ .,_k,„/} ..,,-,...-,..., ,-, : - -_- .,°- --. -.-..----.:(.........c.„:-.. - „--,-. ...._.--,_,:...r., ..*,„> e.., I ,,,,, L, 4 8 I Railroad ROW to East of Mission Road • 3 property owners { • Zoned MUC and I-2 • — 2%-22% of total area of each property is located in shoreline jurisdiction ' ,ti , • Gravel pit owns waterfront property f ' ' , • Centennial trail located on South Side of / River ( - \' �+ i 3 ' i ■. , i / , 1 11 _ , , am; � , y , 1 ii , � 1 ' Chi' --,? , ` Development Regulations Overview 9 • "a Critical Areas Review Process Staff and Consultant Role/Process Develop Draft Planning Commission Review Development Regulations Develop Study Session 1 Draft Critical June IS Council Review Areas Regulations Public Hearing (ate 2'1 Public Comment Accept by Resolution Conduct Open House Recommend (Jul t8} to Council - J Y G2Q1'1I Conduct Inventory and Analysis Develop Goals and Policies Q Develop Shoreline Environment Designations Develop Draft Develop '1 Regulations I Restoration Plan A o ress Develop Public Cumulative Access Plan ? 1' Im acts Local Adoption State Adoption )Riblic Review Process Process 10 Regulatory Framework and State Guidelines • City Regulations • State Guidelines -- WAC 173-26 • General Master Program Provisions • Shoreline Modifications • Shoreline Uses • Guiding Principle -- No Net Loss of Ecological Functions F .. No Net Loss - WAC 173-26- 186(8) • "It is recognized that shoreline ecological functions may be impaired not only by shoreline development subject to the substantial development permit requirement of the act but also by past actions, unregulated activities, and development that is exempt from the act's permit requirements. • The principle regarding protecting shoreline ecological systems is accomplished by these guidelines in several ways, and in the context of related principles." • This includes the requirement that "Local master programs shall include policies and regulations designed to achieve no net loss of.those ecological functions." 11 Siiii* , .;sites tx is y •rF = : * "t a E' €` i Process to Develop the Draft Regulations General . Section 1 — Definitions Framework Cl ' Section 2 — General in WAC Regulations Provisions Section 3- Regulations th g,A ets Consider Local 4 e 0,S AI Uses ecific Shoreline �,`ame3 Circumstances j,.- Section 4 -- Regulations �°�'�rco�� G��t��r for Shoreline Gov " Modifications Section 5 — Critical Develop Draft Areas Regulations RIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIME General Provisions Sections - Section 2 l Purpose Sections 1 • General Regulations • Shoreline use Tables . Regulations that • Shoreline Modification Activities apply to all • No Net Loss/Mitigation Sequencing • Dimensional Standards shoreline uses, • Shoreline Buffers/Building Setbacks activities, and • Flood Hazard Reduction ■ modifications • Public Access • Shoreline Vegetation Conservation • Water Quality,Stormwater and Nonpoint Pollution • Archaeological and Historic Resources • Nonconforming Uses,Structures/Lots • Gravel Pits 12 li 1 Regulations fore Specific Shoreline Uses - Section 3 [Purpose i [Sections • General Provisions egulations that • Boating Facilities apply to specific ' Commercial Use • Industrial Use c ..........common uses and Instream Structures development types when in the • Parking Facilities • Recreational Development and Use shoreline • Residential Development and Use • Signs and Outdoor Lighting • Transportation Facilities • Public Facilities and Utilities 26 Regulations for Shoreline Modifications - Section 4 Purpose 1 [ Sections • General Regulations • egulations that • Shoreline/Slope Stabilization apply to specific • Piers and Docks activities Or • Dredging and Fill structures that • Shoreline Habitat and Natural Systems Enhancement Projects modify the physical configuration or qualities of the horeline area 13 '2-,. _i_,, ll.?4,A t,_. lie,-'>4 ..,?; _._ .'._.. a,,,,, ,- •$ .. -"2. tat.1 Shoreline Uses Table 1 . s r cc cc t c P g S 0 V v 7i 1 .11 1 5 ., tk 71-SHORELINE USES a m E 4 Agriculture X X X X X Aquaeulture X X X X X _ Boating Facilities(Including launches, ramps,public/corn mercia l docks,and private docks serving more than four residences) N/A P C X (Note 1) Commercial Use Water-dependent X P(Note 2) P X C Water-related and water-enjoyment P(Note 2) P(Note 2) P X C Nonwater-oriented X X P X X Forest Practices X _ X X X X Industrial Use Water-dependent X X P X C Water-related and water-enjoyment X X P _ X X Now ter-oriented X X X X X r........e•....r....- 28,4 Shoreline Modification Activities - Table 2 Ts W r c = ° u d e C j'v S1 Pr SHORELINE MODIFICATION ACTIVITY a IS m > E Q Shoreline/Slope Stabilization _ Structural,such as bulkheads N/A C C X Nonstructural,such as soil bioengineering_ N/A P P C (Note 1) Piers and Docks Piers N/A X C X Viewing Platforms P P - P C Docks N/A P C X (Note 1) Dredging and Fill _ Dredging C C C X C Fill C C C x c Shoreline Habitat and Natural Systems Enhancement Projects P P P P P Breakwaters,Jettlas,Groins,end Weirs X X X X X KEY: P=Permitted. C=Conditional Use. X=Prohibited. N/A=Not Appticabie n 14 No Net Loss and Avoid the Impact Mitigation Sequencing Minimize the • Applies to all shoreline uses and Impact development ` ' • Authorizes mitigation to offset Rectify the Impact impacts to ecological functions 1l • Identifies the sequence order Reduce or for mitigation measures Eliminate over time • Definition t Compensate for Impact I1 Monitor d,'1. Buffers and Building Setbacks t ' "-Y a ° I \ i t c: 4 zz j� _ 1 rs \ t - " Ci' i.-`' I!i . .' `'t4 ' -i�` `.1' ©:samcang,•:<nNe, 41.*. .6 c t / ,. % I} '` 75 Fool MUr ,:':5.1-:..q,"• ---:k. _ i I _� . : � . ' ° yi "" `y gi ? Tt , \, 1 41 9 ' r 5 j - - _?:... .e --- -i.a. ea. ..1.4 7+ ,s>.bi d kt -:`.'I 1-.e--1 TABLE 7 Buffer Building Setbacks ‘ 1 r„;;,4 Environment Urban Urban Shoreline Slweline t ` 4 '.Lf--” ' Conservancy Conservancy— Residential- Residential ' t` . High Quality Upland Waterfront .1'N, , e�-: /,. Setback is Y 75' 0'[note 1] 0"]note 1} 15 Trent to , - v . h Kaiser 0.,( j R. , a„ , w� f or , Property Y,... N4' .- / r r% f �)4 K rt.4• North side of ,/ ..' '� �,,P :, -- 'r3„i .i. River :;, .. r t te s as��' J3 1 .!' : P-,-,, i • I -i, /+' r k - S . 4 r r. ,:tr' „ K. `'5. • " South Side of River Field View .. '=.4,.4 . $)V ,it fi l,,North side of ,, 0 , F-rte •.. . = s 5r., ! T t River • ' 3 —,.•1.•• ' ,�,+ ,h South Side of River .a 3'Ad i?a 4.i+ { y.. 16 Public Access Public Private • Builds on Public Project Project Access Plan framework Access Access Required • Distinction between Required When public versus private project Increases requirements Demand Interferes or Impedes existing Access Residential and Commercial Development Residential Regulations Commercial Regulations • Allows single family • Allows water oriented development without shoreline commercial uses permit • Allows Non-water oriented • Must be located outside of uses when: buffer - Project has a water • Erosion control and vegetation dependant component removal regulations apply a Significant public benefit Site is physically separated from shoreline by property or ROW 17 Shoreline Measures Stabilization I Regulations • Nonstructural measures preferred Building setbacks, rs • groundwater management, ,),1\ 41, rr measures to avoid the need ,�" ` New measures allowed by CUP _ 5 `` - • Allowed only to address specific circumstances • ? . • Replacement of existing F r structures allowed conditionally Nonconforming Structures/Uses Regulations • General Legal • Allowed to continue Principals ° Continues to be • Case Law used/occupied • Constitutional • Allowed to be Expanded Parameters - Does not increase non- • Default Provisions conformity; • Damaged Structures allowed to be rebuilt o Consistent with COSV code • Not greater than 80%o of structure/use damaged 18 11111=11111111111111 .11111M111.11=11, Regulatory Relationship between Recreational Facilities, Boating Facilities and Docks Recreational Facilities Private s4 �9\ / Boating Face ( pit)cl(S • � 1\ PI'14'atC >4 Prisite Public Boating Facilities/Recreational Facilities/Docks • Docks and Piers(private) • Boating Facilities ▪ Allowed for water dependent (public/commercial facilities) use o Allowed for public water • Single family home is a water dependent uses dependent use o Public access required Size limitations • Recreational Development ° Conditions may be required o i.e.trails,viewing platforms, ° Material limits noted swimming areas,boating • Repair/Maintenance allowed facilities,docks and piers • Allows water dependent uses on existing structures • Requires non-motorized pedestrian access • Addresses location-most allowed within buffer area 19 39 i —— - - --is---=---=:::-7--.--1- Shoreline ;KA,,,:i.,:` • _ . 4.,---S m, 0 t • Vegetation Conservation ,,-., -,...,,.. .,,,...,,,,..........;•: :. .. 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