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2017-017 Development Regulations; YMC Amendments Title 14, Title 15 and Title 17
AN ORDINANCE ORDINANCE NO. 2017-017 adopting Development Regulations amendments to YMC Title 14, Title 15 and Title 17 consistent with Best Available Science and the Washington State Growth Management Act, RCW 36.70A. WHEREAS, the City of Yakima is required to plan under the Washington State Growth Management Act (GMA), RCW 36.70A.040; and WHEREAS, RCW 36.70A.130(5)(c) requires the City of Yakima to take legislative action to review and, if needed, revise its comprehensive plan and development regulations, including its policies and regulations designating and conserving natural resource lands and designating and protecting critical areas to comply with the requirements in Chapter 36.70A RCW by June 30, 2017; and WHEREAS, the City of Yakima adopted its public participation program, including multiple opportunities for public participation during the process, said opportunities being set forth, and attached hereto and incorporated by this reference as Exhibit "A"; and WHEREAS, notice of all amendments to Development Regulations amendments to YMC Title 14, Title 15, and Title 17, hereinafter "Amendments," to fulfill the requirements of RCW 36.70A.130 was sent to the Washington State Department of Commerce and received by the same on March 17, 2017, that date being at least sixty days before the amendments were adopted by City Council; and WHEREAS, the City of Yakima sought community -wide participation in the update by providing specific opportunities to provide comment to an extensive list of local and state agencies and other parties of record, a complete list of which can be found in the SEIS appendices; and WHEREAS, the City of Yakima established goals and policies within the Plan to facilitate and guide development of new regulations, based upon "Best Available Science" (as defined by the GMA, to protect and enhance both critical areas and shorelines, as required; and WHEREAS, at its May 10, 2017 public hearing, the Yakima Planning Commission heard the staff presentation regarding the proposed Development Regulations, considered public testimony in both written and verbal forms from Joe Walsh, Rob Strader, Shirley Strader, Phil Hoge, Tony Sandoval, and Bill Hordan, and unanimously recommended approval subject to incorporation of the suggested changes as discussed in the meeting minutes; and WHEREAS, the City of Yakima conducted and Integrated GMA/Washington State Environmental Review (SEPA) process for public comment on the 2040 Plan, as provided in WAC 197-11-235. The Preliminary Final SEIS regarding this review was issued on May 30, 2017 and will be adopted as the Final SEIS after Council adoption; and WHEREAS, the Yakima City Council held a public hearing on June 6, 2017 to receive public comments on the Planning Commission's recommended findings and proposed revisions to the Amendments; and WHEREAS, based upon its review of the requirements of Chapter 36.70A RCW, the analysis and proposed revisions prepared by planning staff and consultants, the recommended findings and proposed revisions forwarded by the Planning Commission, and public comments received, the Yakima City Council finds and declares that the review and needed revisions have been prepared in conformance with applicable law, including Chapter 36.70A RCW, Chapter 43.21C RCW, and the process set forth in YMC Ch. 16.10 for the provision of public participation and Title 14, Title 15, and Title 17 amendments; and WHEREAS, the City Council of the City of Yakima, having considered the record herein and the recommendation from the Planning Commission, hereby finds and determines that approval of the Amendments is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Findings, Analysis and Conclusions. After reviewing the record and considering the evidence and testimony in the record and at public meetings, the Yakima City Council make the following findings, analysis, and conclusions: Findings and Analysis 1. An Integrated SEPA/GMA Preliminary Final Supplemental Environmental Impact Statement for the Plan was used on May 30, 2017, and will be made final within seven days of adoption. 2. The YPC's recommendation for approval was presented to the City Council by staff. 3. The proposed Amendments were reviewed by the Council and approved for adoption. Council Conclusions: 1. The City Council is authorized to conduct meetings and hearings concerning the Growth Management Act Updates to the Development Regulations Amendments, and to direct legislation be prepared for an Ordinance to Title 14, Title 15, and Title 17. 2. All notice requirements for these Development Regulations amendments have been completed. 3. All matters material to the issuance of a Final Supplemental Environmental Impact Statement for the 2040 Plan have been completed. 4. The City Council has given full consideration to the policy recommendations provided to Council by the YPC, to the written comments received, to the public testimony that has been provided, and to the deliberations of the Council, and the above findings set forth the determinations reached by the council with regard to the recommended amendments to YMC Title 14, Title 15, and Title 17. Section 2. Amendments to Replace and Supersede. The proposed amendments to YMC Title 14, Title 15, and Title 17, as contained in Exhibit "B", attached hereto and fully incorporated herein, are amended by these changes and all such changes are intended to replace and supersede previous versions of the referenced documents. Section 3. Transmittal to State. Pursuant to RCW 36.70A.106, this Ordinance shall be transmitted to the Washington State Department of Commerce within ten days of adoption. Section 4. Preparation of Final Comprehensive Plan Document. City staff are hereby directed to complete final preparation of the Amendments, correct any typographical edits, and include appropriate graphics and illustrations. Section 5. SeverabilityNalidity. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. Ratification. Any act consistent with the authority, and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Authorization to File. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor, as necessary. Section 8. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 6th day of June, 2017. ATTEST: Sonya o Idar Tee, City Clerk Publication Date: June 9, 2017 Effective Date: July 9, 2017 April 29, 2015: May 19, 2015: June 25, 2015: September 15, 2015: October 6, 2015: February 17, 2016: February 23, 2016: February 23, 2016: March 31, 2016: May 25, 2016: July 27, 2016: August 31, 2016: September 28, 2016: October 12, 2016: October 26, 2016: November 9, 2016 December 14, 2016: January 10, 2017: January 11, 2017: January 25, 2017: February 15, 2017: Exhibit "A" Public Participation and Timeline Yakima Planning Commission (YPC) reviewed, discussed and recommended approval of the Public Participation Guide Public Participation Plan adopted by Resolution R-2015-071 Request for Qualifications (RFQ) made available for consultant selection for Comprehensive Plan and Transportation Systems Plan Updates Professional Services Agreement with consultant team from Berk Consulting, MAKERS Architecture, and Shannon and Wilson to facilitate and assist in the City's Comprehensive Plan update executed by Resolution R-2015-115 Professional Services Agreement with consultant team from Transpo Group to facilitate and assist in the City's Transportation Plan update executed by Resolution R-2015-119. The scope of work was amended on November 10, 2016. Visioning survey made available Visioning Open House at YV Tech Skills Center Request for Consideration made available for resident Comp Plan Amendment requests Visioning survey closes — 185 responses received Planning Commission Outreach Workshop YPC study session on suggested land use changes and resident amendment requests YPC study session on land use designations and resident amendment requests YPC study session on resident amendment requests YPC study session on Plan Foundation and Vision YPC study session on Natural Environment, Housing, and Utilities elements YPC study session on Parks and Recreation element YPC study session on Land Use element Yakima Bicycle and Pedestrian Commission (YBAPC) study session on Transportation Systems Plan YPC study session on Economic Development, Historic Preservation, and Energy elements Yakima Historic Preservation Commission study session on Historic Preservation element YBAPC study session on Transportation Systems Plan and Bicycle Master Plan March 17, 2017: March 17, 2017: March 22, 2017: March 23, 2017: March 28, 2017: March 29, 2017: April 11, 2017: April 11, 2017: April 12, 2017: April 12, 2017: April 13, 2017: April 26, 2017: May 9, 2017: May 10, 2017: May 16, 2017 May 30, 2017: June 6, 2017: Draft documents (Comp Plan 2040, Transportation Systems Plan, Capital Facilities Plan, Development Regulations, Draft Supplemental Environmental Impact Statement) made available on website, notice sent to parties of record and SEPA agencies, display ad in Yakima Herald Republic and El Sol newspapers Draft documents and notice of intent to adopt sent to Department of Commerce YPC study session on Development Regulations and Critical Areas Best Available Science Yakima Economic Development Committee study session on Economic Development Element YBAPC study session on Transportation Systems Plan Yakima Neighborhood and Community Building Committee study session on Comprehensive Plan Joint Yakima City Council and YPC study session on Comprehensive Plan 2040 and Development Regulations Public open house at YV Tech Skills Center YPC study session on Critical Areas Best Available Science Yakima Parks and Recreation Commission study session on Parks and Recreation Element YBAPC study session on Transportation Systems Plan YPC study session on Transportation Element and Transportation Systems Plan YBAPC study session on Transportation Systems Plan YPC Open Record Public Hearing on Comprehensive Plan 2040 and Development Regulations YPC findings signed by chair Preliminary Final SEIS issued at least 7 days prior to Council Consideration. City Council public hearing on the Yakima Urban Area Comprehensive Plan 2040, Transportation Systems Plan 2040, Capital Facilities Plan, and Development Regulations. Exhibit "B" City of Yakima 2017 GMA Updates Development Regulations to YMC Title 14, Title 15, and Title 17 Track Changes Summary Version YMC Chapter 14.20.160 SUBDIVISION 2 YMC Chapter 15.06 OFF STREET PARKING AND LOADING 2 YMC Chapter 15.27 CRITICAL AREAS 2 YMC Title 17 SHORELINES 5446 The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 YMC Chapter 14.20.160 SUBDIVISION 14.20.160 Preliminary Plat -Expiration of approval -Extension -Conditions. A. Approval of preliminary plats of proposed subdivisions shall expire five years in accordance with the timelines below from the date of city council approval thereof. The council shall, upon written application of the subdivision applicant at least 30 days prior to such expiration, grant an extension for a maximum period of one year upon a showing that the applicant has attempted in good faith to submit the final plat within the five year periodsubmission timeline. The timeline to submit a final plat is as follows: 1. Seven (7) years if the date of preliminary plat approval is on or before December 31, 2014. 2. Five (5) years if the date of preliminary plat approval is on or after January 1, 2015. 3. Ten (10) years if the project is located within city limits, not subject to the shoreline management act, and the preliminary plat is approved on or before December 31, 2007, - _ - YMC Chapter 15.06 OFF STREET PARKING AND LOADING 15.06.035 Electric Vehicle Charging Stations. A. Electric Vehicle Charging Stations, as defined by RCW 36.70A.695(5), or as amended, shall be allowed as follows, except for on resource lands or in critical areas: 1. An accessory use to an approved principal use in the B-1, B-2, HB, SCC, LCC, CBD, .- - - - GC, M-1, M-2, RD, and AS zoning districts. 2. As a right-of-way use permit in public parking lots and/or on -street public parking areas, - Formatted: Heading 1, Left, Space After: 0 pt, Line spacing: single, Don't keep with next, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Arial YMC Chapter 15.27 CRITICAL AREAS 15.27.305 Document exemption for hydrologically rclatcd critical arc\aofish and wildlife habitat conservation and wetlands Part Five. Fish and Wildlife Habitat and the Strcam Corridor SystcmConservation Areas 15.27.502 Hydrologically rclatcd critical arca f a turc&Designation Article IV. Watcr Dcpcndcncy Dcvclopmcnt Standards and Buffer Requirements 15.27.510 15.27.511 15.27.512 15.27.513 15.27.5140 Use classifications. Water dependent uses. Water related uses. Non water oriented uses. Vegetative buffers. Article V. Land Modification Development Standards 15.27.5151 Roads, railroads, and parking. 15.27.5162 Utility transmission lines and facilities. 15.27.517-3 Shorc Bank stabilization. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.28" + Indent at: 0.53" Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial 15.27.5184 Dredging and excavation. 15.27.5185 Filling. 15.27.52016 Commercial mining of gravel. 15.27.5217 Reclamation. 15.27.120 Purpose of chapter. The purpose of this chapter is to establish a single, uniform system of procedures and standards for development within designated critical areas outside of shoreline jurisdiction within the incorporated city of Yakima and its urban growth area. (Ord. 2008-46 § 1 (part), 2008). 15.27.130 Intent of chapter. A. This chapter establishes policies, standards, and other provisions pertaining to development within designated critical areas regulated under the provisions of the Growth Management Act (RCW 36.70A) and development regulated under the National Flood Insurance Program. Flood hazard areas, fish and wildlife habitat conservation areas, wetlands, geologically hazardous areas, and Wetlands, streams, stream corridors and rivers; areas with a critical recharging effect on aquifers used for potable water; fish and wildlife habitat conservation ar as; frcqucntly floodcd ar ac; and gcologically hazardous ar ac constitute the city of Yakima's critical areas pursuant to WAC 365-190-030. These areas are of special concern to the people of the city of Yakima and the state of Washington because they are environmentally sensitive lands, or hazardous areas, which comprise an important part of the state's natural resource base. The policies, standards, and procedures of this chapter are intended to: 1. Preserve development options within designated critical areas where such development will result in the level of "no net loss" of the functions and values of the critical areas; 2. Where appropriate, avoid uses and development which are incompatible with critical areas; 3. Prevent further degradation of critical areas unless the degradation has occurred beyond feasible protection; 4. Conserve and protect essential or important natural resources; 5. Protect the public health, safety, and general welfare; 6. Further the goals and policies of the 2017 Comprehensive Plan 2040Yakima urban oho ply 7. Implement the goals and requirements of the Washington Growth Management Act (RCW 36.70A), and the National Flood Insurance Program (CFR Title 42); 8. Recognize and protect private property rights; and 9. Provide development options for landowners of all existing lots to the greatest extent possible, through the establishment of adjustment, reasonable use, and nonconforming use and facility provisions. B. The policies, standards and procedures of this chapter are not intended to: The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 1. Regulate the operation and maintenance of existing, legally established uses and structures, including but not limited to vegetative buffers on existing uses that have been reduced in width prior to the effective date of this chapter; 2. Result in an unconstitutional regulatory taking of private property; 3. Require the restoration of degraded critical areas for properties in a degraded condition prior to the effective date of this chapter, unless improvement of the buffer is needed for new development proposed on the property; 4. Presume that regulatory tools are the only mechanism for protection; or 5. Prohibit the use of valid water rights. (Ord. 2008-46 § 1 (part), 2008). 15.27.140 Applicability. A. The provisions of this chapter shall apply to any new development, construction, or use within the incorporated portion of the city of Yakima, outside of shoreline jurisdiction, and ito urban growth area designated as a critical area and upon any land mapped and designated as a special flood hazard area under the National Flood Insurance Program. However, this chapter does not apply to the situations below, except that the flood hazard protection provisions of Part Four of this chapter will continue to apply as determined by YMC 15.27.400 through 15.27.406: 1. Within designated critical areas, there may exist lots, structures, and/or uses which were lawfully established prior to the adoption of this chapter, as provided below, but which would be subsequently prohibited, regulated, or restricted under this chapter. Such existing lots, structures, and/or uses shall be classified as legally nonconforming uses. 2. It is the intent of this chapter to permit these pre-existing legally nonconforming uses and structures to continue until such time as conformity is possible: a. Critical areas on federally owned lands are not subject to the provisions of this chapter; b. Minor, temporary, or transient activities (including those of a recreational nature) that do not alter the environment or require a dedicated staging area, use area, or route (including temporary signs) are not subject to this chapter; c. Mining, as defined in YMC 15.27.200, which is carried out under a Washington Department of Natural Resources reclamation permit is not subject to the geologically hazardous areas provisions of this chapter for erosion hazard areas, oversteepened slope hazard areas, landslide hazard areas and suspected geologic hazard areas. Other critical areas provisions continue to apply. B. The adoption and amendment dates of the relevant regulations are provided below: 1. Critical areas ordinance adopted 1998; 2. Flood hazard ordinance adopted 1981; and 3. Other rules and regulations, including the city of Yakima subdivision ordinance (YMC Title 14), the city of Yakima urban area zoning ordinance (YMC Title 15), and the buildings ordinance (YMC Title 11), shall remain in full force and effect as they apply to a designated critical area. Wherever the requirements of this chapter conflict with the requirements of the Yakima urban area zoning ordinance, the subdivision ordinance or any other lawfully The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 adopted municipal rules or regulations, the most restrictive standards shall apply. (Ord. 2008-46 § 1 (part), 2008). 15.27.200 Definitions generally. Definitions listed in Part Two of this chapter shall be applied to the regulation, review, and administration of all critical areas, including flood hazard areas, unless the definition itself identifies the term as applying to flood hazard administration, in which case the definition only applies to that situation. "Bank stabilization" means the construction or modification of bulkheads, retaining walls, dikes, levees, riprap, breakwaters, jetties, groins, weirs, and other structures along a bank, for the purpose of controlling stream undercutting or bank erosion. "Breakwater" means a fixed or floating off chorcin water structure that protects the shore bank from the forces of waves or currents. "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the chorc bank consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion. "Department" means the city of Yakima department of community and cconomic development. "Fill" means the addition of any material, such as (by way of illustration) earth, clay, sand, rock, gravel, concrete rubble, rubble, wood chips, bark, or waste of any kind, which is placed, stored or dumped upon the surface of the ground resulting in an increase in the natural surface elevation. The physical structure of a bankchoro stabilization structure shall not be considered fill. However, fill placed behind the structure is considered fill. Stream bed manipulation for irrigation diversions shall not be considered fill. "Fish and wildlife habitat conservation" means land management for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term. Counties and cities should engage in cooperative planning and coordination to help assure long term population viability. ".Fish and wildlife habitat conservation areas" are areas that serve a critical role in sustaining - needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. Counties and cities may also designate locally important habitats and species. Fish and wildlife habitat conservation areas does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company. Habitats of local importance" are designated as fish and wildlife habitat conservation areas based on a finding by the city that they are locally important. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt "Hydrologically related critical areas (HRCA)" include all those areas identified in YMG 15.27.502, which are important and dcccrving of protcction by naturc of thcir valuc for the, functional properties found in YMC 15.27.50,1. "Mining" means the removal of naturally occurring minerals and materials from the earth for commercial value. Mining includes processing and batching. Mining does not include large excavations for structures, foundations, parking areas, etc. (See YMC 15.27.518514.) "Ordinary high water mark" means a mark on lakes and streams which can 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 ordinary years as to mark upon the soil or vegetation a create a character mark upon the soil distinct from that of the abutting upland. Provided, that in any area where the ordinary high water line cannot be found, the ordinary high water line is the elevation of the mean annual flood. "Perennial stream" means a stream that flows year-round in normal water years. Priority habitat" means a habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes: comparatively high fish or wildlife density, comparatively high fish or wildlife species diversity, fish spawning habitat, important wildlife habitat, important fish or wildlife seasonal range, important fish or wildlife movement corridor, rearing and foraging habitat, refuge, limited availability, high vulnerability to habitat alteration, unique or dependent species, or shellfish bed. A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife. A priority habitat may also be described by a successional stage. Alternatively, a priority habitat may consist of a specific habitat element (such as talus slopes, caves, or snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife. "Priority species" means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below: A. Washington State (State) Listed or State Proposed Species. State -listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed by WDFW (POL-M-6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297. B. Vulnerable Aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. C. Species of Recreational, Commercial, and/or Tribal Importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt D. Species listed under the federal Endangered Species Act as either proposed, threatened, or endangered. "Restore" means to re establish the basic functional properties listed in YMC 15.27.50,1 that have been lost or destroyed through natural events or human activity with m acures such ac revegetation and removal or trcatmcnt of toxic materials. "Restoration" does not imply a requirement for returning the site to aboriginal or pre European settlement conditions; but rather thc return of a critical arca with vegetation and addreccing of any toxic materials from thc date of the permit. ;Restore," "restoration" or "ecological restoration" means the reestablishment or upgrading of impaired functions, such as those listed in YMC 15.27.504 thathave been lost or destroyed through natural events or human activity. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive structures, and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the site to aboriginal or pre -European settlement conditions. "Revetment" means a facing placed on a bank or bluff to protect a slope, embankment, or shore - structure against erosion by wave action or currents. "Scour" means the removal of underwater material by waves and currents, especially at the base or toe of a shore bank stabilization or other in -water structure. "Shoreline," as used in this chapter, means those water areas, the associated features, and the land areas that are subject to the State Shoreline Management Act, as defined in RCW 90.58.030 and the city of Yakima's current shoreline master program (definitionoYMC 17.01.090). "Shorc stabilization" mcans thc construction or modification of bulkheads, rctaining walls, dikcs, levies, riprap, breakwaters, jetties, groins, weirs, and other structures along thc shore, for the - purpose of controlling stream undercutting, stream erosion or lake shore erosion. ;"'.Species of local importance" are those species that are of local concern due to their population status or their sensitivity to habitat alteration or that are game species. 15.27.502. "Vegetative buffer" or "buffer" means an area extending landward from the ordinary high water mark of a lake or stream and/or from the edge of a wetland which is maintained or otherwise allowed to provide support for the performance of the basic functional properties of a fish and wildlife habitat conservation area andctream corridor, wetland and other hydrologically related critical areas as set forth in YMC 15.27.504 and 15.27.603. Waters of the state" are all lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington. 15.27.301 Critical area identification form and critical area report requirements. E. The administrative official or designee shall base wetland boundary dctcrminations on those criteria specified in the Washington State Wetlands Identification and Delineation Manual The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: Arial, 11 pt Formatted: Font: Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt consistent with Wetland Mitigation in Washington Statc, Parts 1 and 2 (March 2006 or as updated). (Ord. 2008 ,16 § 1 (part), 2008). 15.27.303 Minor activities allowed without a permit or exemption. D. Creation of private trails that are less than two feet wide that do not cross streams or wetlands that arc Icsc than two fcct widc and do not involve placement of fill or grubbing of vegetation; G. Noxious weed control outside vegetative buffers identified in YMC 15.27.5141; and 15.27.304 Documented exemption—Procedural requirements. F. The proponent of an exempt activity shall submit a written request for a documented exemption which states the following: 1. Why the exemption is being sought. 2. A project description that demonstrates the following: a. The sequence of activities to be conducted; b. The equipment to be used (hand or mechanical); c. The best management practices to be used; d. The efforts employed to minimize adverse impacts; and e. Restoration for disturbed areas and mitigation for lost critical areas functions following the activity, including mitigation for Ioct wctland function&. 15.27.305 Documented exemptions for fish and wildlife habitat conservation areas and wetlands. E. Construction of a dock in a non -shoreline waterbody for the use of a single-family or multiple -family residence; K. A public or private project to improve fish or wildlife habitat or fish passage in a non - shoreline waterbody if: 15.27.307 Mitigation requirements. D. If an alteration to a critical area is unavoidable, all adverse impacts to that critical area and its buffers shall be mitigated for in accordance with an approved mitigation plan and mitigation Ecology Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated}; and E. Except as specified in YMC 15.27.605, Mmitigation shall be in-kind and on-site, whenever possible, and may be out -of -kind and/or off-site when deemed appropriate by the administrative official or designee. (Ord. 2008-46 § 1 Article V. Critical Areas Reports 15.27.314 Critical areas report requirements. M. Compensatory Mitigation Plans. When compensatory mitigation, as described in YMC 15.27.307, is proposed for wetlands or fish and wildlife habitat conservation areas or strcam The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 channclo, the applicant shall submit a mitigation plan as part of the critical area report, which includes: N. Innovative Mitigation. 3. Projects that propose compensatory wetland mitigation shall also use the standards in YMC 15.27.60'1605. For those situations where a mitigation bank may provide an opportunity for mitigation, the requirements in YMC 15.27.605 shall apply. 15.27.315 Supplemental report requirements for specific critical areas. A. Fish and Wildlife Habitat Conservation AreasStream Corridor:. When a critical areas report is required for a- fish and wildlife habitat conservation areactream corridor or hydrologically related critical area, it shall include the following: 3. A discussion of any federal, state or local management recommendations which have been developed for the species or habitats in the area, and how they will be incorporated into the protect. B. Wetlands. When a critical areas report is required for wetlands, it shall include the following: 1. The exact location of a wetland's boundary and wetland rating as determined through the performance of a field investigation by a qualified wetland professional applying the approved federal wetland delineation manual and applicable regional supplements Publication No. 96 91} as required by RCW 36.70A.175 and the most recent version of the Washington State Wetland Rating System for Eastern Washington; 4. For projects that will affect the wetland or buffer, provide the following: a. A habitat and native vegetation conservation strategy that addresses methods to protect or enhance on-site habitat and wetland functions and values listed in YMC 15.27.504 and 15.27.603(A); and b. Mitigation sequencing, pursuant to YMC 15.27.307, to avoid, minimize, and mitigate impacts shall result in "no net loss" of acreage or functional values of wetlands and shall follow the guidance provided in YMC 15.27.601605. `Critical Aquifer Recharge Areas. The approach of the City critical area regulations is to require a level of study and analysis commensurate with potential risks to wellhead protection zones associated with particular sites and particular proposals. At a minimum, all applicants shall review the history of the site and conduct a surface reconnaissance. The purpose of a critical aquifer recharge area report is to evaluate the actual geologic conditions and determine the site's proximity to or location within a wellhead protection zone; evaluate the safety and appropriateness of proposed activities; and recommend appropriate construction practices, monitoring programs, and other mitigation measures required to ensure achievement of the purpose and intent of these regulations. The information required by this report should be coordinated with the study and reporting requirements for any other critical areas located on the site. A critical aquifer recharge area report shall be prepared by a qualified professional who is a hydrogeologist, geologist, or engineer who is licensed in the State of Washington and who has experience in preparing hydrogeologic assessments. 1. Level One Hydrological Assessment: At sites located within Wellhead Protection Zones 1 through 3, defined in Section 15.27.820.A.1, a critical aquifer recharge areas report The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: -0", Hanging: 0", Space After: 6 pt, Tab stops: 0.25", Left Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0.25", Space After: 6 pt, No bullets or numbering Formatted: Font: (Default) Arial, 11 pt shall contain a level one hydrological assessment which includes the following site- and proposal -related information at a minimum: a. Information regarding geologic and hydrogeoloqic characteristics of the site, including the surface location of all critical aquifer recharge areas located on-site or immediately adjacent to the site, and permeability of the unsaturated zone based on existing data. b. Groundwater depth, flow direction, and gradient based on available information. area. c. Currently available data on wells and springs within 1,300 feet of the project d. Location of other critical areas, including surface waters, within 1,300 feet of the project site. e. [available historic water quality data for the area to be affected by the proposed activity. f. BMPsproposed to be utilized. 2.— .Level Two Hydrogeologic Assessment. a. A level two hydrogeoloqic assessment shall be required for any of the t \ following proposed activities at sites located within Wellhead Protection Zones 1 through 3: i. (activities that result in 5,000 square feet or more impervious site area. ii. pactivities that divert, alter, or reduce the flow of surface or groundwaters, including dewatering or otherwise reduce the recharging of the aquifer. iii. The storage, handling, treatment, use, production, recycling, or disposal of deleterious substances or hazardous materials, other than household chemicals used according to the directions specified on the packaging for domestic applications. iv. The use of injection wells, including on-site septic systems, except those domestic septic systems releasing less than 14,500 gallons of effluent per day and that are limited to a maximum density of one system per one acre. v. [any other activity determined by the Director of Community Development likely to have an adverse impact on groundwater quality or quantity, or on the recharge of the aquifer. b. [a level two hydrogeoloqic assessment shall include the following site and proposal- .- - related information at a minimum, in addition to the requirements for a level one hydrogeological assessment: i. Historic water quality and elevation data for the area to be affected by the .- - - - proposed activity compiled for at least the previous five-year period. ii. Groundwater monitoring plan provisions. iii. Discussion of the effects of theproposed project on the groundwater quality and quantity, including: Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0.5", Space After: 6 pt, Line spacing: single, No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt - Formatted: Indent: Left: 0.25", First line: 0", Space After: 6 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0.5", Space After: 6 pt, No 1 bullets or numbering J Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0.75", Space After: 6 pt, No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0.5", First line: 0", Space After:l 6 pt J Formatted: Font: (Default) Arial, 11 pt The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Indent: Left: 0.75", Space After: 6 pt, No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt (a) Predictive evaluation of groundwater withdrawal effects on nearby wells and surface water features. (b) Predictive evaluation of contaminant transport based on potential releases to groundwater. iv. Identification of the type and quantities of any deleterious substances or hazardous materials that will be stored, handled, treated, used, produced, recycled, or disposed of on the site, including but not limited to materials, such as elevator lift/hydraulic fluid, hazardous materials used during construction, materials used by the building occupants, proposed storage and manufacturing uses, etc. v. Proposed methods of storing any of the above substances, including - containment methods to be used during construction and/or use of the proposed facility. vi. Proposed plan for implementing YMC 15.27.820.C.3.f, Protection Standards During Construction. vii. 2 spill plan that identifies equipment and/or structures that could fail, resultinq in an impact. Spill plans shall include provisions for regular inspection, repair, and replacement of structures and equipment that could fail. viii. 2 complete discussion of past environmental investigations, sampling, spills, or— - - - incidents that may have resulted in or contributed to contaminated soil or groundwater at the site. Attach copies of all historical and current reports, and sampling results. 15.27.317 Adjustment. A. Classification Criteria. For projects not required to be processed under RCW Chapter 90.58 (Shoreline Management Act) and Title 17 YMC (Shoreline Master Program Regulations) the administrative official or designee is authorized to administratively adjust the development standards. Existing structures, parcel size, property boundaries, and other constraints may preclude conformance with building setbacks and vegetative buffers. Given such constraints, administrative adjustments may be authorized where the site plan and project design include measures to ensure the protection and performance of the functional properties identified in YMC 15.27.504. Adjustmcnts of vVegetative buffer standards aistcd in Tablcs 27.5 1 and 27.5 2 may be reduced to the minimum buffer width aistedprovided in YMC 15.27.510 and 15.27.604. Reductions below the minimum may be considered but require stricter criteria be met in subsection (C)(4) of this section. Adjustments to prohibited use limits are not allowed. Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 1", Space After: 6 pt, No 1 bullets or numbering J Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0.75", Space After: 6 pt, No 1 bullets or numbering J Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt C. Decision Criteria. Decisions on adjustment permits shall be based on the general decision criteria found in YMC 15.27.311 together with the criteria below. f. The use of buffer averaging or buffer enhancement plans by the applicant using native vegetation or other measures to enhance the functions and values of the hydrologically related critical area (HRCA).fish and wildlife habitat conservation area or wetland. 3. When granting an adjustment, the administrative official or designee may require, but is not limited to, the following alternative measures to protect the functions and values of the fish and wildlife habitat conservation area or wetlandHRCA: The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Indent: Left: 0.75", Space After: 6 pt, Line spacing: Multiple 1.08 li, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 0.5" Formatted: Font: (Default) Arial, 11 pt a. Restoration of impaired channels and banks to conditions which support natural stream flows, fish habitat, and other values; b. Restoration, enhancement, and preservation of soil characteristics and the quantity and variety of native vegetation; c. Provisions for erosion control and the reduction and filtration of stormwater runoff er-into the fish and wildlife habitat conservation area, wetland, orctream channel and buffer; d. Removal or alteration of existing manmade facilities associated with stream channels or drainage ways which improve stream flow or exchange of surface waters; e. Replacement of lost fish and wildlife habitat conservation area and wetland functions and valuesctrcam corridor fc\aturco on an acro for acro basis and replacement of lost wetlands in accordance with guidance provided in the Washington Stats Department of Ecology's Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated}best available science. f. Conservation easements for key portions of fish and wildlife habitat conservation areas, wetland, or buffers stream corridor property and/or their inclusion within public or private conservation programs; or g. Vegetative buffer averaging may be modified by averaging buffer widths. Buffer averaging is preferred in the use of mitigation sequencing (YMC 15.27.307) over a reduction in the buffer standards. 4. The following additional criteria must be met to reduce the critical areas stream and wetland buffers found in Tables 27.5 1 and 27.5 2 below the minimum listcdidentified in YMC 15.27.510 and 15.27.601 in the respective table,: 15.27.401 Principles. Part Four recognizes the right and need of -the river and stream channels to periodically carry more than the normal flow of water and establishes regulations to minimize loss of life and property, restrict uses and regulate structures consistent with the degree of flood hazard. In advancing the above principles, the intent of Part Four is: Article III. Floodway Fringe Uses 15.27.409 Permitted uses. The following uses are permitted in the floodway fringe areas: A. Permitted Uses. Any use permitted in the zoning district in accordance with this title, unless prohibited by YMC 15.27.410i, provided, that said use is in compliance with the flood hazard protection standards of YMC 15.27.407 and 15.27.408 and other applicable provisions of this chapter and will have a negligible effect upon the floodway in accordance with the floodway encroachment provisions of YMC 15.27.412(B); B. All new encroachments, including fill, new construction and other development, if certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted upland of the established The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 floodway fringe, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; �C. All new encroachments, including fill, new construction and other development, if: Formatted: Font: (Default) Arial, 11 pt 1. The new encroachment is separated from the waterbody by an existing public roadway or — - - - legal development. 2. The new encroachment is located in a residential zone with a density of greater than 1 unit per acre. BD. Utility Transmission Lines. Utility transmission lines shall be permitted when consistent with this title and where not otherwise inconsistent with Part Four of this chapter; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway fringe or special flood hazard area, such transmission line shall conform to the following: 1. Electric transmission lines shall cross floodway fringe and special flood hazard areas by the most direct route feasible. When support towers must be located within floodway fringe or special flood hazard areas, they shall be placed to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed. 2. Buried utility transmission lines transporting hazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet. Such burial depth shall be maintained within the floodway fringe or special flood hazard area to the maximum extent of potential channel migration as determined by hydrologic analyses. All such hydrologic analyses shall conform to requirements of YMC 15.27.411(SQ)(3). 3. Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features. 4. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of nonhazardous materials. In such cases, applicants must demonstrate that line placement will have no appreciable effect upon flood depth, velocity or passage. Such lines shall be adequately protected from flood damage. 5. Aboveground utility transmission line appurtenant structures, including valves, pumping stations or other control facilities, shall not be permitted in floodway fringe or special flood hazard areas except where no other alternative is available, or in the event a floodway fringe or special flood hazard location is environmentally preferable. This does not apply to domestic water and regional wastewater transmission pipes. In such instances, aboveground structures shall be located so that no appreciable effect upon flood depth, velocity or passage is created, and shall be adequately floodproofed. (Ord. 2008-46 § 1 (part), 2008). �E. Any use permitted in the zoning district in accordance with this title, unless prohibited by YMC 15.27.410, that is unable to adhere to the standards contained in YMC 15.27.409(A -D) above may be permitted if a critical areas reportis prepared by a qualified professional, in accordance with YMC 15.27.314,,that addresses whether the encroachment would have an adverse impact on fish and wildlife and/or floodplain functions. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Indent: Left: 0.19", Tab stops: Not at 0.5" J Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0" Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt 15.27.410 Prohibited uses. The following uses are prohibited in the floodway fringe areas: A. Any structure, including manufactured homes and the expansion of manufactured home/parks, designed for or to be used for human habitation of a permanent nature (including temporary dwellings authorized by YMC 15.04.130 and 15.04.140) that does not meet the criteria in YMC 15.27.409(A,E,)j New manufactured home parks and the expansion of manufactured home/parks are prohibited in floodway fringe areas. (Ord. 2008 ,16 § 1 (part), 2008). B. Any encroachments, including fill, new construction and other development, unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted upland of the established floodway fringe, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; C. Construction or Reconstruction of residential structures within the designated floodway fringe, except for: 1. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and 2. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the assessed value of the structure either: a. Before the repair, reconstruction or improvement is started; or b. If the structure has been damaged and is being restored, before the damage occurred. 3. Work done on structures to correct existing violations of existing health, sanitary or safety codes, or to structures identified as historic places, shall not be included in the fifty percent. 4. If subsection B of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Part Four. Article IV. Floodway Uses 15.27.411 Permitted uses. The following uses are permitted in the floodway areas: A. Any use permitted in the zoning district in accordance with this title; provided, that said use is in compliance with the flood hazard protection standards of YMC 15.27.407 and 15.27.408 and other applicable provisions of this chapter and will have a negligible effect upon the floodway in The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt Formatted: Not Highlight Formatted: Font: (Default) Arial, 11 pt accordance with the floodway encroachment provisions of YMC 15.27.412(B). Permittcd uscG include: AB. All new encroachments, including fill, new construction and other development unlock, if certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; BC. Surface mining; provided, that the applicant can provide clear evidence that such uses will not divert flood flows causing channel -shift or erosion, accelerate or amplify the flooding of downstream flood hazard areas, increase the flooding threat to upstream flood hazard areas, or in any other way threaten public or private properties. When allowed, such removal shall comply with the provisions of this title; D. Utility transmission lines, unless otherwise prohibited by this chapter; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway en route to another destination, as opposed to serving customers within a floodway, such transmission lines shall conform to the following: 1. All utility transmission lines shall cross floodways by the most direct route feasible, as opposed to paralleling floodways; 2. Electric transmission lines shall span the floodway with support towers located in flood fringe areas or beyond. Where floodway areas cannot be spanned due to excessive width, support towers shall be located to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed; 3. Buried utility transmission lines transporting hazardous and nonhazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet below the maximum established scour of the waterway, as calculated on the basis of hydrologic analyses. Such burial depth shall be maintained horizontally within the hydraulic floodway to the maximum extent of potential channel migration as determined by hydrologic analyses. In the event potential channel migration extends beyond the hydraulic floodway, conditions imposed upon floodway fringe and special flood hazard areas shall also govern placement. All hydrologic analyses are subject to acceptance by the city of Yakima, which shall assume the conditions of a one -hundred - year frequency flood as verified by the U.S. Army Corps of Engineers, and shall include on- site investigations and consideration of historical meander characteristics in addition to other pertinent facts and data. The use of riprap as a meander containment mechanism within the hydraulic floodway shall be consistent with the city of Yakima shoreline master program regulations; 4. Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features; and 5. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of nonhazardous materials where an existing or new bridge or other structure is available and capable of supporting the line. When located on The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 existing or new bridges or other structures with elevations below the one -hundred -year flood level, the transmission line shall be placed on the downstream side and protected from flood debris. In such instances, site-specific conditions and flood damage potential shall dictate placement, design and protection throughout the floodway. Applicants must demonstrate that such aboveground lines will have no appreciable effect upon flood depth, velocity or passage, and shall be adequately protected from flood damage. If the transmission line is to be buried except at the waterway crossing, burial specifications shall be determined as in subsection (C)(3) of this section; DE. Construction or reconstruction of residential structures only as authorized in YMC 15.27.412(E); €F. Improvements to existing residential structures that are not substantial improvements per YMC 15.27.200, provided the improvement complies with the requirement set forth in YMC 15.27.412(B); €G. Water -dependent utilities and other installations which by their very nature must be in the floodway. Examples of such uses are: dams for domestic/industrial water supply; wastewater treatment and collection systems; stream crossings or wetlands; flood control and/or hydroelectric production; water diversion structures and facilities for water supply; irrigation and/or fisheries enhancement; floodwater and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; and structures and nonstructural uses and practices; provided, that the applicant shall provide evidence that a floodway location is necessary in view of the objectives of the proposal; and provided further, that the proposal is consistent with other provisions of this chapter and thc city's shoreline master program. In all instances of locating utilities and other installations in floodway locations, project design must incorporate floodproofing and otherwise comply with subsection GD of this section. and G. Dikes; provided, the applicant can provide evidence that: 1. Adverse cffccts upon adjaccnt propertics will not moult rclativc to increased floodwatcr depths and velocities during the base flood or other more frequent flood occurrences; 2. Natural drainagc ways arc minimally affcctcd in that thcir ability to adcquatcly drain floodwaters after a flooding event is not impaired; 3. The proposal has bccn coordinatcd through thc appropriate diking dictrict where applicable, and that potential adverse cffccts upon other affcctcd diking districts have been documented; and H. Roads and bridges, subject to the regulations of subsections (C)(1) through (5) of this section. (Ord. 2008-46 § 1 (part), 2008). 15.27.412 Prohibited uses. The following uses/developments are prohibited in the floodway: A. Any structure, including manufactured homes, designed for or to be used for human habitation of a permanent nature (including temporary dwellings authorized by YMC 15.04.130 and 15.04.140); B. Any encroachments, including fill, new construction and other development, shall requirounless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; C. Aboveground utility transmission line appurtenant structures, including valves, pumping stations, or other control facilities, shall not be permitted in the floodway, except for domestic water and regional wastewater facilities where necessary; D. Where a floodway has not been determined by preliminary Corps of Engineers' investigations or official designation, a floodway shall be defined by qualified engineering work by the applicant on the basis of a verified one -hundred -year flood event; E. Construction or reconstruction of residential structures within designated floodways, except for: 1. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and 2. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the assessed value of the structure either: a. Before the repair, reconstruction or improvement is started; or b. If the structure has been damaged and is being restored, before the damage occurred. 3. Work done on structures to correct existing violations of existing health, sanitary or safety codes, or to structures identified as historic places, shall not be included in the fifty percent. 4. If subsection B of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Part Four. F. The construction or storage of any object subject to flotation or movement during flood level periods; G. The following uses, due to their high degree of incompatibility with the purpose of establishing and maintaining a functional floodway, are specifically prohibited: 1. The filling of wetlands, except as authorized under Part Five, Fish and Wildlife Habitat and the Stream Corridor, and Part Six, Wetlands; 2. Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and/or materials; and 3. Damming or relocation of any watercourse that will result in any downstream increase in flood levels during the occurrence of the base flood discharge (see YMC 15.27.509). H. The construction of new dikes. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 I. The listing of prohibited uses in this section shall not be construed to alter the general rule of statutory construction that any use not permitted is prohibited. (Ord. 2008-46 § 1 (part), 2008). 15.27.413 Nonconforming uses and facilities. A. Within the special flood hazard areas established by this chapter or amendments thereto, there may exist structures and uses of land and structures which were lawful before these sections were adopted or amended, but which would be prohibited or restricted under the terms of Part Four of this chapter or future amendment. B. It is the intent of YMC Chapter 15.19 to permit these lawful preexisting nonconformities to continue until they are removed by economic forces or otherwise, but not to encourage their survival except in cases where continuance thereof would not be contrary to the public health, safety or welfare, or the spirit of this chapter. (Ord. 2008-46 § 1 (part), 2008). Part Five. Fish and Wildlife Habitat and the Strcam Corr°dor SyctcmConservation Areas Article I. Introduction 15.27.500 Purpose and intent. The stream corridor system includes hydrologically related critical areas, streams, lakes, ponds, and wctlands and is part of a fragilc and highly complcx rclationship of gcology, soils, watcr, vegetation, and wildlife. Policies and standards to help conserve and protect fish and wildlife habitat conservation areas are designed to accomplish the following: A. Meet the requirements of the Growth Management Act (RCW 36.70A.172) regarding best available science; 8. Follow the requirements pursuant to flood resistant construction in the adopted building seds C. Provide a zero net loss of natural wetland functions and values; DB. Providc possible, Require consideration of alternatives for necessary development, construction, and uses within fish and wildlife habitat conservation areas a designated stream corridor and othcr hydrologically rclatcd critical ar ac; €C. Prevent decline in the quantity and quality of surface and subsurface waters; .PD. Conserve, restore, and protect fish and wildlife habitats, vegetation, and ecological relationships; GE. Protect sensitive areas of the stream corridor fish and wildlife habitat conservation areas from the potential negative effects of development through coordinated land use planning• and I4F. Protect fish and wildlife habitat conservation areas ;through voluntary agreements or government incentives, providc protcction of natural wctland functions and valucs; and_ 1. Recognize wildlife area conservation habitats within their natural geographic location through coordinated land use planning. (Ord. 2008 ,16 § 1 (part), 2008). 15.27.501 Protection approach. A—To maintain fish and wildlife habitat, there must be adequate environmental conditions for reproduction, foraging, resting, covcr, and dispersal of animals. Factors affecting both habitat and its quality include the presence of essential resources such as food, water cover nett The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 building materials, and lack of disturbance and diseases. The city of Yakima protects fish and wildlife habitat through: 1. Designation of fish and wildlife habitat conservation areasProtection of habitat for aquatic cpccicc; and 2. Protection of habitat for species located near the waterApplication of development standards based on best available science to proposed activity and development in or near fish and wildlife habitat conservation areas. 8. The city of Yakima's approach to protccting thrcatcncd, cndangcrcd, and sensitive cpccicc habitat is by using thc protection approach sections of this chaptcr. (Ord. 2008 '16 § 1 (part), 2008). Article II. Designation and Mapping 15.27.502 Designation. Stream corridors and othcr hydrologically related critical arcas include one or morc of the, following features: A. Any floodway or floodplain identified as a special flood hazard ar a identified by the, Federal Emcrgcncy Management Agency (FEMA), as identified in thc flood insurance study or corresponding maps, is hereby adopted by reference and declared to be part of this chapter; 8. Perennial and intermittent streams, excluding ephemeral streams, including the stream C. Naturally occurring ponds undcr twenty acres and associated submerged aquatic bcds; and manmade lakes and ponds created within a stream channel; O. All wetlands as defined in YMC 15.27.200; 8. Any flood prone area indicated by U.S. Soil Conservation Service soil survey data; and P. A buffer arca for a stream channel, lake, or pond or from thc edge of a wetland. (Ord. 2008 X16 § 1 (part), 2008). A. Designation: Fish and wildlife habitat conservation areas are those habitat areas — - - - outside of shoreline jurisdiction that meet any of the criteria listed below. 1. Areas with which state and federal endangered, threatened, and sensitive species have a primary association; 2. Habitats and species of local importance; 3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; 4. Waters of the state, including any required buffers and associated Federal Emergency Management Agency -mapped floodplains and floodways; 5. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; and 6. State natural area preserves, natural resource conservation areas, and state wildlife areas. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Normal, No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt 15.27.503 B. Habitat and habitats of local importance. 41. _ Habitats of local importance are habitats or cpecies that due to their declining with which a givcn cpccics has a primary association, and which, if altcrcd, may rcducc the. likelihood that the species will maintain and reproduce over the long term.All species and habitats identified by WDFW's Priority Habitats and Species program that may be found in the city of Yakima are designated as fish and wildlife habitat conservation areas and afforded protection under this chapter. 2. Species and habitats of local importance may be identified for protection under this chapter. State or local agencies, individuals or organizations may identify and nominate for consideration specific species and habitats, or a general habitat type, including streams, ponds or other features. Proponents shall have the burden of presenting evidence concerning the criteria set forth below. The nomination shall be processed once a year through the annual comprehensive plan amendment cycle. Aa4-. The decision for changes to species and habitats of local importance shall consider: ai. Concern due to population status; Sensitivity to habitat manipulation; siii. Importance to the local community; and div. Criteria used to identify state priority species, which include: State candidate species that are defined by WDFW Policy M-6001 to include fish and wildlife species that WDFW will review for possible listing as state endangered, threatened, or sensitive; i4b Vulnerable aggregations, which includes those species or groups of animals susceptible to significant population declines, within a specific area, by virtue of their inclination to aggregate; Species of recreational, commercial, and/or tribal importance that are vulnerable; and Livd-- The economic impact both positive and negative to the applicant's property or surrounding property. Economic impact is to be determined by a properly qualified individual or firm using industry standards. fib. Nominated habitats and habitats for species of local importance shall consider the following and must include maps to illustrate the proposal: ai. A seasonal range or habitat element which, if altered, may reduce the likelihood that the species will maintain or reproduce over the long term; Areas of high relative density or species richness, breeding habitat, winter range, and movement corridors; siii. Habitat with limited availability or high vulnerability to alteration; and The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arial, 11 pt, Not Bold div. Whether these habitats are already identified and protected under the provisions of this or other local ordinances or state or federal law. 3Gc. Habitat management recommendations shall be included for use in the administration of this section. G3. Development Standards. Projects located within habitats of local importance or within 200 feet of species of local importance as designated in subsection A -B.1 and B.2 of this section, shall mcct the standards bclow, rathcr than comply with the applicable development standards in YMC 15.27.508 through 15.27.521, unless review is also needed for a hydrologically related critical area. In addition, Pprojects shall be designated using management recommendations established for the species or habitat by federal and state agencies, or those adopted for species and habitats of local importance by the city of Yakima. The department shall consider the extent such recommendations are used in its decision on the proposal, and may consider recommendations and advice from agencies with expertise. (Ord. 2008-46 § 1 (part), 2008). 15.27.504 Functional properties. A. Streams, lakes, ponds and wctlandGAquatic fish and wildlife habitat conservation areas require a sufficient riparian area to support one or more of the following functional properties: 1. Stream bStabilizing banks and shore stabilization; 2. Providing a sufficient shade canopy to maintain water temperatures that support fish and their habitat; 3. Moderating the impact of stormwater runoff; 4. Filtering solids, nutrients and harmful substances; 5. Preventing surface erosion prcvcntion; 6. Providing and maintaining migratory corridors for wildlife; 7. Supporting a diversity of wildlife habitats; or 8. Allowing for the natural occurrence of woody debris and organic matter to collect in the aquatic environment. 15.27.505 Streams, lakes and pond'sWater typing system. For purposes of this chapter, the city of Yakima hereby adopts_ a stream, lake and pond typing system, for those features designated as critical areas in YMC 15.27.502 as follows: A. Type 1 watersstreamc are those waters, within their ordinary high water mark (OHWM), meeting the criteria as "shorelines of the state" and "shorelines of statewide significance" under RCW Chapter 90.58. Waters associated with Type 1 streams as defined in RCW Chapter 90.58 are not included; B. Type 2 waters streamG are those perennial, salmonid -bearing surface water features which require protection due to the nature of their contributions to the functional properties listed in YMC 15.27.504 and are considered "streams, lakes and/or ponds of local importance," as listed in Appendix B of this title; The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 C. Type 3 streams waters include all perennial non -salmonid bearing surface water features streams within the city of Yakima not classified as Type 1 or 2. (See YMC 15.27.200, "perennial stream"); D. Type 4 waters streams -are all non -fish -bearing intermittent streams surface water features within the city of Yakima not classified as Type 1, 2 or 3. (See YMC 15.27.200, "intermittent stream"); E. Type 5 streams waters are all ephemeral streams within the city of Yakima not classified as Type 1, 2, 3 or 4. Type 5 streams are not regulated as streamGfish and wildlife habitat conservation areas. (See YMC 15.27.200, "ephemeral stream"); and F. Lakes and Ponds. 1. Lakes and ponds not designated as a shoreline that receive water from the OHWM of a Type 2, 3, or 4 stream shall have the same surface water type as the highest stream type from which the lake or pond receives water. 2. Natural lakes and ponds, not designated as a shoreline, that do not receive water from the OHWM of a Type 1, 2, 3, or 4 stream shall be Type 3 ponds. 3. Lakes or ponds not designated as a shoreline that arc conncctcd to a Typc 1 stream chall be Type 1 ponds. (Ord. 2008 ,16 § 1 (part), 2008). A. Wetlands within the city of Yakima arc dcfincd in YMC 15.27.200 and arc shown on the - data maps referenced in YMC 15.27.507. Most, but not all, of the wetlands within the city of Yakima occur near streams. The functional properties for wetlands are identified in YMG 15.27.50,1 and 15.27.603. 8. For regulatory purposes, wetlands arc clas..ified into four categorics according to the - wetland rating system found in YMC 15.27.603(B). (Ord. 2008 ,16 § 1 (part), 2008). 15.27.507 Maps. Certain fish and wildlife habitat and hydrologically related criticalconservation areas have been inventoried and are depicted on a series of paper and electronic maps. The maps do not officially define the extent or characteristics of specific critical areas, but rather the potential physical boundaries and characteristics. Maps may be both regulatory and nonregulatory in nature as described below: 15.27.508 Prohibited uses. The following uses and activities are prohibited within a designated hydrologically related criticalfish and wildlife habitat conservation areas: The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 15.27.509 General policies and standards The following policies and standards shall apply to any development, construction, or use carried out within a designated hydrologically related critical areafish and wildlife conservation area: N. Development, construction, or uses within the hydrologically related criticalfish and wildlife conservation area shall be mitigated using mitigation sequencing as outlined in YMC 15.27.307; Article IV. - Buffer Requirements 15.27.510 Use classifications. For purposes of this section, the components of any development, construction, or uce requiring a critical area dcvclopmcnt authorization shall be clascificd as providcd below, and shall conform to thc dcvclopmcnt standards applicable to thc classification providcd in YMG 15.27.511 through 15.27.513: A. Water oriented uses are one of the following two categories of uses: 1. Water dependent uses include dams, water diversion facilities, marinas, boat launching facilities, water intakes and outfalls, aquaculture, log booming, stream and wetland crossings for roads and railroads, stream and wetland crossings for utilities, swimming beaches, fishing sites, in water or on land shore stabilization structures, livestock watering cites, and other uses that cannot exist in any other location and are dependent on the water by reason of the intrinsic naturc of thcir operations. This provision applies only to the specific portion of a projcct that is demonstrably dcpcndcnt upon thc water or shore. 2. A water related use is one not intrinsically dependent on a waterfront location but whose cconomic viability is cnhanccd by a waterfront location, cithcr because it requirco large quantities of water or because it provides services for water dcpcndcnt uses and the - proximity to its customers makes such cervices less expensive and/or more convenient. Examples would include thermal power plants, sewage treatment plants, water processing and tr atmcnt plants, support cervices for fich hatcheries or aquaculture, fly shops and boat rental chops. 8. Non water oriented uses include any use not qualifying as uses in subsection A of this ccction. (Ord. 2008 '16 § 1 (part), 2008). 15.27.511 Water dependent uses. The following provisions shall apply to water dependent uses: A. Structures shall be cluttered at locations on thc water's edge having thc I act impact to the surface water and chore. 8. Use areas and structures which require direct shore locations shall be located and constructed to minimize impacts to the shore area and the vegetative buffer specified in YMC 15.27.51'1. C. Use areas and structures requiring direct shore locations shall minimize any obstruction or impairment of normal public navigation of the surface watcr. (Ord. 2008 '16 § 1 (part), 2008). 15.27.512 Water related The following provisions shall apply to water related uses: The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 A. Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge as is possible and ctill precerve the escential or necessary relationchip with the surface water. 8. Structures and use areas shall not be located within the vegetative buffer specified in YMC 15.27.51'1 cxccpt whcrc existing development or thc requirements aceociatcd with thc use. make cuch a location unavoidable. (Ord. 2008'16 § 1 (part), 2008). 1 -547,5 -1 -3 -Non -water -oriented -uses The following provisions shall apply to non water oriented uses: A. Structures and use areas shall bc set back so as not to bc located within thc vcgctativc buffer specified in YMC 15.27.511. 8. Construction abutting thc vcgctativc buffer specified in YMC 15.27.511 shall bc designed and scheduled to ensure thcrc will not bc permanent damagc or loci of the vegetative buffer. (Ord. 2008 '16 § 1 (part), 2008). 15.27.5-14510 Vegetative buffers. The establishment of a vegetative buffer system is necessary to protect the functions and values of streams, lakes and ponds, and wetlands arc listed in (Tables 27.5 1 and 27.5 21. Buffers associated with wetlands are listed in YMC 15.27.604. A. Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes, and ponds, and from thc edge of the wctlandc. The width of the buffer shall be determined according to the strc\am or wctlandwater type. Buffer width may be reduced through an adjustment permit process (YMC 15.27.317) using one of the following methods-: 1. Where a legally established road or railway crosses a critical area buffer, the administrative official or designee may approve a modification of the minimum required buffer width to the waterward edge of the improved road if a study submitted by the applicant and prepared by a qualified professional demonstrates that the part of the buffer on the upland side of the road sought to be reduced: a. Does not provide additional protection of the waterbody; and b. Provides insignificant biological, geological or hydrological buffer functions relating to the waterward portion of the buffer adjacent to the waterbody. If the improved roadway corridor is wider than twenty feet, a study is not required. 2. Buffer averaging to improve stream protection may be permitted when all of the following conditions are met: a. The buffer has significant differences in characteristics that affect its habitat functions. b. The buffer is increased adjacent to the higher -functioning area of habitat or more sensitive portion of the stream and decreased adjacent to the lower -functioning or less sensitive portion as demonstrated by a critical areas report from a qualified professional. c. The total area of the buffer after averaging is equal to the area required without averaging. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 d. The buffer at its narrowest point is never less than three-quarters of the required width. 3. Buffer averaging to allow reasonable use of a parcel may be permitted when all of the following are met: a. There are no feasible alternatives to the site design that could be accomplished without buffer averaging. b. The averaged buffer will not result in degradation of the stream's functions and values as demonstrated by a critical areas report from a qualified professional. c. The total buffer area after averaging is equal to the area required without averaging. d. The buffer at its narrowest point is never less than three-quarters of the required width. However, the administrative official may not approve rcductions to the ctandard buffcr width& for wetlands that score mcdium (twenty through twenty cight points) or high (twenty nine. through thirty six points) for wetland habitat function, except where it can be shown that a particular wildlife cpecies' needs within the buffer can be met with a smaller buffer. 8. Type 1 streams, lakes, and pondswaters are protected by the shoreline master program and arc not part of this title. B. The minimum buffer widths listed in Tables 27.5-1 and 27.5 2 are the lowest possible buffer widths allowed by means of the adjustment process. Adjustments below the minimum buffer width must meet additional approval criteria as provided in YMC 15.27.317(C)(4). D. The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetative community within the buffer zone that is deemed adequate to protect the identified critical area. 1. If the vegetation is degraded, then revegetation may be considered with any adjustment to the buffer width. 2. Where the use is being intensified, a degraded buffer may be revegetated to maintain the standard width. Table 27.5-1 Steam Water Type Buffer Width—standardl(minimum adjustment) Type 1 shoreline streams, 4 -See Table 09.030-1 in YMC 17.09.030.P. lakes, and ponds Type 2 streams, lakes, and 751(25')/ 56.25' 100' s Type 3 streams (perennial), lakes, and 501(25')50'/(} pond& The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Steam Water Type Buffer Width—standardl(minimum adjustment) Type 4 and 5ctrcamc 251(15') (}25' (intermittent), lakes, and pends Type 5 streams (ephemeral} No buffer standards. Type 5 streams are not regulated as streams, but may be protected under geologically hazardous area, floodplain, stormwater, construction, grading or other development regulations. The administrative official may not approve reductions to the standard buffer widths for wetlands that score medium (twenty through twenty eight points) or high (twenty nine through thirty six points) for wetland habitat function, except where it can be shown that a particular wildlife species' needs within the buffer can be met with a smaller buffer. Table 27.5 2 Type -1 -Wet (standard/minimum) Typc 2 1111..41.Endc {standard/minimum} Typc 3 Wctlandc {standard/minimum} Typc A Wctlandc (standard/minimum) 200'/100' 150'/75' 100'/50' 50'/25' (Ord. 2008 ,16 § 1 (part), 2008). Article V. Land Modification Development Standards 15.27.515511 Roads, railroads, and parking. The following provisions shall apply to the location and construction of roads, railroads, and parking within a designated hydrologically related criticalfish and wildlife habitat conservation area: A. Roads and railroads shall not be located within a fish and wildlife habitat conservation area designatcd ctrcam cora .or cxcept where it is necessary to cross the corridor critical area or where existing development, topography, and other conditions preclude locations outside the stream corridorcritical area. 1. Construction of roadways across stream corridors shall be by the most direct route possible having the least impact to the fish and wildlife habitat conservation areastream corxi41er; 2. Roadways that must run parallel to streams or wetlands shall be along routes having the greatest possible distance from stream or wetland and the least impact; 3. Roadways within the fish and wildlife habitat conservation area or its buffer ctrcam corxidor-shall not hydrologically obstruct, cut off or isolate stream corridor features, unless it is clearly unavoidable; The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Left, Space After: 9 pt, Don't keep with 1 next J Formatted: Left, Space After: 9 pt Formatted: Space After: 9 pt Formatted: Space After: 9 pt Formatted: Space After: 9 pt, Don't keep with next B. Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to maintain grade or shall be transported outside the fish and wildlife habitat conservation areastream corridor; C. Necessary fill to elevate roadways shall not impede the normal flow of floodwaters or cause displacement that would increase the elevation of flood waters such that it would cause properties not in the floodplain to be flood -prone; D. Spoil, construction waste, and other debris shall not be used as road fill or buried within the fish and wildlife habitat conservation areastream corridor; K. Roads and bridges within floodways must meet the requirements of YMC 15.27.411(DG} and (G), unless an engineer can demonstrate another appropriate method. 15.27.5162 Utility transmission lines and facilities. The following provisions shall apply to the location, construction, and installation of utility transmission lines (such as those for wastewater, water, communication, natural gas) within a designated hydrologically rclatcd critical fish and wildlife habitat conservation area: 15.27.5173 Bank9here stabilization. The following provisions shall apply to chorc bank stabilization projects located outside of shoreline jurisdiction: A. ShoroBank stabilization projects shall be allowed only where there is evidence of erosion which clearly threatens existing property, structures, or facilities, and which stabilization will not jeopardize other upstream or downstream properties; B. Stabilization projects shall be developed under the supervision of, or in consultation with, agencies or professionals with appropriate expertise; C. Stabilization projects shall be confined to the minimum protective measures necessary to protect the threatened property; D. The use of fill to restore lost land may accompany stabilization work, provided the resultant shore bank does not extend beyond the new original ordinary high water mark, finished grades are consistent with abutting properties, a restoration plan is approved for the area, and the fill material is in compliance with YMC 15.27.519; E. Stabilization projects shall use design, material, and construction alternatives that do not require high or continuous maintenance, and which prevent or minimize the need for subsequent stabilization of the shore's other segments; F. Alternative Preferences. Vegetation, berms, bioengineering techniques, and other nonstructural alternatives which preserve the natural character of the shore bank shall be preferred over riprap, concrete revetments, bulkheads, breakwaters, and other structural stabilization, while riprap, rock or other natural materials shall be preferred over concrete revetments, bulkheads, breakwaters and other structural stabilization; G. Applications to construct or enlarge dikes or levees shall meet the requirements of YMC 15.27 Part Four15.27A111(C}; H. Revetments and bulkheads shall be no higher than necessary to protect and stabilize the shorobank: The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 I. Breakwaters shall be constructed of floating or open -pile designs rather than fill, riprap, or other solid construction methods; and J. All new flood control projects shall define maintenance responsibilities and a funding source for operations, maintenance and repairs for the life of the project. (Ord. 2008-46 § 1 (part), 2008). 15.27.5184 Dredging and excavation. The following provisions shall apply to dredging and excavation within a designated hydrologically rclatcd criticalaquatic fish and wildlife habitat conservation area outside of shoreline jurisdiction: E. Entries across shorc and wctland cdgcGAccess to accomplish dredging or excavation shall be confined to the minimum area necessary to gain entry and shall be confined to locations with the least potential for site disturbance and damage. G. Dredge spoils are also considered fill, and shall not be deposited within the ......_... waterbody except where such deposit is in accordance with approved procedures intended to preserve or enhance wildlife habitat, natural drainage, or other naturally occurring conditions. (Ord. 2008-46 § 1 (part), 2008). 15.27.5195 Filling. The following provisions shall apply to filling activities within a designated hydrologically related critical fish and wildlife habitat conservation area outside of shoreline jurisdiction: A. Fill within surface waters or wetlands shall be allowed only where necessary in conjunction with water -dependent uses or an approved rcclamation mitigation or restoration plan under YMC 15.27.307, 15.27.521 or approvcd compcncatory mitigation plan under YMC 15.27.60'1605. B. Fill for the purpose of increasing elevation may be permitted if it can be accomplished in a manner consistent with this chapter's policies. C. Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas having the least impact to the fish and wildlife habitat conservation areactrcam corridor. Other alternatives should be preferred over fill to elevate new homes in the floodplain, such as increasing foundation height or zero -rise methods such as piers, posts, columns, or other methods. G. Fill and finished surface material shall require low maintenance, provide high resistance to erosion, and prevent or control the migration of sediments and other material from the fill area to surrounding water, shore, and wctlandowaterbodies unless the Washington Department of Fish and Wildlife indicates other options are preferred. I. Fill should not obstruct, cut off, or isolate stream corridor featurecaquatic fish and wildlife habitat conservation areas. (Ord. 2008-46 § 1 (part), 2008). 15.27.52016 Commercial mining of gravel. The following provisions shall apply to the commercial mining of gravel within a designated hydrologically rclatcd critical fish and wildlife habitat conservation area outside of shoreline jurisdiction: The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 A. Prior to the authorization of a commercial gravel mining operation, the project proponent shall provide maps to scale which illustrate the following: 1. The extent to which gravel excavation and processing will affect or modify existing -fish and wildlife habitat conservation areasstream corridor fcaturcc, including existing riparian vegetation; B. Wherever feasible, the operations and any subsequent use or uses shall not cause permanent impairment or loss of floodwatcr storagc, wctland, or othcr strcam corridor featurcacritical area functions and values. Mitigation shall be provided consistent with YMC 15.27.307, 15.27.521, or 15.27.6045for the feature's replacement at equal value, except wetlands which shall be mitigated according to guidance in the Washington State Department of Ecology's Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated}. D. Except where authorized by the city of Yakima in consultation with the State Department of Fish and Wildlife and Department of Ecology, the following shall apply: 1. The excavation zone for the removal of gravels shall be located a minimum of one hundred feet upland from the ordinary high water mark (OHWM) of the strcam channcla waterbody. 15.27.52-1-17 Restorationelarnation. The following guidelines shall apply to the reclamation restoration of disturbed sites resulting from development activities within a designated hydrologically related criticaffish and wildlife habitat conservation area: B. Large-scale projects that extend over several months shall be phased to allow rcclamation restoration of areas where work or operations have been completed; C. Rcclamation Restoration shall be scheduled to address precipitation, meltwater runoff, the growing season, and other seasonal variables that influence restoration and recovery; E. Where existing development and construction prevent return of a site to its natural condition, sites may be finished to conditions comparable to surrounding properties provided suitable protective measures are used to prevent ctrcam corridor degradation of fish and wildlife habitat conservation areas. F. Cut -and -fill slopes shall be stabilized at, or at less than, the normal angle of repose for the materials involved and G. For the replacement or enhancement of vegetation within fish and wildlife habitat conservation areas and their wctlands and required vegetative buffers naturally occurring, native plant species shall be used ad H. In othcr parts of the strcam, naturally occurring, nativc plant spccics shall be uscd, unless a showing of good cause acceptable to the administrative official or designee is provided. Should good cause be shown, then self -maintaining or low -maintenance plant species compatible with the native vegetation shall be used in place of non-native and high -maintenance species. (Ord. 2008-46 § 1 (part), 2008). Part Six. Wetlands The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 15.27.601 Designating and mapping. A. Wetlands are all areas meeting the definition for wetlands as defined in YMC 15.27.200 following:Wetlands shall be delineated using the procedures outlines in the approved federal wetland delineation manual and applicable regional supplements. B. Wetlands are all areas meeting the definition of wetlands as defined in YMC 15.27.200 and are hereby designated critical areas which are subject to this chapter, except the following: 1. Irrigation systems that create an artificial wetland; and 2. Areas where changes in irrigation practices have caused wetland areas to dry up. gC. The approximate location and extent of wetlands are shown on maps maintained by the city of Yakima. These maps may include information from the National Wetlands Inventory produced by the U.S. Fish and Wildlife Service and are to be used as a guide for the city of Yakima. (Ord. 2008-46 § 1 (part), 2008). 15.27.602 Protection approach. Wetlands will be protected using the protection approach for hydrologically rclatcd critical ars\aofish and wildlife habitat conservation areas found in YMC 15.27.501. Wetlands and their functions will be protected using the standards found in Part Four. (Ord. 2008-46 § 1 (part), 2008). 15.27.603 Wetland functions and rating. B. Wetlands shall be rated based on categories that reflect the functions and values of each wetland and shall be based on the criteria provided in the,Washington State Wetland Rating System for Eastern Washington, revised August 200,1October 2014 (Ecology Publication No. 14-06-0300/1 06 15, or as revised) which are summarized below: 1. Category I wetlands are more sensitive to disturbance than most wetlands; relatively undisturbed; and contain ccological attributcs that arc difficult to rcplacc. Gcncrally, thcco city of Yakima. The following types of wetlands are classified as Category I: o. Wctlands scoring scvcnty points or morc (out of one hundred) in the Eastcrn Washington Wetland Rating System (EWWRS); b. Alkali wetlands; Formatted: Font: (Default) Arial, 11 pt, Italic c. Natural heritage wetlands (wetlands identified by Washington Department of Natural Rcsourccs Natural Hcritagc Program scicntists); and d. Bogs.those that 1) represent a unique or rare wetland type; or 2) are more sensitive to .- - - - disturbance than most wetlands; or 3) are relatively undisturbed and contain ecological attributes that are impossible to replace in a human lifetime; or 4) provide a high level of functions. Risk of any degradation to these wetlands must be avoided because their functions and values are too difficult to replace. Generally, these wetlands are not common and make up a small percentage of the wetlands in the region. 2. Category II wetlands are difficult but not impossible to replace and provide high levels of some functions. Category II wetlands include: The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Indent: Left: 0.28", Tab stops: 0.5", Left + 1 Not at 0.56" J a. Wetlands scoring between fifty one and sixty ninc points (out of one hundred) in the EWWRS; b. Unassociated vernal pools; and c. Forested wetlands.These wetlands occur more commonly than Category 1 wetlands, .- - - - but still need a relatively high level of protection. 3. Category III wetlands are often smaller, less diverse, and/or more isolated from other natural resources. Category III wetlands include: a. Wetlands with a moderate level of functions (scoring between thirty and fifty pointe} in the EWWRS; and b. Associated vernal pools.wetlands with a moderate level of functions and can often be .- - - - adequately replaced with a well-planned mitigation project. These wetlands generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. 4. Category IV wetlands have the lowest levels of functions, scoring less than thirty pointe in the EWWRS. Category IV wctlandc and are often heavily disturbed_ and arc wctlandc that should bc able to bc replaced. These are wetlands that should be able to be replaced and, in some cases, improved. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions and also need to be protected. C. Wetlands shall be rated as they exist on the day of project application submission. Information regarding the original condition of illegally modified wetlands that can-notcannot be discerned from aerial photographs or other reliable information sources shall use the highest appropriate points value within each missing data field of the Washington State Wetland Rating System for Eastern Washington: 2014 UpdateEWWRS rating sheet to complete the rating. (Ord. 2008-46 § 1 (part), 2008). 15.27.604 Wetland Buffers A. Buffer Requirements. The following buffer widths have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified professional using the Washington State Wetland Rating System for Eastern Washington: 2014 Update (Ecology Publication #14-06-030, or as revised). The adjacent land use intensity is assumed to be high. 1. For wetlands that score 5 points or more for habitat function, the buffers in Table 27.6-1 .- - - - can be used if both of the following criteria are met: a. A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other Priority Habitats as defined by the Washington State Department of Fish and Wildlife (http://wdfw.wa.gov/hab/phshabs.htm).` The corridor must be protected for the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, Table 27.6-1 may be used with the required measures in Table 27.6-2 alone. Formatted: Indent: Left: 0.28", Tab stops: 0.5", Left + 1 Not at 0.56" J Formatted: Indent: Left: 0.28", Tab stops: 0.5", Left + 1 Not at 0.56" J Formatted: Space After: 6 pt, Don't keep with next The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: List Paragraph, Indent: Left: 0.25", First line: 0", Space After: 6 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25", Don't keep with next, Tab stops: Not at 0.75" Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold b. The measures in Table 27.6-2 are implemented, where applicable, to minimize the impacts of the adjacent land uses. 2. For wetlands that score 3-4 habitat points, only the measures in Table 27.6-2 are required for the use of Table 27.6-1. 3. If an applicant chooses not to apply the mitigation measures in Table 27.6-2, or is unable to provide a protected corridor where available, then Table 27.6-3 shall be used. 4. The buffer widths in Table 27.6-1 and 27.6-3 assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. Table 27.6-1: Wetland Buffer Requirements if Table 27.6-2 is implemented and corridor provided Formatted fFormatted fit Formatted Table /4 Formatted ( Formatted ,',1111 Formatted //,'",'It Formatted Formatted aqi Formatted 1 iry1 i,4 Formatted '1,1 Formatted (i�'p' Formatted ,i, it Formatted Formatted Formatted j» i / [ Formatted i�'�'fi/', Formatted Formatted '"Ji d i t Formatted // � Formatted 11/ 1/ A The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted Table Formatted [ [15] Formatted ... [24] Formatted [25] Formatted -0 0 Formatted • Iti P \ Formatted tFormatted Formatted L''h ,0 Formatted P�'Pi Formatted Table Formatted Formatted Formatted Formatted Formatted dd' [27] Formatted [22] Formatted [29] Formatted ... [30] Formatted (...[28] Formatted ... [32] ... [33] ... [34] Formatted [35] Formatted [36] ... [37] ... [31] ... [38] [39] [40] [41] ... [42] ... [43] Formatted ... [44] Formatted [45] Formatted [46] Formatted ... [47] Formatted [...[48] Formatted ... [49] Buffer W dth (feet) based on habitat score Wetland Cate. o 3-4 5 6-7 8-9 Category 1: Based on 75 90 120 150 total score Category 1: Forested, 75 90 120 150 Category 1: Bogs and 190 Wetlands of High Conservation Value Category 1: Alkali, 150 Category II: Based on 75 -------�-- 90 120 150 total score, Category II: Vernal 150 Pool, Category II: Forested, 75 90 120 150 Category III (all) 60 90 120 150 Category IV (all) 40 Formatted fFormatted fit Formatted Table /4 Formatted ( Formatted ,',1111 Formatted //,'",'It Formatted Formatted aqi Formatted 1 iry1 i,4 Formatted '1,1 Formatted (i�'p' Formatted ,i, it Formatted Formatted Formatted j» i / [ Formatted i�'�'fi/', Formatted Formatted '"Ji d i t Formatted // � Formatted 11/ 1/ A The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted Table Formatted [ [15] Formatted ... 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[49] Table 27.6-2: 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 Category 1: Based on • If warranted, enhance existing buffer with native vegetation for • plantings adjacent to noise source For activities that generate relatively continuous, potentially Cate or 1: Forested disruptive noise, such as certain heavy industry or mining, establish an additional 10 -feet heavily vegetated buffer strip immediately adjacent to the outer wetland buffer. Toxic Runoff • Route all new, untreated runoff away from wetland while ensuring _ • wetland is not dewatered Establish covenants limiting use of pesticides within 150 -feet of • wetland Apply integrated pest management Stormwater • Retrofit stormwater detention and treatment for roads and existing Runoff 200 adjacent development Category II: Forested • Prevent channelized flow from lawns that directly enters the buffer • Use Low Intensity Development techniques Changes in • Infiltrate or treat, detain, and disperse into buffer new runoff from water regime 200 impervious surfaces and new lawns., Pets and • Use privacy fencing OR plan dense vegetation to delineate buffer human edge and to discourage disturbance using vegetation appropriate for disturbance the ecoregion • Place wetland and its buffer in a separate tract or protect with a conservation easement Dus • Use best management practices to control dust Formatted: Centered, Indent: Left: 0.31", Tab stops: Not at 0.75" Formatted:Indent: Left: 0.31", Tab stops: Not at 0.75" Formatted Table Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: List Paragraph, Indent: Left: -0.01", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" J Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: List Paragraph, Indent: Left: -0.01", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: List Paragraph, Indent: Left: -0.01", Bulleted l + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" J Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: List Paragraph, Indent: Left: -0.01", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" J Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arial, 11 pt, Not Bold \ +Formatted:Level: 1+ Aligt ned ged at: 0 25aragraph, n + nt: Indent 0Bulleted t at0.5 )I Formatted: Font: (Default) Arial, 11 pt, Not Bold Table 27.6-3: Wetland Buffer Requirements if Table 27.6-2 is NOT implemented and i1; `\ corridor NOT provided The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: List Paragraph, Indent: Left: -0.01", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" tFormatted: Font: (Default) Arial, 11 pt, Not Bold d d' `t Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: List Paragraph, Indent: Left: -0.01", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arial, Bold Formatted:Indent: Left: 0.31", Don't keep with next, Tab stops: Not at 0.75" l Formatted: Centered, Don't keep with next Formatted: Centered Formatted Table Buffer W dth (feet) based on habitat score Wetland Cate. o 3-4 5 6-7 8-9 Category 1: Based on 100 130 180 200 total score Cate or 1: Forested 100 130 180 200 Category 1: Bogs and 250 Wetlands of High Conservation Value Category 1: Alkali 200 Category II: Based on 100 — 130 — 180 — 200 — total score Category II: Vernal 200 Pool Category II: Forested 100 130 180 200 Category III (all) 80 130 180 200 Category IV (all) 50 The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: List Paragraph, Indent: Left: -0.01", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" tFormatted: Font: (Default) Arial, 11 pt, Not Bold d d' `t Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: List Paragraph, Indent: Left: -0.01", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arial, Bold Formatted:Indent: Left: 0.31", Don't keep with next, Tab stops: Not at 0.75" l Formatted: Centered, Don't keep with next Formatted: Centered Formatted Table 5. Increased Wetland Buffer Area Width. Buffer widths shall be increased on a case -by- - - - - case basis as determined by the administrative official when a larger buffer is necessary to protect wetland functions and values. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. This documentation shall include, but not be limited to, the following criteria; - a. The wetland is used by a state or federally listed plant or animal species, or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or, b. The adjacent land is susceptible to severe erosion, and erosion -control measures will not effectively prevent adverse wetland impacts; or c. The adjacent land has minimal vegetative cover or slopes greater than 30 percent., - -, , - 6. Buffer averaging to improve wetland protection may be permitted when all of the following conditions are met; a. The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a "dual -rated" wetland with a Category 1 area adiacent to a lower -rated area., b. The buffer is increased adjacent to the higher -functioning area of habitat or more - sensitive portion of the wetland and decreased adiacent to the lower -functioning or less - sensitive portion as demonstrated by a critical areas report from a qualified wetland professional` c. The total area of the buffer after averaging is equal to the area required without averaging, d. The buffer at its narrowest point is never less than either Y. 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` 7. Averaging to allow reasonable use of a parcel may be permitted when all of the following are met: a. There are no feasible alternatives to the site design that could be accomplished without buffer averaging, Formatted: List Paragraph, Indent: Left: 0.25", First line: 0", Space After: 6 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25", Don't keep with next, Tab stops: 0.5", Left + Not at 0.75" Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: List Paragraph, Indent: Left: 0.25", First line: 0", Space After: 6 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25", Don't keep with next, Tab stops: Not at 0.75" Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold b. The averaged buffer will not result in degradation of the wetland's functions and values as demonstrated by a critical areas report from a qualified wetland professional, - , - - c. The total buffer area of the buffer after averaging is equal to the area without averaging, Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold d. The buffer at its narrowest point is never less than either Y. 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. ,To facilitate long-range planning using a landscape approach, the Administrative Official .— - - - may identify and pre-assess wetlands using the rating system and establish appropriate wetland buffer widths for such wetlands. The Administrative Official will prepare maps of wetlands that have been pre -assessed in this manner. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Indent: Left: 0.5", First line: 0", Don't keep 1 with next J Formatted: Space After: 6 pt, Don't keep with next, 1 Tab stops: Not at 0.75" J Formatted: Font: (Default) Arial C. Measurement of Wetland Buffers. All buffers shall be measured perpendicular from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. Buffers must be fully vegetated in order to be included in buffer area calculations. Lawns, walkways, driveways, and other mowed or paved areas will not be considered buffers or included in buffer area calculations. D. Buffers on Mitigation Sites. All wetland mitigation sites shall have buffers consistent with the buffer requirements of this Chapter. Buffers shall be based on the expected or target category of the proposed wetland mitigation site. E. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this chapter, wetland buffers shall be retained in an undisturbed or enhanced condition. In the case of compensatory mitigation sites, removal of invasive non-native weeds is required for the duration of the mitigation bond, YMC § 15.27.605(I)(2)(a)(x)) _ - F. Impacts to Buffers. Requirements for the compensation for impacts to buffers are outlined - - in YMC § 15.27.605. G. .Overlapping Critical Area Buffers. If buffers for two contiguous critical areas overlap (such as buffers for a stream and a wetland), the wider buffer applies. H. [allowed Buffer Uses. The following uses may be allowed within a wetland buffer in - accordance with the review procedures of this Chapter, provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: 1. Conservation and Restoration Activities. Conservation or restoration activities aimed at .- - - - protecting the soil, water, vegetation, or wildlife. 2. Passive recreation. Passive recreation facilities designed and in accordance with an approved critical area report, including: a. Walkways and trails, provided that those pathways are limited to minor crossings having no adverse impact on water quality. They should be generally parallel to the perimeter of the wetland, located only in the outer twenty-five percent (25%) of the wetland buffer area, and located to avoid removal of significant trees. They should be limited to pervious surfaces no more than five (5) feet in width for pedestrian use only. Raised boardwalks utilizing non -treated pilings may be acceptable. b. Wildlife -viewing structures. 3. Educational and scientific research activities. 4. Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way, provided that the maintenance or repair does not increase the footprint or use of the facility or right-of-way. 5. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources. 6. Drilling for utilities/utility corridors under a buffer, with entrance/exit portals located completely outside of the wetland buffer boundary, provided that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: List Paragraph, Indent: Left: 0.25", First line: 0", Space After: 6 pt, Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1", Don't keep with next, Tab stops: 0.5", Left + Not at 0.75" whether the ground water connection to the wetland or percolation of surface water down through the soil column is disturbed. 7. Enhancement of a wetland buffer through the removal of non-native invasive plant species. Removal of invasive plant species shall be restricted to hand removal. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate for that species. Revegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species. 8. Repair and maintenance of non -conforming uses or structures, where legally established within the buffer, provided they do not increase their degree of nonconformity. I. ,Signs and Fencing of Wetlands and Buffers. 1. Temporary markers. The outerperimeter of the wetland buffer and the clearing limits t, identified by an approved permit or authorization shall be marked in the field with temporary "clearing limits" fencing in such a way as to ensure that no unauthorized intrusion will occur. The marking is subject to inspection by the Administrative Official prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place. 2. Permanent signs. As a condition of any permit or authorization issued pursuant to this chapter, the Administrative Official may require the applicant to install permanent signs along the boundary of a wetland or buffer. a. Permanent signs shall be made of an enamel -coated metal face and attached to a metal post or other non -treated material of equal durability. Signs must be posted at an interval of one (1) every 50 -feet, or one (1) per lot if the lot is less than 50 -feet wide, and must be maintained by the property owner in perpetuity. The signs shall be worded as follows or with alternative language approved by the Administrative Official: Protected Wetland Area Do Not Disturb Contact the City of Yakima Regarding Uses, Restrictions, and Opportunities for Stewardship .- - - - Formatted: Font: (Default) Arial Formatted: Space After: 6 pt, Don't keep with next, Tab stops: Not at 0.75" Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.25", Space After: 6 pt, Don't 1 keep with next, Tab stops: Not at 0.75" J Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: List Paragraph, Centered, Indent: Left: 0.94", Tab stops: Not at 0.75" b. :The provisions of Subsection (a) may be modified as necessary to assure protection of sensitive features or wildlife. 3. Fencing. a. The applicant shall be required to install a permanent fence around the wetland or buffer when domestic grazing animals are present or may be introduced on site. b. Fencing installed as part of a proposed activity, or as required in this Subsection, shall be designed so as not to interfere with species mitigation, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat.. 15.27.605 Compensatory mMitigation s. A. IVlitigation Seg_uencinq. Before impacting any wetland or its buffer, an applicant shall demonstrate that the following actions have been taken. Actions are listed in the order of preference: The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: List Paragraph, Centered, Indent: Left: 0.94", Don't keep with next, Tab stops: Not at 0.75" Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arial Formatted: Space After: 6 pt, Tab stops: 0.25", Left + Not at 0.5" 1. [avoid the impact altogether by not taking a certain action orparts of an action. 2. Minimize impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. 3. Rectify the impact by repairing, rehabilitating, or restoring the affected environment. 4. Reduce or eliminate the impact over time by preservation and maintenance operations. 5. .Compensate for the impact by replacing, enhancing, or providing substitute resources or environments. 6. Monitor the required compensation and take remedial or corrective measures when necessary. B. Requirements for Compensatory Mitigation: 1. .Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans—Version 1, (Ecology Publication #06-06-011b, Olympia, WA, March 2006 or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Publication #10-06-07, November 2010). 2. Mitigation ratios may also be determined using the credit/debit tool describe in "Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington: Final Report (Ecology Publication #11-06-045, August 2012), consistent with subsection H of this section, 3. pompensatinq for Lost or Affected Functions. Compensatory mitigation shall address the functions affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions. The goal shall be for the compensatory mitigation to provide similar wetland functions as those lost, except when either: a. The lost wetland provides minimal functions, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington state watershed assessment plan or protocol; or b. Out -of -kind replacement of wetland type or functions will best meet watershed goals formally identified by the City, such as replacement of historically diminished wetland types. C. [approaches to Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer functions shall rely on the approaches listed below. Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.25", Space After: 6 pt, Tab 1 stops: 0.25", Left + 0.75", Left + Not at 0.5" J Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Space After: 6 pt Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.25", Space After: 6 pt, Tab 1 stops: 0.75", Left + Not at 0.5" J Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.25", Space After: 6 pt Formatted: Font: (Default) Arial Formatted: List Paragraph, Indent: Left: 0.5", First line: 0", Space After: 6 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1", Tab stops: 0.75", Left + Not at 0.5" Formatted: Space After: 6 pt Formatted: Font: (Default) Arial / Formatted: Indent: Left: 0.25", Space After: 6 pt, Tab // stops: 0.75', Left + Not at 0.5" { Formatted: Font: (Default) Arial 1. Wetland mitigation banks. Credits from a certified wetland mitigation bank may be used,' to compensate for impacts located within the service area specified in the mitigation bank instrument. Use of credits from a wetland mitigation bank certified under Chapter 173-700 WAC is allowed if: a. The approval authority determines that it wouldprovide appropriate compensation for the proposed impacts; and b. The impact site is located in the service area of the bank. c. The proposed use of credits is consistent with the terms and conditions of the certified mitigation bank instrument. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Normal, Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) Arial Formatted: Normal, Indent: Left: 0.5", Space After: 6 pt, No bullets or numbering, Tab stops: 1", Left + Not at 0.5" Formatted: Font: (Default) Arial Formatted: Normal, Indent: Left: 0.5", No bullets or 1 numbering J Formatted: Font: (Default) Arial d. Replacement ratios forprojects using bank credits is consistent with replacement ratios specified in the certified mitigation bank instrument. 2. Jn-Lieu Fee Mitigation: Credits from an approved in-lieu-feeprogram may be used when all of the following apply: a. The approval authority determines that it wouldprovide environmentally — - - - appropriate compensation for the proposed impacts. b. The proposed use of credits is consistent with the terms and conditions of the approved in -lieu -fee program instrument. c. Projects using in -lieu -fee credits shall have debits associated with the proposed impacts calculated by the applicant's qualified wetland professional using the credit assessment method specified in the approved instrument for the in -lieu -fee program. d. The impacts are located within the service area specified in the approved in -lieu -fee instrument. 3. Permittee -responsible mitigation. In this situation, the permittee performs the mitigation after the permit is issued and is ultimately responsible for implementation and success of the mitigation. Permittee -responsible mitigation may occur at the site of the permitted impacts or at an off-site location within the same watershed. Permittee -responsible mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the approval authority's satisfaction that the proposed approach is ecologically preferable to use of a bank or ILF program, consistent with the criteria in this section. D. Types of Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer .— - - - functions shall rely on a type listed below in order of preference. A lower -preference form of mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the approval authority's satisfaction that all higher -ranked types of mitigation are not viable, consistent with the criteria in this section. 1. Restoration: The manipulation of the physical, chemical, or biological characteristics of .— - - a site with the goal of returning natural or historic functions to a former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into: a. Re-establishment: The manipulation of the physical, chemical, or biological _ characteristics of a site with the goal of returning natural or historic functions to a former wetland. Re-establishment results in a gain in wetland acres (and functions). Activities could include removing fill material, plugging ditches, or breaking drain tiles. b. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. 2. Establishment (Creation): The manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland on an upland or deepwater site where a wetland did not previously exist. Establishment results in a gain in wetland acres. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. ` - - - -- - - If a site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts, the approval authority may authorize creation of a wetland and buffer upon demonstration by the applicant's qualified wetland professional that: Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.5", Space After: 6 pt, Tab 1 stops: 1", Left + Not at 0.5" J Formatted: Font: (Default) Arial Formatted: Normal, Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.5", Space After: 6 pt, Tab 1 stops: 1", Left + Not at 0.5" J Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 6 pt Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.25", Space After: 6 pt, Tab 1 stops: 0.75", Left + Not at 0.5" J Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Normal, Indent: Left: 0.5", No bullets or numbering Formatted: Indent: Left: 0.5", Space After: 6 pt, Tab stops: 1", Left + Not at 0.5" Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial a. The hydrology and soil conditions at theproposed mitigation site are conducive for sustaining the proposed wetland and that creation of a wetland at the site will not likely cause hydrologic problems elsewhere; b. Pdjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer (e.g., due to the presence of invasive plants or noxious weeds, stormwater runoff, noise, light, or other impacts); and c. Theproposed wetland and buffer will eventually be self-sustaining with little or no — - - - lonq-term maintenance. 3. .Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, controlling non-native or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these activities. Applicants proposing to enhance wetlands or associated buffers shall demonstrate how the proposed enhancement will increase the wetland's/buffer's functions, how this increase in function will adequately compensate for the impacts, and how existing wetland functions at the mitigation site will be protected. 4. Protection/Maintenance (Preservation). Removing a threat to, or preventing the decline , - - of, wetland conditions by an action in or near a wetland. This includes the purchase of land or easements, or repairing water control structures or fences. This term also includes activities commonly associated with the term preservation. Preservation does not result in a gain of wetland acres. Permanent protection of a Category I or II wetland and associated buffer at risk of degradation can be used only if: a. The approval authority determines that the proposed preservation is the best — - - - mitigation option; b. The proposed preservation site is under threat of undesirable ecological change due Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Normal, Indent: Left: 0.5", No bullets or 1 numbering J Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.5", Space After: 6 pt, Tab stops: 1.25", Left + Not at 0.5" (Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Normal, Indent: Left: 0.5", No bullets or numbering to permitted, planned, or likely actions that will not be adequately mitigated under existing regulations; c. The area proposed for preservation is of high Quality or critical for the health of the watershed or basin due to its location. Some of the following features may be indicative of high-quality sites: i. Category I or II wetland rating (using the wetland rating system for wecternEastern`Washington) ii. Rare or irreplaceable wetland type (for example, bogs, mature forested wetlands, estuarine wetlands) or aquatic habitat that is rare or a limited resource in the area: iii. The presence of habitat for priority or locally important wildlife species; or , - provides biological and/or hydrological connectivity; iv. Provides biological and/or hydrological connectivity; v. Priority sites in an adopted watershed plan. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Indent: Left: 0.5", Space After: 6 pt, Tab 1 stops: 1", Left + Not at 0.5" J Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Normal, Indent: Left: 0.75", No bullets or 1 numbering J Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.75", Space After: 6 pt, Tab stops: 1.25", Left + Not at 0.5" Formatted: Font: (Default) Arial d. Permanent preservation of the wetland and buffer will beprovided through a - - conservation easement or tract held by an appropriate natural land resource manager, such as a land trust. e. The approval authority may approve other legal and administrative mechanisms in lieu of a conservation easement if it determines they are adequate to protect the site. f. Ratios for preservation in combination with other forms of mitigation generally range .— - from 10:1 to 20:1, as determined on a case-by-case basis, depending on the quality of the wetlands being impacted and the quality of the wetlands being preserved. Ratios for preservation as the sole means of mitigation generally start at 20:1. E. Location of Compensatory Mitigation. Compensatory mitigation actions shall generally be .— - conducted within the same sub -drainage basin and on the site of the alteration except when the applicant can— demonstrate that off-site mitigation is ecologically preferable. The following criteria will be evaluated when determining whether the proposal is ecologically preferable. When considering off-site mitigation, preference should be given to using alternative mitigation, such as a mitigation bank, an in -lieu -fee program, or advance mitigation. 1. There are no reasonable opportunities on site or within the sub -drainage basin (e.g., on-- - site options would require elimination of high -functioning upland habitat), or opportunities on site or within the sub -drainage basin do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts. Considerations should include: anticipated replacement ratios for wetland mitigation, buffer conditions and proposed widths, available water to maintain anticipated hydrogeomorphic classes of wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity); 2. On-site mitigation would require elimination of high-quality upland habitat. 3. Off-site mitigation has a greater likelihood of providingeq_ual or improved wetland functions than the altered wetland. 4. Off-site locations shall be in the same sub -drainage basin unless: a. Established watershed goals for water quality, flood storage or conveyance, .— - - - habitat, or other wetland functions have been established by the City and strongly justify location of mitigation at another site; or b. Credits from a state -certified wetland mitigation bank are used as compensation, and the use of credits is consistent with the terms of the certified bank instrument: Formatted: Normal, Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.5", Space After: 6 pt, Tab stops: 1", Left + Not at 0.5" (Formatted: Font: (Default) Arial Formatted: Space After: 6 pt Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.25", Space After: stops: 0.25", Left + Not at 0.5" Formatted: Font: (Default) Arial IFormatted: Font: (Default) Arial 6 pt, Tab Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial c. Fees are paid to an approved in -lieu fee program to compensate for the impacts. d. The design for the compensatory mitigation project needs to be appropriate for its location (i.e., position in the landscape). Therefore, compensatory mitigation should not result in the creation, restoration, or enhancement of an atypical wetland. F. `Timing of Compensatory Mitigation. 1. It is preferred that compensatoryinitigation projects be completed prior to activities that will disturb wetlands. At the least, 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. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Normal, Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.5", Space Afte stops: 1", Left + Not at 0.5" 'Formatted: Font: (Default) Arial 6 pt, Tab (Formatted: Font: (Default) Arial Formatted: Space After: 6 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted 2. The Administrator may authorize a one-time temporary delay in completing construction ---- Formattedd or installation of the compensatory mitigation when the applicant provides a written explanation from a qualified wetland professional as to the rationale for the delay. An Formatted appropriate rationale would include identification of the environmental conditions that could Formatted produce a high probability of failure or significant construction difficulties (e.g., project delay lapses past a fisheries window, or installing plants should be delayed until the dormant season to ensure greater survival of installed materials). The delay shall not create or 1;1- Formatted perpetuate hazardous conditions or environmental damage or degradation, and the delay 'I Formatted shall not be injurious to the health, safety, or general welfare of the public. The request for '' the temporary delay must include a written justification that documents the environmental ;% Formatted [ ... [51] [ ... [52] ... [53] //, Formatted Table ... [54] ... [56] [ ... [58] [ ... [59] constraints that preclude implementation of the compensatory mitigation plan. The ; - Formatted justification must be verified and approved by the City. 't,'' Formatted G. Wetland Mitigation Ratios: Category and Type Creation or Rehabilitation Enhancement` of Wetland, Re-establishment, - - - Category 1: Bog, Not considered Case by Case Case by Case Natural Heritage Site possible Category I: Mature 6:1 12:1 24:1 Forested Category I: Based on 4:1 8:1 16:1 functions 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 Ratios for rehabilitation and enhancement may be reduced when combined with 1:1 replacement through creation or re-establishment. See Table 1 b, `Wetland Mitigation in Washington State - Part 1: Agency Policies and Guidance --Version 1,,(Ecology Publication #06-06-01 la, Olympia, WA, March 2006 or as revised). See also Paragraph D.4 for more information on using preservation as compensation. H. .Credit/Debit Method. To more fully protect functions and values, and as an alternative to the mitigation ratios found in the joint guidance ;Wetland Mitigation in Washington State Parts 1 and II"(Ecology Publication #06 -06 -011a -b, Olympia, WA, March, 2006), the administrator may allow mitigation based on the "credit/debit" method developed by the Department of Ecology in ; in Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication #06-06-011b, Olympia, WA, March 2006 or as revised). a. The written report must contain, at a minimum: i. ,The name and contact information of the applicant; the name, qualifications, and contact information for the primary author(s) of the compensatory mitigation report; a description of the proposal; a summary of the impacts and proposed compensation concept; identification of all the local, state, and/or federal wetland -related permit(s) required for the proiect; and a vicinity map for the prosect. ii. Description of how the prosect design has been modified to avoid, minimize, or reduce adverse impacts to wetlands. iii. pescription of the existing wetland and buffer areas proposed to be impacted. Include acreage (or square footage), water regime, vegetation, soils, landscape position, surrounding lands uses, and functions. Also describe impacts in terms of acreage by Cowardin classification, hydrogeomorphic classification, and wetland rating, based on Wetland Ratings, YMC 15.27.603. iv. `Description of the compensatory mitigation site, including location and rationale for selection. Include an assessment of existing conditions: acreage (or square footage) of wetlands and uplands, water regime, sources of water, vegetation, soils, landscape position, surrounding land uses, and functions. - Estimate future conditions in this location if the compensation actions are NOT undertaken (i.e., how would this site progress through natural succession?). v. `Surface and subsurface hydrologic conditions, including an analysis of existing and proposed hydrologic regimes for enhanced, created, or restored compensatory mitigation areas. Include illustrations of how data for existing hydrologic conditions were used to determine the estimates of future hydrologic conditions vi. description of the proposed actions for compensation of wetland and upland areas affected by the proiect. Include overall goals of the proposed mitigation, including a description of the targeted functions, hydrogeomorphic classification, and categories of wetlands. vii. [a descrption of the proposed mitigation construction activities and timing of activities. viii. Performance standards (measurable standards for years post- installation) for upland and wetland communities, a monitoring schedule, and a maintenance schedule and actions proposed by year. ix. tk discussion of ongoing management practices that will protect wetlands _ - - after the development project has been implemented, including proposed monitoring and maintenance programs (for remaining wetlands and compensatory mitigation wetlands). x. bond estimate for the entire compensatory mitigation project, including the following elements: site preparation, plant materials, construction materials, installation oversight, maintenance twice per year for up to five (5) years, annual monitoring field work and reporting, and contingency actions for a maximum of the total required number of years for monitoring. xi. Proof of establishment of Notice on Title for the wetlands and buffers on the project site, including the compensatory mitigation areas. Formatted: Font: (Default) Arial, Italic Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial b. The scaled plan sheets for the compensatory mitigation must contain, at a minimum: _ - i. Surveyed edges of the existing wetland and buffers, proposed areas of wetland and/or buffer impacts, location of proposed wetland and/or buffer compensation actions. ii. Existing topography, ground -proofed, at two -foot contour intervals in the zone of - - the proposed compensation actions if any grading activity is proposed to create the compensation area(s). Also existing cross-sections of on-site wetland areas that are proposed to be impacted, and cross-section(s) (estimated one -foot intervals) for the proposed areas of wetland or buffer compensation. iii. Conditions expected from the proposed actions on site, including future hydrogeomorphic types, vegetation community types by dominant species (wetland and upland), and future water regimes. iv. Required wetland buffers for existing wetlands andproposed - compensation areas. Also, identify any zones where buffers are proposed to be reduced or enlarged outside of the standards identified in this Chapter. v. planting plan for the compensation area, including all species by proposed community type and water regime, size and type of plant material to be installed, spacing of plants, typical clustering patterns, total number of each species by community type, and timing of installation. 3. Buffer Mitigation Ratios. Impacts to buffers shall be mitigated at a minimum 1:1 ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development. 4. Protection of the Mitigation Site. The area where the mitigation occurred and any associated buffer shall be located in a critical area tract or a conservation easement consistent with YMC 15.27 Part six. 5. .Monitoring. Mitigation monitoring shall be required for a period necessary to establish - that performance standards have been met, but not for a period less than five years. If a scrub -shrub or forested vegetation community is proposed, monitoring may be required for ten years or more. The prosect mitigation plan shall include monitoring elements that ensure certainty of success for the project's natural resource values and functions. If the mitigation goals are not obtained within the initial five-year period, the applicant remains responsible for restoration of the natural resource values and functions until the mitigation goals agreed to in the mitigation plan are achieved. 6. [advance Mitigation. Mitigation for projects withpre-identified impacts to wetlands may - - be constructed in advance of the impacts if the mitigation is implemented according to federal rules, state policy on advance mitigation, and state water quality regulations consistent with Interagency Regulatory Guide: Advance Permittee -Responsible Mitigation (Ecology Publication #12-06-015, Olympia, WA, December 2012). _ 7. [alternative Mitigation Plans. The administrative official or designee ° o`may _ approve alternative wetland mitigation plans that are based on best available science, such as priority restoration plans that achieve restoration goals identified in the SMP. Alternative mitigation proposals must provide an equivalent or better level of protection of wetland functions and values than would be provided by the strict application of this chapter. The administrative official or designee Administrative Official shall consider the following for _ --- approval of an alternative mitigation proposal: Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial J Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted:Indent: Left: 0.25", Space After: 6 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 11 pt, Italic Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial a. The proposal uses a watershed approach consistent with Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Ecology Publication #10-06-07, November 2010). b. Creation or enhancement of a larger system of natural areas and open space is preferable to the preservation of many individual habitat areas. c. `Mitigation according to_,Section EYMC 15.27.605(ais not feasible due to site constraints such as parcel size, stream type, wetland category, or geologic hazards. d. There is clear potential for success of theproposed mitigation at theproposed mitigation site. e. The plan shall contain clear and measurable standards for achieving compliance with the specific provisions of the plan. A monitoring plan shall, at a minimum, meet the \\ Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 11 pt, Italic Formatted: Normal, Indent: Left: 0.5", Space After: 6 pt, No bullets or numbering, Tab stops: 0.75", Left + Not at 0.5" Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial provisions in Section JYMC 15.27.605(1 f. The plan shall be reviewed and approved as part of overall approval of the proposed use. g. wetland of a different type may be justified based on regional needs or functions and values; the replacement ratios may not be reduced or eliminated unless the reduction results in a preferred environmental alternative. h. Mitigation guarantees shall meet the minimum requirements as outlined in SectionYMC 15.27.,10.B.i.8605(1)2)4)(viii)) i. Qualified professionals in each of the critical areas addressed shall prepare the plan. j. The City may consult with agencies with expertise and jurisdiction over the critical areas during the review to assist with analysis and identification of appropriate performance measures that adequately safeguard critical areas. Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Projects that propose compensation for wetland acrcagc and/or functions arc subject to state - and federal regulations. Compensatory mitigation for alterations to wetlands shall provide for na net lose of wetland functions and values, and must bc consistent with thc mitigation plan requirements of YMC 15.27.31,1(M). The following documents were developed to assist applicants in mccting thc above requirements: A. Compensatory mitigation plans must be consistent with "Guidance on Wetland Mitigation in Washington State Part 2: Guidelines for Developing Wetland Mitigation Plans and Proposals" or District, and U.S. Environmental Protection Agency Region 10; Ecology Publication No. 0, 06 013B). 8. Compensatory mitigation application and ratios for mitigation of wetlands shall bc consistent with "Wetlands in Washington State Volume 2: Guidancc for Protccting and Department of Ecology. Publication No. 05 06 008). (Ord. 2008 ,16 § 1 (part), 2008). A. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: 1. The bank is certified under RCW Chapter 90.8,1 or WAC Chapter 173 700; The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 11 pt, Not Highlight Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial (Formatted: Font: (Default) Arial 2. The administrative official dctcrmincs that thc wetland mitigation bank can provide - appropriate compensation for thc authorized impacts; and 3. The proposed use of credits is consistent with the terms and conditions of the bank's certification. 8. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification. C. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service arca specified in thc bank's certification. In come cases, bank cervico functions. (Ord. 2008 '16 § 1 (part), 2008). Part Seven. Geologically Hazardous Areas 15.27.701 Mapping and designation. A. Geologically hazardous areas are areas that are susceptible to one or more of the following, based on WAC 365-190-080(4)(b) through (h): 1. Erosion hazards; 2. Landslide hazards, which include: a. Oversteepened slopes; b. Alluvial fan/flash flooding; c. Avalanche; and d. Stream Channel migration zones and stream undercutting; 3. Seismic hazards (referred to below as earthquake hazards); and 4. Volcanic hazards. C. The approximate location and extent of geologically hazardous areas are shown on the city's critical area map titled "Geologically Hazardous Areas of the City of Yakima." The following geologically hazardous areas have been mapped and classified using the criteria found in WAC 365-190-120080('l)(b) through (h}: 15.27.702 Geologically hazardous areas protection approach. The geologically hazardous areas protection approach can be met by following the guidelines below and by implementing the appropriate sections of the Building Code as adopted in YMC Title 11. A. Erosion Hazard Areas. Protection measures for erosion hazard areas will be accomplished by implementing the regulatory standards for erosion and drainage control required under YMC Title 11, building code. YMC Title 11 requirements can be met by the application of the Best Management Practices (BMPs) in the,Stormwater Management Manual for Eastern Washington Stormwatcr Manual (WDOEcology publication number 04-10-076, or most recent version) equivalent manual adopted by the city of Yakima; or any other approved manual deemed appropriate by the administrative official. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt, Italic D. Stream Undercutting Hazard Areas. Protection measures for stream undercutting hazard areas will be accomplished by critical areas review for flood hazards, and streamsrad shoreline jurisdiction. 15.27.703 Development review procedure for geologically hazardous areas. B. Developments that receive an affirmative determination of hazard by the administrative official under subsection A of this section must conduct a geologic hazard report as provided in YMC 15.27.315(C), which may be part of a geotechnical report required below. 1. If the geologic hazard report determines that no hazard exists or that the project area lies outside the hazard, then no geologic hazard review is needed. 2. The administrative official is authorized to waive further geologic hazard review for oversteepened slopes on the basis that the hazards identified by the geologic hazard report will be adequately mitigated through conditions applied to thc iscuancc of a grading or construction permit. Part Eight. Critical Aquifer Recharge Areas (CARA) 15.27.810 Maps and Reference Documentsping. A. Mapping Methodology. The CARA is depicted in the map titled "Critical Aquifer Recharge Areas of the City of Yakima" located within the city of Yakima's 2006 2017 Urban Area Comprehensive Plan 20252040. The CARA map was developed through a geographic information system (GIS) analysis using the methodology outlined in the Washington Department of Ecology ;Critical Aquifer Recharge Areas Guidance Document for thc Establishment of Critical Aquifer Recharge Arctic Ordinancco" ( Morgan 2005). The approximate location and extent of critical aquifer recharge areas are depicted on the above-mentioned map, and are to be used solely as a guide for the city. The CARA map estimates areas of moderate, high, and extreme susceptibility to contamination, as well as wellhead protection areas. In characterizing the hydrogeologic susceptibility of these recharge areas with regard to contamination, the following physical characteristics were utilized: B. Guidance Documents. The latest guidance documents shall be consulted when updating CARA maps: 1. U.S. Department of Agriculture Soil Survey: Jlttp://websoilsurvey.sc.egov. usda.qov/App/WebSoilSurvey.aspx` 2. Washington Department of Health Group A and B Maps: pttps://fortress.wa.govkloh/eh/maps/SWAP/index.html 3. Soil Survey of Yakima County Area, Washington (report only): Jlttp://nres.usda.gov/Internet/FSE MAN USCRI PTS/washington/yakimaWA1985/yakimaWA1 985-I. pdf 4. .City of Yakima Wellhead Protection Plan:.http://www.yakimacounty.us/669/City-of- Yakima-Wellhead-Protection-Plart 5. ,Hydrogeologic Framework of Sedimentary Deposits in Six Structural Basins, Yakima River Basin, Washington: http://pubs.usgs.gov/sir/2006/5116/pdf/sir20065116.pdf and Yakima Basin plate http://pubs.usgs.qov/sir/2006/5116/pdf/sir20065116 plate4.pdf The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt, Italic Formatted:Indent: Left: 0.25", Tab stops: Not at 0.5" Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial 15.27.820 Protection approach. A. Classification and Rating of Critical Aquifer Recharge Areas. To promote consistent application of the standards and requirements of this section, Critical Aquifer Recharge Areas within the City shall be rated or classified according to their characteristics, function and value, and/or their sensitivity to disturbance. 1. Critical Aquifer Recharge Areas Classification. Critical aquifer recharge areas are those areas with a critical recharging effect on aquifers used for potable water. Wellhead protection involves the management of activities that have a potential to degrade the quality of groundwater produced by a supply well. The City is classified into four wellhead protection zones that are based on proximity to and travel time of groundwater to Group A and Group B water source wells within the City limits, and are designated using guidance from the Washington Department of Health Wellhead Protection Program pursuant to Chapter 246-290 WAC. a. `Wellhead Protection Zone 1 represents the land area overlying the six-month .- - - - time -of -travel zone of any Group A water source well and/or land area overlying any Group B wellhead protection area. Formatted: Font: (Default) Arial, 11 pt Formatted: No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0.25", No bullets or numbering b. Wellhead Protection Zone 2 represents the land area that overlies the one-year time -of -travel zone of any Group A water source well, excluding the land area contained within Wellhead Protection Zone 1. c. Wellhead Protection Zone 3 represents the land area that overlies the five-year and ten-year time -of -travel zones of any Group A water source well, excluding the land area contained within Wellhead Protection Zones 1 or 2. d. Wellhead Protection Zone 4 represents all the remaining land area in the City not included in Wellhead Protection Zones 1, 2, or 3. 2, Classification of wellhead protection zones shall be determined in accordance with .- - - - the City's Wellhead Protection Plan and the Washington State Department of Health, Office of Drinking Water, Source Water Assessment Program (SWAP) Mapping Application, which designates time of travel and wellhead protection zones that correspond to Zones 1 through 4, noted in subsection 1 above. Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt B. Prohibited Activities in Wellhead Protection Zones. 1. Land uses or activities for new development or redevelopment that pose a significant hazard to the City's groundwater resources, resulting from storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances, shall be prohibited in Wellhead Protection Zones 1 and 2. These land uses and activities include, but are not limited to: a. .Large on-site sewage systems, as defined in WAC Chapter 246-272A; b. Hazardous liquid pipelines as defined in RCW Chapter 81.88; c. .Solid waste landfills or transfer stations, including hazardous or dangerous waste, municipal solid waste, special waste, wood waste, and inert and demolition waste: Formatted: Normal, Indent: Left: 0.25", No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Normal, Indent: Left: 0.25", No bullets or 1 numbering J Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt d. Liquidpetroleum refining, reprocessing, and storage; e. `Bulk storage facilities; f. Hard rock and sand and gravel mining, unless located within the mineral resource designation; q. The storage or distribution of gasoline treated with the additive methyl tertiary butyl ether; h. Hazardous waste treatment, storage, and disposal facilities except those defined - - under permit by rule for industrial wastewater treatment processes per WAC 173-303- 802(5)(a); i. .Chemical manufacturing, including but not limited to, organic and inorganic - chemicals, plastics and resins, pharmaceuticals, cleaning compounds, paints and lacquers, and agricultural chemicals; j. Dry cleaning establishments using the solvent perchloroethylene or similarly toxic - - compounds; k. Primary and secondary metal industries that manufacture, produce, smelt, or - - refine ferrous and nonferrous metals from molten materials; 1. Wood treatment facilities that allow any portion of the treatment process to occur - - over permeable surfaces (both natural and manmade); m. Mobile fleet fueling operations; Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt n. Class 1, Class 111, Class IV, and the following types of Class V wells: 5A7, 5F01, - - 5D03, 5F04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 as regulated under RCW Chapter 90.48 and WAC Chapters 173-200 and 173-218, as amended: o. Permanent dewatering of the aquifer for new projects and redevelopment; P. g. `Facilities that store, process, or dispose of radioactive substances; and Irrigation with graywater or reclaimed water. 2. Other land uses and activities that the City determines would pose a significant groundwater hazard to Group A and Group B groundwater supplies within the City limits, or would significantly reduce the recharge to aquifers currently or potentially used as a potable water source. C. Wellhead Protection Zone Performance Standards. 1. [activities may only be permitted in a critical aquifer recharge area if the applicant t can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the aquifer. 2. Any uses or activities which involve storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances shall comply with the following standards that apply to the wellhead protection zone in which they are The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted:Indent: Left: 0.25", No bullets or numbering, Tab stops: 0.5", Left Formatted: Normal, No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted:Indent: Left: 0.25", No bullets or numbering, Tab stops: 0.5", Left Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt located. Residential uses of hazardous materials or deleterious substances are exempt from the following standards. 3. If a property is located in more than one wellheadprotection zone, the Director of Community Developmentshall determine which standards shall apply based on an assessment evaluation of the risk posed by the facility or activity. The assessment evaluation shall include, but not be limited to:- (a) the location, type, and quantity of the hazardous materials or deleterious substances on the property; (b) the geographic and geologic characteristics of the site; and (c) the type and location of infiltration on the site. 4. Development within Wellhead Protection Zones 1 or 2, and any facility or activity - existing as ofadoption of this Title`within which hazardous materials or other deleterious substances are present, shall implement the following relevant performance standards: a. Secondary Containment. i. The owner or operator of any facility or activity shall provide secondary containment for hazardous materials or other deleterious substances in aggregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid or in quantities specified in the Yakima Fire Code, YMC Chapter 10.05, whichever is smaller. ii. `Hazardous materials stored in tanks that are subject to regulation by the Washington State Department of Ecology (Ecology) under WAC Chapter 173-360, Underground Storage Tank Regulations, are exempt from the secondary containment requirements of this section, provided that documentation is provided to demonstrate compliance with those regulations. b. Vehicle Fueling, Maintenance, and Storage Areas. Fleet and automotive service- - - - station fueling, equipment maintenance, and vehicle washing areas shall have a containment system for collecting and treating all runoff from such areas and preventing release of fuels, oils, lubricants, and other automotive fluids into soil, surface water, or groundwater. Appropriate emergency response equipment and spill kits shall be kept on-site during transfer, handling, treatment, use, production, recycling, or disposal of hazardous materials or other deleterious substances. Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt, Not Highlight Formatted: Font: (Default) Arial, 11 pt Formatted:Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted:Indent: Left: 0.75", No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt c. Loading and Unloading Areas. Secondary containment or equivalent Best Management Practices (BMPs), as approved by the Director of Public Works, shall be required at loading and unloading areas that store, handle, treat, use, produce, recycle, or dispose of hazardous materials or other deleterious substances in aggregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid. d. Stormwater Infiltration Systems. Design and construction of new stormwater infiltration systems must address site-specific risks of releases posed by all hazardous materials on-site. These risks may be mitigated by physical design means or equivalent BMPs in accordance with an approved Hazardous Materials Management Plan. Design and construction of said stormwater infiltration systems shall also be in accordance with YMC Chapter 7.83 and the latest edition of the Stormwater Management Manual for Eastern Washington, approved local equivalent, or another technical stormwater manual approved by Ecology, and shall be certified for compliance with the requirements of this The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted:Indent: Left: 0.5", No bullets or numbering, Tab stops: 0.75", Left (Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt J section by a professional engineer or engineering geologist registered in the State of Washington. e. The record and construction details of any well regulated under Chapter 173-160 WAC, Construction and Maintenance of Wells, and any well excluded per WAC 173- 160-010(2) that is constructed or decommissioned in Zones 1 and 2, shall be provided to the Department of Community Developmentwithin 60 days of well completion or decommissioning. f. Protection Standards During Construction. The following standards shall apply to construction activities occurring where construction vehicles will be refueled on-site and/or the quantity of hazardous materials that will be stored, dispensed, used, or handled on the construction site is in aggregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid, exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles. As part of the City's prosect permitting process, the City may require any or all of the following items: i. development agreement; ii. `Detailed monitoring and construction standards; iii. Designation of aperson on-site during operating hours who is responsible for supervising the use, storage, and handling of hazardous materials and who has appropriate knowledge and training to take mitigating actions necessary in the event of fire or spill; iv. Hazardous material storage, dispensing, refueling areas, and use and handling areas shall be provided with secondary containment adequate to contain the maximum release from the largest volume container of hazardous substances stored at the construction site; v. Practices andprocedures to ensure that hazardous materials left on-site when the site is unsupervised are inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on construction vehicles, or other techniques may be used if they will preclude access; vi. Practices and procedures to ensure that construction vehicles and stationary equipment that are found to be leaking fuel, hydraulic fluid, and/or other hazardous materials will be removed immediately or repaired on-site immediately. The vehicle or equipment may be repaired in place, provided the leakage is completely contained: vii. Practices and procedures to ensure that storage and dispensing of flammable and combustible liquids from tanks, containers, and tank trucks into the fuel and fluid reservoirs of construction vehicles or stationary equipment on the construction site are in accordance with the Yakima Fire Code, YMC Chapter 10.05; and viii. Practices andprocedures, and/or on-site materials adequate to ensure the - - immediate containment and cleanup of any release of hazardous substances stored at the construction site. On-site cleanup materials may suffice for smaller spills Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt whereas cleanup of larger spills may require a subcontract with a qualified cleanup contractor. Releases shall immediately be contained, cleaned up, and reported if required under state or federal law. Contaminated soil, water, and other materials shall be disposed of according to state and local requirements. q. Fill Materials. Fill material shall comply with the standards in YMC Chapter 7.82 - - - and the following: i. Fill material shall not contain concentrations of contaminants that exceed cleanup standards for soil specified in WAC 173-340-740, Model Toxics Control Act, regardless of whether all or part of the contamination is due to natural background levels at the fill source site. Where the detection limit (lower limit at which a chemical can be detected by a specified laboratory procedure) for a particular soil contaminant exceeds the cleanup standard for soil specified in WAC 173-340-740, the detection limit shall be the standard for fill material quality. ii. Fill materials in quantities greater than 10 cubic yards placed directly on or in _ - - the ground in excess of six months shall meet the following requirements: 1. [a fill material source statement shall be provided to the Department of .- - - - Community Developmentand shall be reviewed and accepted by the Department prior to stockpiling or grading imported fill materials at the site. The source statement shall be issued by a professional engineer, geologist, engineering geologist or hydrogeologist licensed in the State of Washington demonstrating the source's compliance with standards of the Model Toxics Control Act. The source statement shall be required for each different source location from which fill will be obtained. 2. [analytical results demonstrating that fill materials do not exceed cleanup _ - - standards specified in WAC 173-340-740 may be used in lieu of a fill material source statement, provided the regulated facility submits a sampling plan to, and which is approved by, the Director of Community Development` The regulated _ - facility must then adhere to the approved sampling plan, and maintain analytical data on-site and available for inspection for a minimum of five years from the date that the fill was accepted. iii. The Department of Community Developmentmay accept a fill material .- - - - source statement that does not include results of sampling and analysis of imported fill if it determines that adequate information is provided indicating that the source location is free of contamination. Such information may include, but is not limited to: 1. Results of field testing of earth materials to be imported to the site .- - - with instruments capable of detecting the presence of contaminants; or Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted:Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt 2. Results of previous sampling and analysis of earth materials to be imported to the site. iv. [a fill material source statement is not required if documents confirm that imported fill will be obtained from a Washington State Department of Transportation approved source. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted:Indent: Left: 0.75", No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted:Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted:Indent: Left: 0.75", No bullets or numbering v. The Director of Community Development shall have the authority to require corrective measures regarding noncompliant fill materials, including independent sampling and analysis, if the property owner or operator fails to accomplish such measures in a timely manner. The property owner or operator shall be responsible for any costs incurred by the City in the conduct of such activities. h. `Cathodic Protection Wells. Cathodic protection wells shall be constructed such that the following do not occur. i. Vertical cross -connection of aquifers normally separated by confining units; ii. IVligration of contaminated surface water along improperly sealed well borings or casings; iii. Introduction of electrolytes or related solutions into the subsurface; and iv. [any of the above conditions caused by improperly abandoned cathodic protection wells that are no longer in use. i. .Underground Hydraulic Elevator Cylinders. All underground hydraulic elevator pressure cylinders shall be encased in an outer plastic casing constructed of Schedule 40 or thicker -wall polyethylene or polyvinyl chloride pipe, or equivalent. The plastic casing shall be capped at the bottom, and all joints shall be solvent- or heat - welded to ensure water tightness. The neck of the plastic casing shall provide a means of inspection to monitor the annulus between the pressurized hydraulic elevator cylinder and the protective plastic casing. j. pest Management Practices (BMPs). All development or redevelopment - shall implement BMPs for water quality and quantity, as approved by the Director of Community Developmentsuch as biofiltration swales and use of oil -water separators, BMPs appropriate to the particular use proposed, clustered development, and limited impervious surfaces. 5. .Development within Wellhead Protection Zone 3 shall implement appropriate BMPs . - - - and comply with the performance standards for vehicle fueling, maintenance, and storage areas; loading and unloading areas; well construction and operation; fill materials; cathodic protection wells; and underground hydraulic elevator cylinders in applicable subsections in C.4 of this section. 6. Development within Wellhead Protection Zone 4 shall implement BMPs for water quality and quantity. Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0.5", No bullets or numbering, Tab stops: 0.75", Left Formatted: Indent: Left: 0.75", No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt 7. pm incremental environmental improvement to a systemprotective of groundwater shall not alter, expand, or intensify an existing legal nonconformance, but may proceed without having to meet the following City codes: a. Restrictions associated with critical areas and critical area buffers, if the — - - - footprint of the original system protective of groundwater is located within the same critical area buffer, and it can be demonstrated through BAS that there will be no significant adverse impacts to the critical area and its buffer; Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) Arial, 11 pt b. Pny requirement to bring all or any portion of the facility or the development it serves up to current building, fire, or land use codes that is triggered by the value or design of the incremental environmental improvement to a system protective of groundwater; and c. The incremental improvement shall not qualify as a redevelopment that would otherwise be prohibited by Title 15 YMC. A. Maps shall be used only as an informational resource to communicatc with applicants rcgarding potcntial problems in mccting thc applicable laws on a particular site. Thc maps indicate that areas of high susceptibility tend to be located in valley bottoms and follow along floodplain and stream corridors. Extreme susceptibility locations are located largely within floodplains and along streams and wetlands. 8. Land uses are subject to many cxicting federal, state, local, or tribal laws rcgarding thc coordination of existing laws during existing review processes can accomplish the requirement to protcct thc CARA. Consequently, thc city of Yakima's protcction of thc CARA shall be sections, especially the stream protcction standards in this chapter (Part Five, Fish and Wildlife Habitat and thc Strcam Corridor System); YMC Title 11, which provides detailed construction, use, and fire/life safety standards for thc storage and handling of dangerous and hazardous substances to a grcatcr cxtcnt than moot existing stats and federal laws. C. The administrative official shall develop and maintain a list of the relevant laws noted above. This list shall bc informational and it is intcndcd to bc used in coordination with development permit review. This list shall bc periodically reviewed and updated co as to provide - the most comprehensive list possible to inform project applicants of the requirements of other agencies. O. The administrative official shall also develop and maintain a table of land uses with thc potcntial of bcing subject to thc relevant laws notcd above. Thc table shall bc generated and maintained using the intent stated in YMC 15.27.800(D). E. Thc administrative official and water/irrigation managcr shall cooperatively develop questionnaires, to be filled out by new development permit applicants, which comprehensively establish thc potcntial use, storage, and handling methods within thc project for substances that have the potential to contaminate groundwater. The questionnaires are intended to ensure full application of existing building and construction codcs related to such substances in order to forestall new regulations. F. The administrative official and water/irrigation manager shall dcvclop technical assistance and information materials to assist landowners and developers with understanding and meeting relevant existing federal, state, and local laws relating to CARAs. (Ord. 2009 ,12 § 12, 2009: Ord. 2008 ,16 § 1 (part), 2008). The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt J APPENDIX B Designated Type 2 Stream Corridors The following stream reaches within Yakima County are designated critical areas under the City of Yakima's Critical Areas Ordinance: 1. Bachelor Creek: From source at Ahtanum Creek (SEC13-TWP12N-RGE16 EWM) downstream to its mouth at Ahtanum Creek (SEC1-TWP12N-RGE18E). 2. Cottonwood Canyon Creek: From the south line of SEC32-TWP13N-RGE17E, downstream to mouth at Wide Hollow Creek (SEC36-TWP13N-RGE17E). 3. Hatton Creek: From its source at Ahtanum Creek (SEC18-TWP12N-RGE17) downstream to its confluence with Ahtanum Creek (SEC18-TWP12N-RGE18E). 4. Wide Hollow Creek: From the east line of the SW1/4 of the NW1/4 (SEC28- TWP13N-RGE17E) downstream to the mouth at the Yakima River. 5. Cowiche Creek: that portion which is not designated Type 1. 6. Spring Creek and associated tributaries. YMC Title 17 SHORELINES 17.01.090 Definitions. "Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. The physical structure of a chorc bank stabilization structure shall not be considered fill. However, fill placed behind the structure is considered fill. Stream bed manipulation for irrigation diversions or restoration shall not be considered fill. Formatted: Heading 3 Formatted: Normal Formatted: Space After: 0 pt, Line spacing: single "Fish and wildlife habitat conservation" means land management for maintaining populations of — - - - species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term. Counties and cities should engage in cooperative planning and coordination to help assure long term population viability. Formatted: Space After: 0 pt "Fish and wildlife habitat conservation areas" are areas that serve a critical role in sustaining .— - - - needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. Counties and cities may also designate locally important habitats and species. Fish and wildlife habitat conservation areas does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company. "Habitats of local importance" are designated as fish and wildlife habitat conservation areas — - - - based on a finding by the city that they are locally important. "Hydrologically related critical areas (HRCA)" include all those areas identified in YMC 17.09.030(C) within the city of Yakima which arc important and dcscrving of protcction by nature of their value for the functional properties found in YMC 17.09.030(E). "Ordinary high water mark" (OHWM) means that mark on lakes and streams which 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 ordinary years, as to mark upon the soil or vegetation a character distinct from that of the abutting upland. Provided, that in any area where the ordinary high water line cannot be found, the ordinary high water line is the elevation of the mean annual flood. Formatted: Space After: 0 pt Formatted: Space After: 0 pt, Line spacing: single J Formatted: Space After: 0 pt, Line spacing: single J "Scour" means the removal of underwater material by waves and currents, especially at the .— - - - base or toe of a shore bank stabilization or other in -water structure. Formatted: Space After: 0 pt, Line spacing: single "Species of local importance" are those species that are of local concern due to their population - - - status or their sensitivity to habitat alteration or that are game species. 17.09.030(C). Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single "Vegetative buffer" or "buffer" means an area extending landward from the ordinary high water .— - - - mark of a lake or stream and/or from the edge of a wetland which is maintained or otherwise allowed to provide, under optimal conditions, adequate soil conditions and native vegetation for the performance of the basic functional properties of a fish and wildlife conservation areastream corridor, wetland and other hydrologically related critical areas as set forth in YMC 17.09.030(E) (Functional Properties) and YMC 17.09.040(D) (Wetland Functions and Rating). It is understood that optimal conditions do not always exist due to degradation of the vegetative buffer before establishment of this title, or due to colonization by nonnative species. Such conditions still provide functional properties, though at a lower level, depending on the difference from natural conditions. Formatted: Space After: 0 pt, Line spacing: single "Waters of the state" are all lakes, rivers, ponds, streams, inland waters, underground waters, .— - - - salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington. 17.07.040 Commercial and service development The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Line spacing: single Formatted: Normal D. If required by YMC 17.05.0,1017.05.050 commercial and community services uses shall be designed to facilitate public access to and enjoyment of nearby shoreline areas. 17.07.070 Industry. F. New or expanded industrial developments shall be required to make adequate provisions for public and private visual and physical shoreline access unless such a requirement would interfere with operations or create hazards to life or property or another exception is met consistent with YMC 17.05.0,1017.05.050. 17.07.110 Residential development. The following provisions apply to any development, construction, or use of land for residential purposes within shoreline jurisdiction. A. New multiunit development, plats or subdivisions containing land adjacent to publicly owned or controlled bodies of water shall allow for pedestrian access to such waterbodies for residents and the public consistent with YMC 17 05 0,1017 05 050 17.09.020 Flood hazard areas. FLOODWAY FRINGE USES J. Permitted Uses. The following uses are permitted in the floodway fringe areas: 1. Permitted Uses. Any use permitted in the zoning district in accordance with YMC Title 15 and in the environment designation in accordance with this title, unless prohibited by subsection K of this section; that said use is in compliance with the flood hazard protection standards of YMC 17.09.020(H) and other applicable provisions of this Title and will have a negligible effect upon the floodway in accordance with the floodway encroachment provisions of YMC 17.09.020(J)(2). 2. All new encroachments, including fill, new construction and other development, if certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted upland of the established floodway fringe, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; ti i 3. All new encroachments, including fill, new construction and other development a. The new encroachment is separated from the waterbody by an existing public t - _ _ roadway or legal development. b. The new encroachment is located in a residential zone with a density of greater than 1 unit per acre. Formatted: Normal Formatted: Space Before: 0 pt, After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0.5", Space After: 0 pt, Line spacing: single Formatted: Font: Arial, 11 pt, Formatted: Space After: 0 pt, Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Line spacing: single, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" 4. . Utility Transmission Lines. Utility transmission lines shall be permitted when consistent with YMC Title 15 and where not otherwise inconsistent with this section; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway fringe or special flood hazard area, such transmission line shall conform to the following: a. Electric transmission lines shall cross floodway fringe and special flood hazard — - - - areas by the most direct route feasible. When support towers must be located within floodway fringe or special flood hazard areas, they shall be placed to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed. b. Buried utility transmission lines transporting hazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet. Such burial depth shall be maintained within the floodway fringe or special flood hazard area to the maximum extent of potential channel migration as determined by hydrologic analyses. All such hydrologic analyses shall conform to requirements of YMC 17.05.060(C)(3)(c). c. Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features. d. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of nonhazardous materials. In such cases, applicants must demonstrate that line placement will have no appreciable effect upon flood depth, velocity or passage. Such lines shall be adequately protected from flood damage. e. Aboveground utility transmission line appurtenant structures, including valves, pumping stations or other control facilities, shall not be permitted in floodway fringe or special flood hazard areas except where no other alternative is available, or in the event a floodway fringe or special flood hazard location is environmentally preferable. This does not apply to domestic water and regional wastewater transmission pipes. In such instances, aboveground structures shall be located so that no appreciable effect upon flood depth, velocity or passage is created, and shall be adequately floodproofed. Formatted: Space After: 0 pt, Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 5. Any use permitted in the zoning district in accordance with YMC Title 15, unless prohibited by YMC 17.09.020(J)(1-4) above may be permitted if a Critical Areas Report is prepared by a qualified individual, in accordance with this Title, that addresses whether the encroachment would have an adverse impact on fish and wildlife and/or floodplain functions. K. Prohibited Uses. The following uses are prohibited in the floodway fringe areas: 1. Any structure, including manufactured homes and the expansion of manufactured home/parks, designed for or to be used for human habitation of a permanent nature (including temporary dwellings authorized by YMC 15.04.130 and 15.04.140) that does not meet the criteria in YMC 17.09.020(J)(1 5) cxpancion of manufacturcd homc/parks arc prohibitcd in floodway fringe areas. Formatted: Space After: 0 pt, Line spacing: single Formatted: Indent: Left: 0", Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Space After: 0 pt, Line spacing: single Formatted: Normal, Indent: Left: 0.38", Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers 2. Any new encroachments, including fill, new construction and other development, unless- - - - certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, English (United States), Formatted: Indent: Left: 0.38", Space After: 0 pt, Tab 1 stops: Not at 0.5" J practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted upland of the established floodway fringe, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway fringe, or result in any increase in flood levels during the occurrence of the base flood discharge; 3. Construction or reconstruction of residential structures within the designated floodway .— - - - fringe, except for: a. Repairs, reconstruction, or improvements to a structure which do not increase the t- - ground floor area; and b. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the assessed value of the structure either: 1. Before the repair, reconstruction or improvement is started; or •- - - - 2. If the structure has been damaged and is being restored, before the damage occurred. c. Work done on structures to correct existing violations of existing health, sanitary or — - - - safety codes, or to structures identified as historic places, shall not be included in the fifty percent. d. If subsection 2 of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Part Four. Formatted: Indent: Left: 0.38", Space After: 0 pt, Tab stops: Not at 0.5" Formatted: Indent: Left: 0.5", Space After: 0 pt, Tab 1 stops: Not at 0.5" J Formatted: Indent: Left: 0.75", Space After: 0 pt, Tab stops: Not at 0.5" FLOODWAY USES L. Permitted Uses. Permitted uses include any use permitted in the zoning district in accordance with YMC Title 15 and in the environment designation in accordance with this title; provided, that said use is in compliance with the flood hazard protection standards of subsections H and I of this section, YMC 17.05.060 and other applicable provisions of this title, and will have a negligible effect upon the floodway as certified by a registered professional engineer through hydrologic and hydraulic analysis performed in accordance with standard engineering practice. The analysis must demonstrate that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not: 1. Materially cause water to be diverted from the established floodway; 2. Cause erosion; 3. Obstruct the natural flow of water; 4. Reduce the carrying capacity of the floodway; or 5. Result in any increase in flood levels during the occurrence of the base flood discharge. M. Prohibited Uses. The following uses/developments are prohibited in the floodway: Formatted: Indent: Left: 0.5", Space After: 0 pt, Tab 1 stops: Not at 0.5" J Formatted: Indent: Left: 0.38", Space After: 0 pt, Line spacing: single Formatted: Space Before: 0 pt, After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single J Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single 1. Any structure, including manufactured homes, designed for or to be used for human .— - - - habitation of a permanent nature (including temporary dwellings authorized by YMC 15.04.130 and 15.04.140); The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Line spacing: single 2. Any encroachments, including fill, new construction and other development unless demonstrated by a registered professional engineer through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; 3. Aboveground utility transmission line appurtenant structures, including valves, pumping stations, or other control facilities, shall not be permitted in the floodway, except for domestic water and regional wastewater facilities where necessary; Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single J 4. Where a floodway has not been determined by preliminary Corps of Engineers' - - - investigations or official designation, a floodway shall be defined by qualified engineering work by the applicant on the basis of a verified one -hundred -year flood event; Formatted: Space After: 0 pt, Line spacing: single 5. Construction or reconstruction of residential structures within designated floodways, — - - - except as allowed under Chapter 17.11 YMC; Formatted: Space After: 0 pt, Line spacing: single 6. The construction or storage of any object subject to flotation or movement during flood - - - level periods; 7. The following uses, due to their high degree of incompatibility with the purpose of establishing and maintaining a functional floodway, are specifically prohibited: a. The filling of wetlands, except as authorized under YMC 17.09.030, Fish and wildlife habitat and the stream corridor system, and YMC 17.09.040, Wetlands; b. Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and/or materials; and c. Damming or relocation of any watercourse that will result in any downstream increase in flood levels during the occurrence of the base flood discharge (see YMC 17.09.030(J)). Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single 8. The listing of prohibited uses in this section shall not be construed to alter the general .- - - - rule of statutory construction that any use not permitted is prohibited. Formatted: Space After: 0 pt, Line spacing: single N. Nonconforming Uses and Structures. Existing structures and uses within the special flood .— - - - hazard areas established by this section or amendments thereto, which were lawful before these sections were adopted or amended, but which would be prohibited, or restricted under the terms of this section or future amendment, are governed under Chapter 17.11 YMC. R. Permit—Application. All persons applying for a flood hazard permit shall submit a written application, accompanied by an application fee as specified in YMC Title , using the forms supplied. The application shall not be considered complete until the following minimum information is provided as identified below and in YMC 4-5,1-14)5015.11.040: 17.09.030 Fish and wildlife habitat and th^ stream corridor cyctcmconservation areas. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Normal A. Purpose and Intent. .- - - ar as, ctr ams, lakes, ponds, and wetlands and is part of a fragile and highly complex Policies and standards to help conserve and protect fish and wildlife habitat conservation areas are designed to accomplish the following: Formatted: Space After: 0 pt, Line spacing: single 1. Meet the requirements of the Shoreline Management Act (Chapter 90.58 RCW) .- - - - regarding information available, best available science that is applicable to the issues of concern; 2. Follow the requirements pursuant to flood resistant construction in the adopted building code; 3. Provide a zero net loss of natural wetland functions and values; 4. Provi c pocs+ble-Require consideration of alternatives for necessary development, construction, and uses within a decignated stream corridor and othcr hydrologically related critical areacfish and wildlife habitat conservation areas; 53. Prevent decline in the quantity and quality of surface and subsurface waters; 64. Conserve, restore, and protect fish and wildlife habitats, vegetation, and ecological relationships; 7-5. Protect sensitive areas of the ctream corridor fish and wildlife habitat conservation areas from the potential negative effects of development through coordinated land use planning; and, 86. Provide protection of natural wetland functions and valuecProtect fish and wildlife habitat conservation areas through voluntary agreements or government incentives.d through coordinated land use planning. Formatted: Space After: 0 pt, Line spacing: single B. Protection Approach. - - - 1. To maintain fish and wildlife habitat, there must be adequate environmental conditions for reproduction, foraging, resting, cover, and dispersal of animals. Factors affecting both habitat and its quality include the presence of essential resources such as food, water, coverscct b ilding matcrialc and lack of disturbance and diseases. The city of Yakima protects fish and wildlife habitat through: a. conservation areas; and b. - - - - - Application of development standards based on best available science to proposed activity and development in or near fish and wildlife habitat conservation areas. 2. The City of Yakima's approach to protecting threatened, endangered, and sensitive. species habitat is by using the protection approach sections of this chapter. Designation of fish and wildlife habitat DESIGNATION AND MAPPING Formatted: Space After: 0 pt, Line spacing: single C. Hydrologically Related Critical Arca Features. Strcam corridors and othcr hydrologically - - _ Designation: Fish and wildlife habitat conservation areas are those habitat areas that meet any of the criteria listed below: 1. Areas with which state and federal endangered, threatened, and sensitive species .- - - - have a primary association; 2. Habitats and species of local importance; 3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; Formatted: Space Before: 0 pt, After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Indent: Left: 0.38", Space Before: 0 pt, After: 0 pt, Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 4. Waters of the state, including any required buffers and associated Federal Emergency Management Agency -mapped floodplains and floodways; 5. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; and 6. State natural area preserves, natural resource conservation areas, and state wildlife areas. Federal Emergency Management Agency (FEMA), as idcntificd in thc flood insurance, study or corresponding maps, is hereby adopted by reference and declared to be part of this chapter; 2. Perennial and intermittent streams, excluding ephemeral ctr ams, including the stream main channel and all secondary channels within thc ordinary high water mark; 3. Naturally occurring ponds under twenty acres and associated submerged aquatic beds; and manmade lakes and ponds created within a stream channel; 4. All wetlands as defined in YMC 17.01.090; 5. Any flood prone area indicated by U.S. Soil Conservation Service soil survey data; ald 6. A buffer area for a stream channel, lake, or pond or from the edge of a wetland. D. Habitat and Habitats of Local Importance. 1. Habitats of local importance arc habitats or species that duc to thcir declining population, sensitivity to habitat manipulation or other values make them important on a local Icvcl. Habitats of local importance may include a seasonal range or habitat clement with which a given species has a primary as ociation, and which, if altered, may reduce All species and habitats identified by WDFW's Priority Habitats and Species program that may be found in the city of Yakima are designated as fish and wildlife habitat conservation areas and afforded protection under this chapter. Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single 3. Development Standards. Projects located within habitats of local importance, or within - - - 200 feet of species of local importance, as designated in subsection (D)(1) of this section, shall meet the standards below, rather than comply with the applicable development standards in subsections I through P of this section, unless review is also needed for a . In addition, pProiects shall be designated using management recommendations established for the species or habitat by federal and state agencies, or those adopted for species and habitats of local importance by the city of Yakima. The department shall consider the extent such recommendations are used in its decision on the proposal, and may consider recommendations and advice from agencies with expertise. E. Functional Properties. 1. -. - - 'e Aquatic fish and wildlife habitat conservation areas require a sufficient riparian area to support one or more of the following functional properties: a. Stream Stabilizing banksbank and shore stabilization; b. Providing a sufficient shade canopy to maintain water temperatures that support fish and their habitat; The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single J c. Moderating the impact of stormwater runoff; d. Filtering solids, nutrients and harmful substances; e. Preventing.Ssurface erosion tion; f. Providing and maintaining migratory corridors for wildlife; q. Providing food in the form of various insects and other benthic macroinvertebrates; h. Supporting a diversity of wildlife habitats; or i. Allowing for the natural occurrence of woody debris and organic matter to collect in the aquatic environment. F. Streams, Lakcs and PondGWater Typing System. For purposes of this chapter, the city of .- - - - Yakima hereby adopts a stream, lake and pond typing system for those features designated as critical areas in subsection C of this section as follows: 1. Type 1 streams waters are those waters, within their ordinary high water mark (OHWM), meeting the criteria as "shorelines of the state" and "shorelines of statewide significance" under Chapter 90.58 RCW. Other waters associated with Type 1 waters are not considered Type 1 waters; Formatted: Space After: 0 pt, Line spacing: single J 2. Type 2 streams waters are those surface water features which require protection due .- - - - to the nature of their contributions to the functional properties listed in subsection E of this section and are considered "streams, lakes and/or ponds of local importance," as listed in Appendix B of this title. Formatted: Indent: Left: 0.38", Space After: 0 pt, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers 3. Type 3 waters streams include all perennial non -salmonid -bearing streams within the .- - - - city of Yakima not classified as Type 1 or 2 (see YMC 17.01.090 "perennial stream"); Formatted: Space After: 0 pt, Line spacing: single 4. Type 4 streams .are all non -fish -bearing intermittent streams within the city of Yakima .- - - - not classified as Type 1, 2 or 3 (see YMC 17.01.090 "intermittent stream"); Formatted: Space After: 0 pt, Line spacing: single 5. Type 5 waters streams are all ephemeral streams within the city of Yakima not - - - classified as Type 1, 2, 3 or 4. Type 5 streams are not regulated as streams (see YMC 17.01.090 "ephemeral stream"); and 6. Lakes and Ponds. a. Lakes and ponds not designated as a shoreline that receive water from of the OHWM of a Type 2, 3, or 4 stream shall have the same surface water type as the highest stream type from which the lake or pond receives water. b. Natural lakes and ponds, not designated as a shoreline, that do not receive water from of the OHWM of a Type 1, 2, 3, or 4 stream shall be Type 3 ponds. c. Lakes or ponds not designated as a shoreline that are connected to a Type 1 stream shall be Type 2 ponds. G. Wetland Rating System. 1. Wetlands within the city of Yakima arc defined in YMC 17.01.090 and arc shown on the data maps referenced in subsection H of this section. 2. For regulatory purpoccs, wetlands arc claccificd into four categories according to the, wetland rating system found in YMC 17.09.0,10(D)(2). Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single H. Maps. Certain fish and wildlife habitat -- -- onservation areas ---- have been inventoried and are depicted on a series of paper and electronic maps. The maps do not officially define the extent or characteristics of specific critical areas, but rather the potential The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Line spacing: single physical boundaries and characteristics. Maps may be both regulatory and nonregulatory in nature as described below: 1. Regulatory maps include any floodway or floodplain identified as a special flood hazard area by the Federal Emergency Management Agency (FEMA) as identified in the flood insurance studies (FIRMs). Formatted: Space After: 0 pt, Line spacing: single 2. Informational maps indicate the approximate presence, location and/or typing of the .- - - - potential critical area. Informational maps include, but are not limited to, the following: a. Wetlands; b. Streams; c. Channel migration zone; and d. Species and habitats of local importance. Note: This map will be generated at such a time when the city of Yakima formally adopts a species or habitat of local importance. 3. Other nonregulatory information sources include maps or other data sources, but are not limited to: a. Comprehensive flood hazard management plans; b. Soil survey of the city of Yakima; c. Surface geologic maps; d. Historic and current aerial photo series; and e. Geohydraulic studies—geologic cross-sections showing aquifers and confining units. GENERAL DEVELOPMENT STANDARDS I. Prohibited Uses. The following uses and activities are prohibited within a designated hydrologically related criticaffish and wildlife habitat conservation area: 1. Storage, handling, and disposal of material or substances that are dangerous or hazardous with respect to water quality and life safety; 2. The placement of mining tailings, spoilage, and mining waste materials, except for that associated with the mining of gravel; 3. The draining or filling of a wetland, lake or pond, except as provided for in YMC 17.07.060(B); 4. The removal and transport of material for fill outside of the stream corridor; 5. Site runoff storage ponds, holding tanks and ponds, and other similar waste disposal facilities. Note: This provision does not include regional wastewater plant facilities, collection pipes, septic systems approved by a local or state agency, and other related facilities; 6. Solid waste disposal sites; 7. Automobile wrecking yards; 8. Fill for the sole purpose of increasing land area within the stream corridor; 9. Uses located within the floodway fringe that are listed in YMC 17.09.020(K); and 10. Uses located within the floodway that are listed in YMC 17.09.020(M). Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space Before: 0 pt, After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single J. General Policies and Standards. The following policies and standards shall apply to any .- - - - development, construction, or use carried out within a designated hydrologically related critical area: The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Line spacing: single 1. The ordinary high water mark of a stream or lake, and the edge of a wetland, shall be — - - - marked on the ground before any development, construction, or use is initiated; 2. Existing vegetation and any vegetative species pertinent to the critical area identified on the prosect site within the stream corridor shall only be disturbed to the minimum extent possible; 3. Nesting areas and other sensitive habitat identified within a stream corridor shall be disturbed to the minimum extent possible; 4. Projects within the stream corridor shall be scheduled to occur at times and during seasons having the least impact to spawning, nesting, or other sensitive wildlife activities. Scheduling recommendations from the appropriate state and/or federal agency may be considered; 5. The following measures are incorporated into stormwater permits approved by a local, state or federal agency and transportation projects using the Stormwater Management Manual for Eastern Washington. Developments that do not require a stormwater permit shall also incorporate the following elements into prosect design: a. Excavation, grading, cut/fills, compaction, and other modifications which contribute to erosion of soils shall be confined to the minimum necessary to complete the authorized work and avoid increased sediment load; b. The removal of ground -cover vegetation, excavation, and grading shall be scheduled for periods when soils are the least vulnerable to erosion, compaction and movement unless suitable protective measures are used to prevent erosion; c. Increases in impervious surface area, compaction of soil, changes in topography, and other modifications of land within a stream corridor shall provide on-site facilities for detention, control, and filtration if potential increases have been identified to occur; d. The discharge point for controlled stormwater runoff shall be designed and constructed to avoid erosion; and e. Matting or approved temporary ground cover shall be used to control erosion until natural vegetative ground cover is successfully established; 6. Prior to the approval of development, construction, or uses within a designated stream corridor, any existing source of biochemical or thermal degradation identified as originating on the prosect property shall be corrected; 7. Facilities which use fertilizers, pesticides or herbicides shall use landscaping, low-risk products, application schedules, and other protective methodology to minimize the surface and subsurface transfer of biochemical materials into the stream corridor; 8. Modifications to natural channel gradient, channel morphology, drainage patterns, and other stream features shall not permanently alter or obstruct the natural volume or flow of surface waters; 9. Development, construction, or uses within the stream corridor shall not alter or divert flood flows, cause channel shift, erosion, and increase or accelerate the flooding of upstream or downstream flood hazard areas; 10. Structures placed in close proximity to the outer edge of bends in stream channels shall be located to minimize the hazard from stream undercutting and stream bank erosion stemming from potential future stream migration; 11. The Department of Ecology and adjacent communities shall be notified prior to any alteration or relocation of a watercourse and evidence of such notification shall be submitted to the Federal Emergency Management Agency; 12. Maintenance shall be provided for the altered or relocated portion of said watercourse so that the flood -carrying capacity is not diminished; 13. Development shall not obstruct, cut off, or isolate stream corridor features; The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Line spacing: single 14. Nothing in these regulations shall constitute authority of any person to trespass or in any way infringe upon the rights of private ownership; 15. Projects located within the floodway must meet the requirements of YMC 17.09.020(L); and 16. Any portion of the vegetative buffer temporarily damaged or disturbed as a result of construction activities (excluding approved permanent use areas) shall be repaired at the completion of construction using the reclamation found in subsection Q of this section. WATER DEPENDENCY DEVELOPMENT STANDARDS AND BUFFER REQUIREMENTS K. Use Classifications. For purposes of this section, the components of any development, construction, or use requiring a critical area development authorization shall be classified as provided below, and shall conform to the development standards applicable to the classification provided in subsections L through 0 of this section: 1. Water -oriented uses are one of the following three categories of uses, as defined in YMC 17.01.090: water -dependent, water -related, or water -enjoyment, ora combination of such uses. 2. Nonwater-oriented uses include any use not qualifying as uses in subsection (K)(1) of this section. L. Water -Dependent Uses. The following provisions shall apply to water -dependent uses: 1. Structures shall be clustered at locations on the water's edge having the least impact to the surface water and shore. 2. Use areas and structures which require direct shore locations shall be located and constructed to minimize impacts to the shore area and the vegetative buffer specified in subsection P of this section. 3. Use areas and structures requiring direct shore locations shall minimize any obstruction or impairment of normal public navigation of the surface water. M. Water -Related Uses. The following provisions shall apply to water -related uses: 1. Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge as is possible and still preserve the essential or necessary relationship with the surface water. 2. Structures and use areas shall not be located within the vegetative buffer specified in subsection P of this section except where existing development or the requirements associated with the use make such a location unavoidable. N. Water -Enjoyment Uses. The following provisions shall apply to water -enjoyment uses: 1. Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge as is possible and still preserve the essential or necessary relationship with the surface water. 2. Structures and use areas may be located within the vegetative buffer specified in subsection P of this section; provided, that the location and construction shall be conducted to minimize impacts to the shore area and the vegetative buffer. Formatted: Space Before: 0 pt, After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single O. Nonwater-Oriented Uses. The following provisions shall apply to nonwater-oriented uses: — - - - 1. Structures and use areas shall be set back so as not to be located within the vegetative buffer specified in subsection P of this section. 2. Construction abutting the vegetative buffer specified in subsection P of this section shall be designed and scheduled to ensure there will not be permanent damage or loss of the vegetative buffer. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Line spacing: single J P. Vegetative Buffers. The establishment of a vegetative buffer system is necessary to protect .- - - - the functions and values of certain hydrologically related critical areas. Standard and minimum buffers for streams, lakes, and ponds ( are listed in Table 09.030-1)- See YMC 17.09.040 for wetland buffer regulations. 1. Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes, and ponds. The width of the buffer shall be determined according to the stream water type. 2. The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetative community within the buffer zone that is deemed adequate to protect the identified critical area. a. If the vegetation is degraded, then revegetation may be considered with any adjustment to the buffer width. b. Where the use is being intensified, a degraded buffer may be revegetated to maintain the standard width. Table 09.030-1. Standard Stream Buffers Stream Type Buffer Width 4,,, /1 Type 1 shoreline High Intensity: ,'/ streams -and lakes, Streams: 75' �' % and ponds ' , Essential Public Facilities: 100' t'' Floodway/CMZ: 100' t' ,' Shoreline Residential: t' Streams: 80' e , ' Lakes: 20' ., , ' Urban Conservancy: 100' ,',' Type 2 75' ,',/ Type 3 65' .,,' , Type 4 50"..., ', Type 5 e No buffer standards. Type 5 streams are not regulated as streams, but ntay be protected under geologically hazardous area, floodplain, stormwater, , construction, grading or other development regulations. 17.09.040 Wetlands. F � // A // i,, Formatted: Font: 11 pt Formatted: Font: 11 pt —'v' ( Formatted: Font: 11 pt Formatted: Space After: 0 pt, Line spacing: single Formatted: Space Before: 0 pt, After: 0 pt, Line spacing: single Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Line spacing: single Formatted Table Formatted: Font: Font color: Auto Formatted: None, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, Font Alignment: Auto, Border: Bottom: (No border) Formatted: Font: 11 pt P. Purpose and Intent. The purpose and intent of the provisions protecting wetland critical areas is equivalent to the purpose and intent for YMC 17.09.030. Designating and Mapping. 1. Consistent with WAC .173 22 035., wWetlands in shoreline iurisdiction shall be delineated using the procedure outlined in the approved federal wetland delineation manual and applicable regional supplements. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Line spacing: single / Formatted: Space After: 0 pt, Line spacing: single Formatted:Indent: Left: 0.38", Space After: 0 pt, Line 1 spacing: single J Formatted: Font: 11 pt Formatted: Font: 11 pt 2. Wetlands are all areas meeting the definition for wetlands as defined in YMC ;17.01.090`and are hereby designated critical areas which are subject to this chapter, except the following: a. Irrigation systems that create an artificial wetlands; and b. Areas where changes in irrigation practices have caused wetland areas to dry up. 3. The approximate location and extent of wetlands are shown on maps maintained by the city of Yakima. These maps may include information from the National Wetlands Inventory produced by the U.S. Fish and Wildlife Service and are to be used as a guide for the city of Yakima. Protection Approach. Wetlands will be protected using the protection approach for hydrologically related critical areas found in YMC,17.09.030LB). Wetlands and their functions will be .rotected usinthe standards found in this section and in YMC 17.09.030. p. Wetland Functions and Rating. 1. Wetlands are unique landscape features that are the interface between the aquatic and terrestrial environments. Wetlands provide the following functions: a. Biogeochemical functions, which improve water quality in the watershed (such as nutrient retention and transformation, sediment retention, metals, and toxics retention and transformation). b. Hydrologic functions, which maintain the water regime in a watershed, such as: flood flow attenuation, decreasing erosion, and groundwater recharge. c. Food and habitat functions, which include habitat for invertebrates, amphibians, anadromous fish, resident fish, birds, and mammals. 2. Wetlands shall be rated based on categories that reflect the functions and values of _ each wetland and shall be based on the criteria provided in the Washington State Wetland Rating System for Eastern Washington, revised March 2007October 2014 (Ecology Publication Number 011 06 1 51 4 06 030, or as revised) which are summarized below. Category I wetlands are those that 1) represent a unique or rare wetland type; or 2) are more sensitive to disturbance than most wetlands; or 3) are relatively undisturbed and contain ecological attributes that are impossible to replace in a human lifetime; or 4) provide a high level of functions. Risk of any degradation to these wetlands must be avoided because their functions and values are too difficult to replace. Generally, these wetlands are not common and make up a small percentage of the wetlands in the region. Fiore sensitive to disturbance than moot wetlands, relatively undisturbed, and - - contain ecological attributcs that arc difficult to replace. Generally, these wetlands are not common and make up a very small percentage of the wetlands within the city of Yakima. The following types of wetlands arc classified as Category I: i. Wetlands scoring seventy points or morc (out of one hundred) in the. .- - - - Washington State Wetland Rating System for Eastern Washington (WRSEW); ii. Alkali wetlands; iii. Natural heritage wetlands (wetlands identified by Washington Department of Natural Resources Natural Heritage Program scientists); and iv. Bogs. Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Space After: 0 pt, Line spacing: single Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt ` ` I Formatted: Space After: 0 pt, Line spacing: single Formatted: Indent: Left: 0.38", Space After: 0 pt, Line 1 spacing: single J Formatted: Indent: Left: 0.63", Space After: 0 pt, Line spacing: single Formatted: Font: 11 pt Formatted: Indent: Left: 0.38", Space After: 0 pt, Line 1 spacing: single J Formatted: Font: 11 pt Formatted: Indent: Left: 0.63", Space After: 0 pt, Tab 1 stops: Not at 0.56" J Formatted: Font: 11 pt Formatted: Space After: 0 pt, Line spacing: single p. Category 11 wetlands are difficult but not impossible to replace and provide high levels of some functions. These wetlands occur more commonly than Category 1 The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Indent: Left: 1.22", Space After: 0 pt, Line 1 spacing: single J Formatted: Font: 11 pt Formatted: Indent: Left: 0.63", Space After: 0 pt, Line 1 spacing: single J wetlands, but still need a relatively high level of protection. Category 11 wetlands include: 1. Wetlands scoring between fifty one to sixty nine (out of one hundred) in - - - the WRSEW; ii. Unassociated vernal pools; and iii. Forested wetlands. Formatted: Font: 11 pt p. Category III wetlands are wetlands with a moderate level of functions and can often be adequately replaced with a well-planned mitigation prosect. These wetlands generally have been disturbed in some ways and are often Tess diverse or more isolated from other natural resources in the landscape than Category 11 wetlands. often smaller, Tess diverse, and/or more isolated from other natural resources.* Catcgory III wctlands include: 1. Wetlands with a moderate level of functions (scoring between thirty to fifty ii. Associated vernal pools. p. Category IV wetlands have the lowest levels of functions, points in the WRSEW. Category IV wetlands and are often heavily disturbed and arc wetlands that should be able to be replaced.. These are wetlands that should be able to be replaced and, in some cases, improved. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions and also need to be protected. .3. Wetlands shall be rated as they exist on the day of project application submission. Information regarding the original condition of illegally modified wetlands that cannot be discerned from aerial photographs or other reliable information sources shall use the highest appropriate points value within each missing data field of the WRSEW rating sheet to complete the rating. Wetland Buffers. 8. Buffer Requirements. The following buffer widths have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified professional using the Washington State The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Line spacing: single Formatted: Font: 11 pt Formatted: Indent: Left: 0.63", Space After: 0 pt, Tab 1 stops: Not at 0.56" J Formatted: Font: 11 pt Formatted: Space After: 0 pt, Line spacing: single J Formatted: Font: 11 pt Formatted: Indent: Left: 0.63", Space After: 0 pt, Line 1 spacing: single J Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Indent: Left: 0.38", Space After: 0 pt, Line 1 spacing: single J Formatted: Font: 11 pt Formatted: Space After: 0 pt, Line spacing: single Wetland Rating System for Eastern Washington: 2014 Update (Ecology Publication #14- 06-030, or as revised). The adjacent land use intensity is assumed to be high. a. For wetlands that score 5 points or more for habitat function, the buffers in Table 27.6-1 can be used if both of the following criteria are met: 1. A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other Priority Habitats as defined by the Washington State Department of Fish and Wildlife `http://wdfw.wa.q_ov/hab/phshabs.htm), The corridor must be protected for the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, Table 27.6-1 may be used with the required measures in Table 27.6-2 alone. 2 The measures in Table 27.6-2 are implemented, where applicable, to minimize the impacts of the adjacent land uses. b. For wetlands that score 3-4 habitat points, only the measures in Table 27.6-2 are required for the use of Table 27.6-1. c. If an applicant chooses not to apply the mitigation measures in Table 27.6-2, or is unable to provide a protected corridor where available, then Table 27.6-3 shall be used. d. The buffer widths in Table 27.6-1 and 27.6-3 assume that the buffer is vegetated with, a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted:Indent: Left: 0.5", Tab stops: Not at 0.75" Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81", Tab stops: Not at 0.75" Field Code Changed Formatted: Font: (Default) Arial, 11 pt, Bold Formatted:Indent: Left: 0.81", Tab stops: Not at 0.75" Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81", Tab stops: Not at 0.75" Formatted: List Paragraph, Indent: Left: 0.5", Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 2 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81", Tab stops: Not at 0.75" Formatted: List Paragraph, Indent: Left: 0.5", Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 2 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81", Tab stops: Not at 0.75" Formatted:Indent: Left: 0.5", Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 2 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81", Tab stops: Not at 0.75" appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. Formatted iii Formatted //if Formatted /it Formatted Table //A Formatted t,,`�i Formatted Table 27.6-1: Wetland Buffer Requirements if Table 27.6-2 is implemented and corridor �� ��,;'�� Formatted V, ,Buffer Width (feet) based on habitat score °,' Formatted Wetland Category 3-4 5 66=7 8=9 t' Formatted Category 1: Based on :;' ' total score. 75 90 120 150 Formatted Category 1: Forested v Formatted 75 90 120 150 7- - Formatted Category 1: Bogs and ' ``� Wetlands of High 190 Formatted Conservation Value Formatted Category 1: AlkalL 150 7`�`� Category II: Based on 75 90 120 150 ...A,,, \\\ total score Formatted Category II: Vernal 1Formatted Pool4,i', Formatted A_ Ill vv''i,r`Formatted Category II: Forested 75 90 120 150 tyl�` l'iiiiii Category III (all) 60. 90 120 150��! ��r o provided [92] [93] [94] Formatted [95] ... [97] r ... [96] ... [98] ... Roo] ... [101] ... [102] ... [103] Formatted ... [104] Formatted Category IV (all) 40 Table 27.6-2: Required measures to minimize impacts to wetlands The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted Formatted (... [106] ... [109] ilii il�IiiiiiiPiii Formatted riii'iiii�iip,,i Formatted �id�i0iiidii Formatted lil''iiliii�� Formatted iii:)['l Formatted p'iiiii Formatted I.iiilVii[',' Formatted iii Formatted Formatted Formatted Formatted Formatted Table Formatted Formatted ... [110] (... [111] [114] [116] ... [117] Formatted ... [118] Formatted ... [119] Formatted ... [120] Formatted [115] Formatted [121] Formatted ... [123] Formatted ... [124] Formatted ... [122] Formatted [125] Formatted Table [126] Formatted [128] Formatted ... [129] Formatted ... [130] ... [131] [132] ... [127] r ... [133] ... [135] ... [136] [137] Formatted ii1 Formatted 'ii( Formatted Formatted [138] ... [139] ... [134] n ani 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 for 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 -feet heavily vegetated buffer strip immediately adjacent to the outer wetland buffer, Toxic Runoff _ • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 -feet of \ wetland \P�, • Apply integrated pest management, Stormwater • Retrofit stormwater detention and treatment for roads and existing q. ,'`� Runoff adjacent development a' v • Prevent channelized flow from lawns that directly enters the buffer ;�`` v'``� • Use Low Intensity Development technique Changes in • Infiltrate or treat, detain, an disperse into buffer new runoff from�, '`;, water regime impervious surfaces and new lawns, P Pets and • Use privacy fencing OR plan dense vegetation to delineate buffer h,'',\', human edge and to discourage disturbance using vegetation appropriate for il`v'',v' disturbance the ecoregion Ih,d i i' • Place wetland and its buffer in a separate tract or protect with a '',' conservation easement. Dust_ • Use best management practices to control dust Formatted: Space After: 0 pt, Line spacing: single Formatted Table ��Formatted: Space After: 0 pt, Line spacing single Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Indent: Left: -0.01", Space After: 0 pt, Line spacing: single, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Space After: 0 pt, Line spacing: single Formatted: Indent: Left: -0.01", Space After: 0 pt, Line spacing: single, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Arial, 11 pt, Not Bold Table 27.6-3: Wetland Buffer Requirements if Table 27.6-2 is NOT implemented and corridor NOT provided The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Line spacing: single Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted ... 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[153] Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arial, Bold Formatted: Indent: Left: 0 .31", Tab stops: Not at 0.75" Formatted: Centered Formatted: Centered Wetland Category Category 1: Based on total score Category 1: Forested Category 1: Bogs and Wetlands of High Conservation Value Category 1: Alkali Category II: Based on total score Category II: Vernal Pool Category II: Forested Category III (all) Category IV (all) Buffer Width (feet) based on habitat score 3-4 5 6-7 8-9 100 130 180 200 100 130 180 200 250 200 100 130 180 200 200 100 130 180 200 80 130 180 200 50 Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single J Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted Table Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single e. Increased Wetland Buffer Area Width. Buffer widths shall be increased on a case -by- .- - - - case basis as determined by the administrative official when a larger buffer is necessary to protect wetland functions and values. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. This documentation shall include, but not be limited to, the following criteria; i. The wetland is used by a state or federally listed plant or animal species, or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or ii. The adjacent land is susceptible to severe erosion, and erosion -control measures will not effectively prevent adverse wetland impacts; or iii. The adjacent land has minimal vegetative cover or slopes greater than 30 percent, f. Buffer averaging to improve wetland protection may be permitted when all of the following conditions are met` i. The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a "dual -rated" wetland with a Category 1 area adjacent to a lower -rated area. ii. 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 - The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Indent: Left: 0.38", Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 2 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81", Tab stops: Not at 0.75" Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Indent: Left: 0.88", Tab stops: Not at 0.75" Formatted: Indent: Left: 0.38", Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 2 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81", Tab stops: Not at 0.75" Formatted: Font: (Default) Arial, 11 pt, Bold g. functioning or less -sensitive portion as demonstrated by a critical areas report from a qualified wetland professional. iii. The total area of the buffer after averaging is equal to the area required without averaging. iv. The buffer at its narrowest point is never less than either Y. 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, Averaging to allow reasonable use of a parcel may be permitted when all of the following are met:, i. There are no feasible alternatives to the site design that could be accomplished without buffer averaging. ii. The averaged buffer will not result in degradation of the wetland's functions and values as demonstrated by a critical areas report from a qualified wetland professional. iii. The total buffer area of the buffer after averaging is equal to the area without averaging. iv. The buffer at its narrowest point is never less than either Y. 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. 2. To facilitate long-range planning using a landscape approach, the Administrative Official may identify and pre-assess wetlands using the rating system and establish appropriate wetland buffer widths for such wetlands. The Administrative Official will prepare maps of wetlands that have been pre -assessed in this manner. 3. Measurement of Wetland Buffers. All buffers shall be measured perpendicular from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. Buffers must be fully vegetated in order to be included in buffer area calculations. Lawns, walkways, driveways, and other mowed or paved areas will not be considered buffers or included in buffer area calculations. Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Indent: Left: 0.88", Tab stops: Not at 0.75" Formatted: Indent: Left: 0.38", Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 2 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81", Tab stops: Not at 0.75" Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Indent: Left: 0.88", Tab stops: Not at 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 0.75" 4. Buffers on Mitigation Sites. All wetland mitigation sites shall have buffers consistent with — - - - the buffer requirements of this Chapter. Buffers shall be based on the expected or target category of the proposed wetland mitigation site. 5. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this chapter, wetland buffers shall be retained in an undisturbed or enhanced condition. In the case of compensatory mitigation sites, removal of invasive non-native weeds is required for the duration of the mitigation bond, YMC 15.27.605(I)(2)(a)(x). The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 0.75" Formatted: Font: (Default) Arial, 11 pt 6. Impacts to Buffers. Requirements for the compensation for impacts to buffers are outlined in YMC § 15.27.605. 7. Overlapping Critical Area Buffers. If buffers for two contiguous critical areas overlap (such as buffers for a stream and a wetland), the wider buffer applies. 8. Allowed Buffer Uses. The following uses may be allowed within a wetland buffer in accordance with the review procedures of this Chapter, provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: a. Conservation and Restoration Activities. Conservation or restoration activities aimed t, at protecting the soil, water, vegetation, or wildlife. b. Passive recreation. Passive recreation facilities designed and in accordance with an approved critical area report, including: 1. Walkways and trails, provided that those pathways are limited to minor crossings having no adverse impact on water quality. They should be generally parallel to the perimeter of the wetland, located only in the outer twenty-five percent (25%) of the wetland buffer area, and located to avoid removal of significant trees. They should be limited to pervious surfaces no more than five (5) feet in width for pedestrian use only. Raised boardwalks utilizing non -treated pilings may be acceptable. 2. Wildlife -viewing structures. c. Educational and scientific research activities. d. Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way, provided that the maintenance or repair does not increase the footprint or use of the facility or right-of-way. e. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources. f. Drilling for utilities/utility corridors under a buffer, with entrance/exit portals located completely outside of the wetland buffer boundary, provided that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column is disturbed. g. Enhancement of a wetland buffer through the removal of non-native invasive plant species. Removal of invasive plant species shall be restricted to hand removal. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate for that species. Revegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species. h. Repair and maintenance of non -conforming uses or structures, where legally established within the buffer, provided they do not increase their degree of nonconformity. 9. Signs and Fencing of Wetlands and Buffers. a. Temporary markers. The outer perimeter of the wetland buffer and the clearing limits. identified by an approved permit or authorization shall be marked in the field with The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 0.75" Formatted: Font: (Default) Arial, 11 pt Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 0.75" Formatted: Indent: Left: 0.5", Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1", Tab stops: Not at 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 0.75" Formatted: Indent: Left: 0.5", Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1", Tab stops: Not at 0.75" temporary "clearing limits" fencing in such a way as to ensure that no unauthorized intrusion will occur. The marking is subject to inspection by the Administrative Official prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place. b. Permanent signs. As a condition of any permit or authorization issued pursuant to this chapter, the Administrative Official may require the applicant to install permanent signs along the boundary of a wetland or buffer. 1. Permanent signs shall be made of an enamel -coated metal face and attached to a metal post or other non -treated material of equal durability. Signs must be posted at an interval of one (1) every 50 -feet, or one (1) per lot if the lot is less than 50 -feet wide, and must be maintained by the property owner in perpetuity. The signs shall be worded as follows or with alternative language approved by the Administrative Official: Protected Wetland Area - - - Do Not Disturb Contact the City of Yakima Regarding Uses, Restrictions, and Opportunities for Stewardship Formatted: Centered, Indent: Left: 0.94", Tab stops: 1 Not at 0.75" J 2. The provisions of Subsection (a) may be modified as necessary to assure - - - protection of sensitive features or wildlife. c. Fencing. 1. The applicant shall be required to install a permanent fence around the wetland or buffer when domestic grazing animals are present or may be introduced on site. 2. Fencing installed as part of a proposed activity, or as required in this Subsection, shall be designed so as not to interfere with species mitigation, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat.` J. Vegetative buffers shall bc measured from thc edge of the wctland. Thc width _ of the buffcr shall bc determined according to thc wctland typc. Thc standard buffer widths are provided in Table 09.0,10 1 below. 2. Thc use of thc standard buffcr widths requires thc implementation of the measures in Table 09.0,10 2, where applicable, to minimizc thc impacts of the - adjacent land uces. 3. If an applicant chooses not to apply the mitigation measures in Table 09.0,10 2, then a thirty three percent increase in the width of all buffers is required. For example, a seventy five foot buffcr with thc mitigation measures would bc a one hundred foot buffer. 41. The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetative community within the buffer zone that is deemed adequate to protect thc identified critical area. a. If the vegetation is degraded, thcn revegetation may bc considered with any adjustment to thc buffer width. b. Where the uce is being intencified, a degraded buffer may be revegetated to maintain the standard width. Formatted: Indent: Left: 0.75", Hanging: 0.25", Numbered + Level: 3 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Indent at: 1.5", Tab stops: Not at 0.75" Formatted: Font: (Default) Arial, 11 pt, Not Bold The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: 11 pt Formatted: Space After: 0 pt, Line spacing: single - e - 1•_•.l Formatted ... [154] Formatted / Formatted ir iYit Formatted Formatted /, / Formatted Formatted /// Formatted Netland rategor.. Standard Additional Additional / Additional h buffer aid4h ifid4h if buffer -width -it buffer -width -if/ / wetland -scares wetland -scores wetlancl-scoreei/ 30 -36 -habitat/ Buffer 21 25 habitat 2649 -habitat Width points points / / il ' ------Add 15f# Add-45-ft-----Add75ft-'A ' score techniques) / ` ,Change in water - - . - - - Category 1: Forested 75 ft Add 15 ft Add -15 ft Add 75 ft* / pateqoploias 190 ft - -NA NA II NA •, / ,Category i• nikaii 150 ft N/A NA NA !, rater.er.,Natural Herta„e - - - d t zz Wetlands C ategory u• Based en totmoi ' - Add 15 f# Add--45-ft 7 Ad -4--7-54.'' score 1-50 NA NA NA .-% ,Category u: Forested 75 ft Add 15 ft Add 15 ft Add 75 ftp z 604 Add 30 ft Add 60 ft NA •=,_ . Category iv (3u) 410 ft NA NA NA t\ (Measures arc required, where applicable to a specific proposal) — * Disturbance - - -' r F ,Liffhtc Dircct lights away from wctland ., °,, Noise - Locate activity that generates noise away from wetland h"\ - If warranted, cnhancc existing buffcr with native vegetation plantings .\/ adiaccnt to noise source- \ ` - For activities that generate relatively continuous, potentially disruptive F\ , noise, such as certain heavy industry or mining, establish an additional 10 ` foot heavily vegetated buffer strip immediately adjacent to the outcr wetland buffer ,Te*ic-Funeff Routc from - all new, untreated runoff away wctland while ensuring wctland is not dewatered °N - Establish covenants limiting use of pesticides within 150 feet of wetland '\ - Apply integrated pest management �,`\ Stormwater runoff = Retrofit ctormwater detention and treatment for roads and existing adiaoeht, development "a `, = Prevent channelized flow from lawns that directly enters the buffer F \\1 = Use low intensity development techniques (per PSAT publication on LID :\ ` techniques) / ` ,Change in water - - . - - - f-eairne surfaces and new lawns The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 r ... 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[197] (Measures arc required, whcrc applicable to a specific proposal) ,Distu-rbance Pets and human distarbance = Use privacy fencing OR plant dente vegetation to dclin ate buffer edge-, and to discourage disturbance using vegetation appropriate for the ccorcgion. = Place wetland and its buffer in a separate tract or protect with a conservation casement Dust Use best managementpractices to control dust ,Disr ion -of corridors -or connections = Maintain connections to offsite areas that are undisturbed = Restore corridors or connections to offsite habitats by replanting p. Buffer averaging to improve wetland protection may be permitted when all of t\ the following conditions arc mct: a. Thc wetland has significant differences in characteristicc that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a "dual rated" wetland with a Category I arca adjacent to a lower rated area. b. Thc buffer is increased adjacent to the higher functioning arca of habitat or more sensitive portion of the wetland and decreased adjacent to the lower functioning or Tess cencitive portion as demonstrated by a critical areas report from a qualified wetland professional. c. The total area of the buffer after averaging is equal to the area required without averaging. d. The buffer at its narrowest point is never Icss than either three quarters of the required width or ceventy five feet for Category I and II, fifty feet for Category III and twenty five feet for Category IV, whichever is greater. 6. The shoreline administrator may not approve averaging reductions to the, standard buffer widths for wetlands that score medium (twenty six through twenty nine points) or high (thirty through thirty six points) for wetland habitat function, except whcrc it can be shown that a particular wildlife species' needs within the, buffer can be met with a smaller buffer. 7. All other proposals to reduce a wetland buffer may only be approved through the shoreline variance procc c. =F. Compensatory Mitigation te. 1. Mitigation Sequencing. Before impacting any wetland or its buffer, an applicant shall =- demonstrate that the following actions have been taken. Actions are listed in the order of preference: 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, or by taking affirmative steps to avoid or reduce impacts. 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. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space Before: 0 pt, Line spacing: single Formatted: Font: 11 pt Formatted: Line spacing: single Formatted: Font: 11 pt Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Font: 11 pt Formatted: Line spacing: single Formatted: Font: 11 pt Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Font: 11 pt Formatted: Space After: 0 pt, Line spacing: single Formatted: Font: 11 pt Formatted: Space After: 0 pt, Line spacing: single J Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0.5", Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" f. Monitor the required compensation and take remedial or corrective measures when necessary. 2. Requirements for Compensatory Mitigation: a. Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans—Version 1, (Ecology Publication #06-06-011b, Olympia, WA, March 2006 or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Publication #10-06-07, November 2010). b. Mitigation ratios may also be determined using the credit/debit tool describe in "Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington: Final Report (Ecology Publication #11-06-045, August 2012), consistent with subsection 9 of this section. 3. Compensating for Lost or Affected Functions. Compensatory mitigation shall address the functions affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions. The goal shall be for the compensatory mitigation to provide similar wetland functions as those lost, except when either: a. The lost wetland provides minimal functions, and the proposed compensatory .– - - - mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington state watershed assessment plan or protocol; or b. Out -of -kind replacement of wetland type or functions will best meet watershed goals formally identified by the City, such as replacement of historically diminished wetland types. Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0.5", Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" 4. Approaches to Compensatory Mitigation. Mitigation for lost or diminished wetland and .– - - - buffer functions shall rely on the approaches listed below. a. Wetland mitigation banks. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the mitigation bank instrument. Use of credits from a wetland mitigation bank certified under Chapter 173-700 WAC is allowed if: i. The approval authority determines that it would provide appropriate compensation for the proposed impacts; and ii. The impact site is located in the service area of the bank. iii. The proposed use of credits is consistent with the terms and conditions of the certified mitigation bank instrument. iv. Replacement ratios for projects using bank credits is consistent with replacement ratios specified in the certified mitigation bank instrument. b. In -Lieu Fee Mitigation: Credits from an approved in -lieu -fee program may be used when all of the following apply: i. The approval authority determines that it would provide environmentally appropriate compensation for the proposed impacts. ii. The proposed use of credits is consistent with the terms and conditions of the approved in -lieu -fee program instrument. iii. Projects using in -lieu -fee credits shall have debits associated with the proposed impacts calculated by the applicant's qualified wetland professional using the credit assessment method specified in the approved instrument for the in -lieu -fee program. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Indent: Left: 1.06", Space After: 0 pt, Numbered + Level: 3 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Right + Aligned at: 1.38" + Indent at: 1.5" Formatted: Font: (Default) Arial Formatted: Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Space After: 0 pt, Numbered + Level: 3 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Right + Aligned at: 1.38" + Indent at: 1.5" iv. The impacts are located within the service area specified in the approved in -lieu -fee instrument. c. Permittee -responsible mitigation. In this situation, the permittee performs the — - - - mitigation after the permit is issued and is ultimately responsible for implementation and success of the mitigation. Permittee -responsible mitigation may occur at the site of the permitted impacts or at an off-site location within the same watershed. Permittee -responsible mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the approval authority's satisfaction that the proposed approach is ecologically preferable to use of a bank or ILF program, consistent with the criteria in this section. Formatted: Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" 5. Types of Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer .— - - - functions shall rely on a type listed below in order of preference. A lower -preference form of mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the approval authority's satisfaction that all higher -ranked types of mitigation are not viable, consistent with the criteria in this section. a. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into: i. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Re-establishment results in a gain in wetland acres (and functions). Activities could include removing fill material, plugging ditches, or breaking drain tiles. ii. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. b. Establishment (Creation): The manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland on an upland or deepwater site where a wetland did not previously exist. Establishment results in a gain in wetland acres. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. i. If a site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts, the approval authority may authorize creation of a wetland and buffer upon demonstration by the applicant's qualified wetland professional that: 1. The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that creation of a wetland at the site will not likely cause hydrologic problems elsewhere; 2. Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer (e.g., due to the presence of invasive plants or noxious weeds, stormwater runoff, noise, light, or other impacts); and 3. The proposed wetland and buffer will eventually be self-sustaining with little or no long-term maintenance. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Space After: 0 pt, Numbered + Level: 3 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Right + Aligned at: 1.38" + Indent at: 1.5" Formatted: Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Space After: 0 pt, Numbered + Level: 3 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Right + Aligned at: 1.38" + Indent at: 1.5" Formatted: Space After: 0 pt, Numbered + Level: 4 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.75" + Indent at: 2" c. Enhancement. The manipulation of the physical, chemical, or biological - - - characteristics of a wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, controlling non-native or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these activities. Applicants proposing to enhance wetlands or associated buffers shall demonstrate how the proposed enhancement will increase the wetland's/buffer's functions, how this increase in function will adequately compensate for the impacts, and how existing wetland functions at the mitigation site will be protected. d. Protection/Maintenance (Preservation). Removing a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This includes the purchase of land or easements, or repairing water control structures or fences. This term also includes activities commonly associated with the term preservation. Preservation does not result in a gain of wetland acres. Permanent protection of a Category I or II wetland and associated buffer at risk of degradation can be used only if: i. The approval authority determines that the proposed preservation is the .- - - - best mitigation option; ii. The proposed preservation site is under threat of undesirable ecological change due to permitted, planned, or likely actions that will not be adequately mitigated under existing regulations; iii. The area proposed for preservation is of high quality or critical for the health of the watershed or basin due to its location. Some of the following features may be indicative of high-quality sites: 1. Category I or II wetland rating (using the wetland rating system for .- - - - western Washington) 2. Rare or irreplaceable wetland type (for example, bogs, mature forested wetlands, estuarine wetlands) or aquatic habitat that is rare or a limited resource in the area; 3. The presence of habitat for priority or locally important wildlife species; or also list has provides biological and/or hydrological connectivity; 4. Provides biological and/or hydrological connectivity; 5. Priority sites in an adopted watershed plan. iv. Permanent preservation of the wetland and buffer will be provided through a conservation easement or tract held by an appropriate natural land resource manager, such as a land trust. v. The approval authority may approve other legal and administrative mechanisms in lieu of a conservation easement if it determines they are adequate to protect the site. vi. Ratios for preservation in combination with other forms of mitigation generally range from 10:1 to 20:1, as determined on a case-by-case basis, depending on the quality of the wetlands being impacted and the quality of the wetlands being preserved. Ratios for preservation as the sole means of mitigation generally start at 20:1. Formatted: Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Space After: 0 pt, Numbered + Level: 3 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Right + Aligned at: 1.38" + Indent at: 1.5" The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Numbered + Level: 4 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.75" + Indent at: 2" Formatted: Space After: 0 pt, Numbered + Level: 3 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Right + Aligned at: 1.38" + Indent at: 1.5" 6. Location of Compensatory Mitigation. Compensatory mitigation actions shall generally — - - - be conducted within the same sub -drainage basin and on the site of the alteration except when the applicant can demonstrate that off-site mitigation is ecologically preferable. The following criteria will be evaluated when determining whether the proposal is ecologically preferable. When considering off-site mitigation, preference should be given to using alternative mitigation, such as a mitigation bank, an in -lieu -fee program, or advance mitigation. a. There are no reasonable opportunities on site or within the sub -drainage basin (e.q., on-site options would require elimination of high -functioning upland habitat), or opportunities on site or within the sub -drainage basin do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts. Considerations should include: anticipated replacement ratios for wetland mitigation, buffer conditions and proposed widths, available water to maintain anticipated hydrogeomorphic classes of wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity); b. On-site mitigation would require elimination of high-quality upland habitat. c. Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the altered wetland. d. Off-site locations shall be in the same sub -drainage basin unless: i. Established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the City and strongly justify location of mitigation at another site; or ii. Credits from a state -certified wetland mitigation bank are used as compensation, and the use of credits is consistent with the terms of the certified bank instrument; iii. Fees are paid to an approved in -lieu fee program to compensate for the impacts. e. The design for the compensatory mitigation prosect needs to be appropriate for .— - - - its location (i.e., position in the landscape). Therefore, compensatory mitigation should not result in the creation, restoration, or enhancement of an atypical wetland. Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Arial Formatted: Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Space After: 0 pt, Numbered + Level: 3 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Right + Aligned at: 1.38" + Indent at: 1.5" 7. Timing of Compensatory Mitigation. It is preferred that compensatoryinitigption proLscts.— - - be completed prior to activities that will disturb wetlands. At the least, compensatory mitigation shall be completed immediately following disturbance and prior to use or occupancy of the action or development. Construction of mitigation protects shall be timed to reduce impacts to existing fisheries, wildlife, and flora. a. The Administrator may authorize a one-time temporary delay in completing - - - construction or installation of the compensatory mitigation when the applicant provides a written explanation from a qualified wetland professional as to the rationale for the delay. An appropriate rationale would include identification of the environmental conditions that could produce a high probability of failure or significant construction difficulties (e.g., project delay lapses past a fisheries window, or installing plants should be delayed until the dormant season to ensure greater survival of installed materials). The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, or general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the Formatted: Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Arial The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" compensatory mitigation plan. The justification must be verified and approved by the City. 8. Wetland Mitigation Ratios: Category and Type Creation or of Wetland Re-establishment` Category 1: Bog, Not considered Natural Heritage Site possible Category I: Mature Forested Category I: Based on functions Category II 3:1 Category III 2:1 Category IV 1.5:1 Rehabilitation Enhancement, Case by Case Case by Case v�, 6:1 12:1 24:1 4:1 8:1 16:1 tip gyp,, 100 100 OW �IIPi v, 9. Credit/Debit Method. To more fully protect functions and values, and as an alternative tote ''', the mitigation ratios found in the joint guidance "Wetland Mitigation in Washington State MI"Parts I and II" (Ecology Publication #06 -06 -011a -b, Olympia, WA, March, 2006), the administrator may allow mitigation based on the "credit/debit" method developed by the Department of Ecology in "Calculating Credits and Debits for Compensatory Mitigation in Oipp, Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Centered, Space After: 0 pt, Line spacing: 1 single J 6:1 4:1 3:1 12:1 8:1 6:1 Ratios for rehabilitation and enhancement may be reduced when combined with 1:1 replacement through creation or re-establishment. See Table 1 b, Wetland Mitigation in Washington State — Part 1: Agency Policies and Guidance --Version 1, (Ecology Publication #06-06-01 la, Olympia, WA, March 2006 or as revised). See also YMC 15.27.040(F)(5)(d) for more information on using preservation as compensation. Formatted Table Formatted: Centered, Space After: 0 pt, Line spacing: 1 single J Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Font: (Default) Arial, 11 pt, Bold tFormatted: Font: (Default) Arial, 11 pt, Bold Wetlands of Eastern Washington: Final Report" (Ecology Publication #11-06-015, August 2012, or as revised). 10. Compensatory Mitigation Plan. When a project involves wetland and/or buffer impacts, a compensatory mitigation plan prepared by a qualified professional shall be required, meeting the following minimum standards: a. Wetland Critical Area Report. A critical area report for wetlands must accompany,' or be included in the compensatory mitigation plan and include the minimum parameters described in Minimum Standards for Wetland Reports (YMC 15.27.314 and YMC 15.27.315(B)) of this Chapter. b. Compensatory Mitigation Report. The report must include a written report and plan sheets that must contain, at a minimum, the following elements. Full guidance can be found in Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication #06 -p6 -011b, Olympia, WA, March 2006 or as revised). i. The written report must contain, at a minimum: 1. The name and contact information of the applicant; the name, qualifications, and contact information for the primary author(s) of the compensatory mitigation report; a description of the proposal; a summary of the impacts and proposed compensation concept; identification of all the local, state, and/or federal wetland -related permit(s) required for the project; and a vicinity map for the prosect. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Line spacing: single Formatted: Centered, Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Centered, Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Centered, Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Centered, Space After: 0 pt, Line spacing: single l Formatted: Space After: 0 pt, Line spacing: single Formatted: Centered, Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Centered, Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt Formatted: Font: (Default) Arial, 11 pt, Italic Formatted: Font: (Default) Arial, 11 pt Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" l Formatted Formatted ... [198] ... [199] Formatted: Font: (Default) Arial tFormatted Formatted ... [200] ... [201] 2. Description of how the project design has been modified to avoid, minimize, or reduce adverse impacts to wetlands. 3. Description of the existing wetland and buffer areas proposed to be impacted. Include acreage (or square footage), water regime, vegetation, soils, landscape position, surrounding lands uses, and functions. Also describe impacts in terms of acreage by Cowardin classification, hydrogeomorphic classification, and wetland rating, based on Wetland Ratings, YMC 15.27.603. 4. Description of the compensatory mitigation site, including location and rationale for selection. Include an assessment of existing conditions: acreage (or square footage) of wetlands and uplands, water regime, sources of water, vegetation, soils, landscape position, surrounding land uses, and functions.. Estimate future conditions in this location if the compensation actions are NOT undertaken (i.e., how would this site progress through natural succession?). 5. Surface and subsurface hydrologic conditions, including an analysis of existing and proposed hydrologic regimes for enhanced, created, or restored compensatory mitigation areas. Include illustrations of how data for existing hydrologic conditions were used to determine the estimates of future hydrologic conditions 6. A description of the proposed actions for compensation of wetland and upland areas affected by the proiect. Include overall goals of the proposed mitigation, including a description of the targeted functions, hydrogeomorphic classification, and categories of wetlands. 7. A description of the proposed mitigation construction activities and timing of activities. 8. Performance standards (measurable standards for years post- installation) for upland and wetland communities, a monitoring schedule, and a maintenance schedule and actions proposed by year. 9. A discussion of ongoing management practices that will protect wetlands after the development project has been implemented, including proposed monitoring and maintenance programs (for remaining wetlands and compensatory mitigation wetlands). 10. A bond estimate for the entire compensatory mitigation project, including the following elements: site preparation, plant materials, construction materials, installation oversight, maintenance twice per year for up to five (5) years, annual monitoring field work and reporting, and contingency actions for a maximum of the total required number of years for monitoring. 11. Proof of establishment of Notice on Title for the wetlands and buffers on the proiect site, including the compensatory mitigation areas. ii. The scaled plan sheets for the compensatory mitigation must contain, at at' minimum: 1. Surveyed edges of the existing wetland and buffers, proposed areas of wetland and/or buffer impacts, location of proposed wetland and/or buffer compensation actions. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Numbered + Level: 3 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Right + Aligned at: 1.38" + Indent at: 1.5" Formatted: Space After: 0 pt, Numbered + Level: 4 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.75" + Indent at: 2" 2. Existing topography, ground -proofed, at two -foot contour intervals in the zone of the proposed compensation actions if any grading activity is proposed to create the compensation area(s). Also existing cross-sections of on-site wetland areas that are proposed to be impacted, and cross-section(s) (estimated one -foot intervals) for the proposed areas of wetland or buffer compensation. 3. Conditions expected from the proposed actions on site, including future hydrogeomorphic types, vegetation community types by dominant species (wetland and upland), and future water regimes. 4. Required wetland buffers for existing wetlands and proposed compensation areas. Also, identify any zones where buffers are proposed to be reduced or enlarged outside of the standards identified in this Chapter. 5. A planting plan for the compensation area, including all species by proposed community type and water regime, size and type of plant material to be installed, spacing of plants, typical clustering patterns, total number of each species by community type, and timing of installation. 11. Buffer Mitigation Ratios. Impacts to buffers shall be mitigated at a minimum 1:1 ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development. 12. Protection of the Mitigation Site. The area where the mitigation occurred and any associated buffer shall be located in a critical area tract or a conservation easement consistent with YMC 15.27 Part six. Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 13. Monitoring. Mitigation monitoring shall be required for a period necessary to establish .- - - - that performance standards have been met, but not for a period less than five years. If a scrub -shrub or forested vegetation community is proposed, monitoring may be required for ten years or more. The project mitigation plan shall include monitoring elements that ensure certainty of success for the project's natural resource values and functions. If the mitigation goals are not obtained within the initial five-year period, the applicant remains responsible for restoration of the natural resource values and functions until the mitigation goals agreed to in the mitigation plan are achieved. 14. Advance Mitigation. Mitigation for protects with pre -identified impacts to wetlands may be constructed in advance of the impacts if the mitigation is implemented according to federal rules, state policy on advance mitigation, and state water quality regulations consistent withinteragency Regulatory Guide: Advance Permittee -Responsible Mitigation (Ecology Publication #12-06-015, Olympia, WA, December 2012). 15. Alternative Mitigation Plans. The Administrator may approve alternative wetland mitigation plans that are based on best available science, such as priority restoration plans that achieve restoration goals identified in the SMP. Alternative mitigation proposals must provide an equivalent or better level of protection of wetland functions and values than would be provided by the strict application of this chapter. The Administrative Official shall consider the following for approval of an alternative mitigation proposal: The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Arial, 11 pt, Italic Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Arial, 11 pt a. The proposal uses a watershed approach consistent with Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington)(Ecology Publication #10-06-07, November 2010). b. Creation or enhancement of a larger system of natural areas and open space is preferable to the preservation of many individual habitat areas. c. Mitigation according to Section E is not feasible due to site constraints such as parcel size, stream type, wetland category, or geologic hazards. d. There is clear potential for success of the proposed mitigation at the proposed mitigation site. e. The plan shall contain clear and measurable standards for achieving compliance with the specific provisions of the plan. A monitoring plan shall, at a minimum, meet the provisions in Section J. f. The plan shall be reviewed and approved as part of overall approval of the proposed use. g. A wetland of a different type may be justified based on regional needs or functions and values; the replacement ratios may not be reduced or eliminated unless the reduction results in a preferred environmental alternative. h. Mitigation guarantees shall meet the minimum requirements as outlined in Section 10.B.i.8. i. Qualified professionals in each of the critical areas addressed shall prepare the plan. j. The City may consult with agencies with expertise and jurisdiction over the critical areas during the review to assist with analysis and identification of appropriate performance measures that adequately safeguard critical areas., - projects that propose compensation for wctland acrc\agc and/or functions arc subject to state and federal regulations. Compcnsatory mitigation for alterations to wetlands shall provide for na net loss of wetland functions and values, and must be consistent with the mitigation plan requirements of YMC j 7.09.010(P)(13J. Thc following documcnts were developed to assist applicants in meeting thc above requirements. 1. Compensatory mitigation plans must bc consistent with Guidance on Wetland Mitigation in Washington State Part 2: Guidelines for Developing Wetland Mitigation Plans and Proposals or as reviccd (Wachington State Department of Ecology, U.S. Army Corps of Engineers S attic District, and U.S. Environmental Protcction Agency Region 10; Ecology Publication Numbcr 0'1 06 013B). 2. Compensatory mitigation application and ratios for mitigation of wetlands chall ba consistent with Wetlands in Washington State Volume 2: Guidance for Protecting and Managing Wetlands Appendix 8 D 6 8 D3 or as revised (Washington State Department of Ecology. Publication Numbcr 05 06 008). G. Wetland Mitigation Banks. 1. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: a. Thc bank is certified under Chapter 90.81. RCW or Chapter .173 700. WAC; b. Thc shoreline administrator dctcrmincs that thc wctland mitigation bank can provide appropriate compensation for thc authorized impacts; and c. The proposed use of credits is consistent with the terms and conditions of the bank's certification. 2. Replacement ratios for protects ucing bank credits chall be consistent with replacement ratios specified in thc bank's certification. 3. Credits from a certified wetland mitigation bank may bc used to compensate for impact located within the service arca cpccificd in thc bank's certification. In come caccs, bank ccrvicc The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Font: (Default) Arial, 11 pt, Italic Formatted: Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) Arial Formatted: Font: 11 pt Formatted: Space After: 0 pt, Line spacing: single Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt ode portions of mere then. a adjacent dreinape hecin for � cific wetlan J functions. (Ord. 2015 002 § 1 (Exh. A)(part)). APPENDIX B Designated Type 2 Stream Corridors The following stream reaches within Yakima County are designated critical areas under the City of Yakima's Critical Areas Ordinance: 1. Bachelor Creek: From source at Ahtanum Creek (SEC13-TWP12N-RGE16 EWM) downstream to its mouth at Ahtanum Creek (SEC1-TWP12N-RGE18E). 2. Cottonwood Canyon Creek: From the south line of SEC32-TWP13N-RGE17E, downstream to mouth at Wide Hollow Creek (SEC36-TWP13N-RGE17E). 3. Hatton Creek: From its source at Ahtanum Creek (SEC18-TWP12N-RGE17) downstream to its confluence with Ahtanum Creek (SEC18-TWP12N-RGE18E). 4. Wide Hollow Creek: From the east line of the SW1/4 of the NW1/4 (SEC28- TWP13N-RGE17E) downstream to the mouth at the Yakima River. 5. Cowiche Creek: that portion which is not designated Type 1. 6. Spring Creek and associated tributaries. The Yakima Municipal Code is current through Ordinance 2015-047, passed December 8, 2015 Formatted: Heading 3 Page 32: [1] Formatted Amy Summe Don't keep with next, Tab stops: Not at 0.75" 2/17/2017 1:21:00 PM I Page 32: [2] Formatted Calhoun, Joseph 2/13/2017 11:03:00 AM I Centered, Tab stops: Not at 0.75" Page 32: [3] Formatted Table Calhoun, Joseph 2/13/2017 10:57:00 AM I Formatted Table Page 32: [4] Formatted Calhoun, Joseph 2/13/2017 10:57:00 AM I Font: (Default) Arial, 11 pt, Bold Page 32: [5] Formatted Calhoun, Joseph 2/13/2017 10:57:00 AM I Centered Page 32: [6] Formatted Calhoun, Joseph 2/13/2017 10:58:00 AM I Centered Page 32: [7] Formatted Calhoun, Joseph 2/13/2017 11:00:00 AM I Font: (Default) Arial, 11 pt, Not Bold Page 32: [8] Formatted Calhoun, Joseph 2/13/2017 10:57:00 AM I Centered Page 32: [9] Formatted Calhoun, Joseph 2/13/2017 11:01:00 AM I Font: (Default) Arial, 11 pt, Not Bold Page 32: [10] Formatted Calhoun, Joseph 2/13/2017 10:57:00 AM I Centered Page 32: [11] 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7:43:00 AM I Font: 11 pt Page 76: [197] Formatted Calhoun, Joseph 3/6/2017 2:09:00 PM I Line spacing: single Page 82: [198] Formatted Calhoun, Joseph 8/7/2017 12:30:00 PM I Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Page 82: [199] Formatted Calhoun, Joseph 8/7/2017 12:30:00 PM I Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Page 82: [200] Formatted Calhoun, Joseph 8/7/2017 12:30:00 PM I Space After: 0 pt, Numbered + Level: 3 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Right + Aligned at: 1.38" + Indent at: 1.5" Page 82: [201] Formatted Calhoun, Joseph 8/7/2017 12:30:00 PM I Space After: 0 pt, Numbered + Level: 4 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.75" + Indent at: 2" City of Yakima 2017 GMA Updates Development Regulations to YMC Title 14, Title 15, and Title 17 Complete Clean Version Chapter 15.06 OFF-STREET PARKING AND LOADING Sections: 15.06.010 15.06.020 15.06.030 15.06.035 15.06.040 15.06.050 15.06.060 15.06.065 15.06.070 15.06.080 15.06.090 15.06.100 15.06.110 15.06.120 15.06.130 Purpose. Off-street parking and loading spaces required. General provisions. Electric Vehicle Charging Stations Off-street parking standards. Computation of required spaces. Location of required spaces. Driveway locations. Schedule of minimum parking dimensions. Site plan required. Required landscaping of parking areas. Lighting of parking lots. Construction and maintenance. Time of completion. Off-street loading space required. 15.06.140 Nonconforming parking. 15.06.010 Purpose. The following parking standards are intended to establish adequate off-street parking, reduce on -street parking, increase traffic safety, maintain smooth traffic flow, and reduce the visual impact of parking lots. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.020 Off-street parking and loading spaces required. No off-street parking or loading spaces shall be placed, constructed, located, relocated or modified after adoption of this title without first receiving a development permit from the administrative official. All vehicle storage, off-street parking and loading spaces that are not a principal use are accessory uses and shall be subject to the same procedures and review requirements as the principal use. All off-street parking and vehicle storage spaces shall be 1 provided in conformance with the provisions of this chapter. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 27, 1993: Ord. 2947 § 1 (part), 1986). 15.06.030 General provisions. A. The off-street parking and loading facilities required by this chapter shall be established prior to any change in the use of land or structures and/or prior to the occupancy of any new or enlarged structure. B. Required off-street parking spaces shall provide vehicle parking only for residents, customers, patrons, and employees. Required parking shall not be used for the storage of vehicles or materials; the parking of company or business vehicles used in conducting the business; or for the sale, repair or servicing of any vehicle. C. Any area once designated for required off-street parking shall not be used for any other purpose unless and until equal facilities are provided elsewhere and a site plan has been approved to reflect the change, or the primary use of the property is changed to a use requiring less off-street parking. D. The required front yard in the R-3 district shall not be used for off-street parking for four or more cars unless the three-foot strip nearest the front property line is landscaped and a two - foot -high concrete, masonry, or decorative block wall, wood fence, or solid landscaping screen is provided. (For corner lots see YMC 15.05.040.) E. A parking circulation plan is required for parking lots and the associated vehicular travel ways for multifamily and nonresidential uses that have five or more required off-street parking spaces. The required off-street parking shall be designed in a manner that eliminates a need for backing and maneuvering from or onto streets, sidewalks, pedestrian ways, or bikeways in order to exit a property or maneuver out of parking spaces. Furthermore, the parking lot and associated travel ways shall be designed in a manner that provides for safe and adequate traffic flow. 1. Loading spaces and truck maneuvering areas shall be included in the parking circulation plan. 2. Drive-through lanes and related facilities shall be clearly shown on the parking circulation plan. 3. Driveway locations and specifications shall be shown on the parking circulation plan and are subject to review for safety and traffic flow. The location of the driveways shall conform to YMC 15.06.065. 4. The parking circulation plan is a site plan requirement. Recommendations regarding adequate circulation may be received from the traffic engineering staff, city engineering 2 staff, fire department, and other reviewing agencies. Additional mitigation or redesign may be required if the proposed circulation pattern creates safety conflicts. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.035 Electric Vehicle Charging Stations. A. Electric Vehicle Charging Stations, as defined by RCW 36.70A.695(5), or as amended, shall be allowed as follows, except for on resource lands or in critical areas: 1. An accessory use to an approved principal use in the B-1, B-2, HB, SCC, LCC, CBD, GC, M-1, M-2, RD, and AS zoning districts. 2. As a right-of-way use permit in public parking lots and/or on-street public parking areas. 15.06.040 Off-street parking standards. A. Table of Required Off -Street Parking. The parking standards in Table 6-1, Table of Off - Street Parking Standards, are established as the parking standards for the uses indicated. These parking requirements are based on gross floor area. "Gross floor area" means the total square footage of all floors in a structure as measured from the interior surface of each exterior wall of the structure and including halls, lobbies, enclosed porches and fully enclosed recreation areas and balconies, but excluding stairways, elevator shafts, attic space, mechanical rooms, restrooms, uncovered steps and fire escapes, private garages, carports and off-street parking and loading spaces. Storage areas are included in gross floor area. However, the required off- street parking for storage areas shall be calculated at the rate of one space per five hundred square feet rather than the specific parking standard established in Table 6-1; except when the parking standard for the principal use would require fewer parking spaces (i.e., one space per six hundred square feet). All required off-street parking shall be subject to the procedures of this title and the standards of this section. B. Uses Not Specified. Off-street parking requirements for uses not specifically listed in Table 6-1 shall be determined by the reviewing official based upon the requirement for similar uses. C. Downtown Business District Exempt. The downtown business district of Yakima, as shown in Figure 6-1 and hereby adopted as a part of this chapter, shall be exempt from the provisions of this chapter as they relate to the number of parking spaces required, except that this exemption shall not apply to property that is used for residential purposes; and further provided, that all the other requirements of this chapter shall apply to any parking provided by the applicant. 3 Figure 6-1 Table 6-1. Table of Off -Street Parking Standards • Parking Exempt Boundary LAND USE PARKING STANDARDS AGRICULTURE (COMMERCIAL) Agriculturally related industries 1 space for each employee based on the maximum working at any given shift; 1 space for each 300 square feet of gross floor area for packing and processing areas; or 2 spaces for the first 1,000 sq. ft. of gross floor area, plus 1 space for each additional 5,000 sq. ft. for CA storage, 4 Table 6-1. Table of Off -Street Parking Standards LAND USE PARKING STANDARDS warehouse, and refrigeration areas, whichever is deemed more appropriate by the reviewing official AMUSEMENT AND RECREATION Game rooms, card rooms, electronic game rooms 1 space for each playing table, for every 3 seats or every 3 machines, whichever is greater Horse racing tracks, speedways, grandstands 1 space for each 3 fixed seats or 54" of bench seating Bowling alleys 5 spaces for each lane Gymnasiums, exercise facilities 1 space for each 200 sq. ft. of gross floor area Parks (public or private) 10 spaces per acre for passive recreation; 20 spaces per field for active recreation Roller and/or ice skating rink 1 space for each 150 sq. ft. of skating surface area Swimming pools 1 space for each 50 sq. ft. of water surface area Movie theatres 1 space for each 4 seats Golf courses 5 spaces per green and 1 space per 300 sq. ft. of gross floor area Golf driving ranges 1 space per tee or 1 space per 15 feet of driving line, whichever is greatest Auditoriums, exhibition halls, community centers, fraternal organization 1 space for each 100 sq. ft. of gross floor area COMMUNITY SERVICES Churches, synagogues, temples, and funeral homes 1 space for each 3 fixed seats (or 54" of bench -type seating) 1 space for each 40 sq. ft. of general reception/gathering area Community gardens* (accessory to an approved principal use) (See YMC 15.04.060(G)) None 5 Table 6-1. Table of Off -Street Parking Standards LAND USE PARKING STANDARDS Community gardens* (with planting area of 0.25 acres or less) None Community gardens* (with planting area of more than 0.25 acres and up to 0.5 acres) 2 spaces Community gardens* (with planting area of more than 0.5 acres up to 1 acre) 4 spaces Convalescent, nursing and group homes 1 space for each 2 beds Fire and police stations 1 space for each 200 sq. ft. of gross floor area Halfway houses (detention centers) 1 space for each 2 beds Hospitals 1.5 spaces for each bed Schools: Primary, elementary Junior, senior 3 spaces for each classroom, or 1 space for each 3 seats (54" bench -type seating) in the assembly area, whichever is greater Same as primary/elementary and 1 space for each 4 students over 16 years old Junior or community colleges 1 space for each 400 sq. ft. of gross floor area Juvenile detention centers 1.5 spaces for each bed Libraries 1 space for each 100 sq. ft. of gross floor area Museums, art galleries 1 space for each 100 sq. ft. of gross floor area Preschools, day care centers 1 space for each employee plus 1 space for each 6 children Vocational and business schools 1 space for each 400 sq. ft. of gross floor area MANUFACTURING (MASS PRODUCTION) 6 Table 6-1. Table of Off -Street Parking Standards LAND USE PARKING STANDARDS All uses listed under manufacturing in Table 4-1 1 space for each employee per maximum shift RESIDENTIAL Accessory dwelling units 1 space Single-family dwelling 2 spaces Two-family dwellings 4 spaces Multifamily dwellings 10 units or less More than 10 units 2 spaces per dwelling 1.5 spaces per dwelling Retirement homes 1 space for each dwelling unit RETAIL TRADE AND SERVICES Addressing, mailing, and stenographic services 1 space for each 300 sq. ft. of gross floor area Advertising agencies 1 space for each 300 sq. ft. of gross floor area Automobile and truck, manufactured homes, travel trailer sales 1 space for each 500 sq. ft. of showroom and 1 space for each 1,000 sq. ft. of retail sales floor area Automotive: Automobile maintenance and service shops Car wash Car wash, self-service Paint and body repair Specialized repair shops (battery, radiator, etc.) 2 spaces per service area including work bays 6 spaces per wash bay 1 space for each 1,000 sq. ft. of gross floor area 2 spaces per service area including work bays 2 spaces per service area including work bays Wrecking and dismantling yards 1 space for each 500 sq. ft. of gross floor area 7 Table 6-1. Table of Off -Street Parking Standards LAND USE PARKING STANDARDS Beauty and barber shops 1 space for each 75 sq. ft. of gross floor area Bed and breakfast inns 1.1 spaces for each guest room Building and contractors 1 space for each 800 sq. ft. of gross floor area Coffee restaurant/stand with or without drive-through 1 space for each 50 sq. ft. of public seating area, including outside seating and 1 space for each employee Drug stores 1 space for each 200 sq. ft. of gross floor area Employment agencies (private) 1 space for each 200 sq. ft. of gross floor area Espresso/coffee stand with or without drive-through 1 space for each 50 sq. ft. of gross floor area, including outside seating, and one space for each employee Farm supplies 1 space for each 800 sq. ft. of gross floor area Florists 1 space for each 500 sq. ft. of gross floor area Financial institutions 1 space for each 200 sq. ft. of gross floor area Furniture, home furnishings, appliances 1 space for each 800 sq. ft. of gross floor area Gas stations 1 space for each 300 sq. ft. of gross floor area Hardware stores 1 space for each 300 sq. ft. of G.F.A. of structure and permanent outside display sales area Heating and plumbing equipment stores 1 space for each 400 sq. ft. of gross floor area Heavy equipment, tractor, and farm equipment repair 1 space for each 300 sq. ft. of gross floor area Home occupations See YMC 15.04.120(J) Household appliance, small engine, TV and furniture repair 1 space for each 300 sq. ft. of gross floor area Insurance agents, brokers and service agencies 1 space for each 200 sq. ft. of gross floor area 8 Table 6-1. Table of Off -Street Parking Standards LAND USE PARKING STANDARDS Liquor stores 1 space for each 300 sq. ft. of gross floor area Lumber yards 1 space for each 800 sq. ft. of gross floor area of structure and covered storage area Nurseries 1 space for each 400 sq. ft. of G.F.A. of structure and permanent outside display and sales area Medical and dental laboratories, offices, and clinics 1 space for each 200 sq. ft. of gross floor area Motels and hotels 1.2 spaces for each guest room Multiple use centers (3 or more uses with shared parking) —having less than 25,000 sq. ft. of gross floor area —having 25,001-400,000 sq. ft. of gross floor area —having 400,001-600,000 sq. ft. of gross floor area —having 600,001+ sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area 4 spaces for each 1,500 sq. ft. of gross floor area 5 spaces for each 2,250 sq. ft. of gross floor area 6 spaces for each 2,750 sq. ft. of gross floor area Paint, glass, and wallpaper stores 1 space for each 400 sq. ft. of gross floor area Professional office building for use by accountants, attorneys, etc. 1 space for each 200 sq. ft. of gross floor area Radio and TV studios, offices 1 space for each 300 sq. ft. of gross floor area Real estate offices 1 space for each 200 sq. ft. of gross floor area Residential mini -storage 1 space for each 300 sq. ft. of gross floor area of office space 9 Table 6-1. Table of Off -Street Parking Standards LAND USE PARKING STANDARDS Restaurant, cafe, and drive-in eating facilities 1 space for each 50 sq. ft. of indoor public floor area, and 1 space for each 200 sq. ft. of outdoor public eating area Retail service establishments in Table 4-1 but not listed in this table 1 space for each 300 sq. ft. of gross floor area Retail trade establishments in Table 4-1 but not listed in this table —less than 25,000 sq. ft. of gross floor area —25,001-400,000 sq. ft. of gross floor area —400,001-600,000 sq. ft. of gross floor area —600,001+ sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area 4 spaces for each 1,500 sq. ft. of gross floor area 5 spaces for each 2,250 sq. ft. of gross floor area 6 spaces for each 2,750 sq. ft. of gross floor area Service stations 2 spaces for working/service area, including bays Shoe repair and shoe shops 1 space for each 300 sq. ft. of gross floor area Taverns and bars, dine, drink, and dance establishments 1 space for each 75 sq. ft. of gross floor area Waste material processing and junk handling 1 space for each 500 sq. ft. of gross floor area TRANSPORTATION Bus terminals, storage and maintenance facilities 1 space for each 300 sq. ft. of gross floor area Air, rail and truck terminals 1 space for each 300 sq. ft. of gross floor area 10 Table 6-1. Table of Off -Street Parking Standards LAND USE PARKING STANDARDS Taxicab terminals, maintenance and dispatching centers 1 space for each 300 sq. ft. of gross floor area UTILITIES Utility services 1 space for each 800 sq. ft. of gross floor area WHOLESALE TRADE Wholesale trade warehouses 1 space for each employee based on the maximum working at any given shift; or 1 space for each 300 square feet of gross floor area for packing and processing areas; 2 spaces for the first 1,000 sq. ft. of gross floor area, plus 1 space for each additional 5,000 sq. ft. for CA storage, warehouse, and refrigeration areas; whichever is deemed more appropriate by the reviewing official Residential mini -storage See residential mini -storage under retail and service category How to Use Table 6-1: 1. Calculate the gross floor area area.) 2. Determine the amount of gross 3. Required off-street parking for 4. Find the proposed use in Table Example: — The gross floor area of the structure storage. The parking standard for 1,000 _ 500 = 2 off-street parking — The proposed use is a shoe parking space for each 300 sq. fractions of parking spaces are — The total required off-street parking the rest of the gross area) = 9 spaces. for the structure. (See YMC 15.06.040 to determine gross floor floor area used for storage rooms. storage is one space per 500 square feet. 6-1. is 3,000 sq. ft. 1,000 sq. ft. of the structure is used for storage rooms is one space per 500 sq. ft. (YMC 15.06.040). spaces for the storage area. shop. According to Table 6-1, shoe shops require one off-street ft. of gross floor area. 2,000 _ 300 = 6.6 or seven spaces, since rounded up (YMC 15.06.050(A)). of this use is: 2 spaces (for storage area) + 7 spaces (for 11 (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2014-030 § 5, 2014; Ord. 2011-52 § 7, 2011; Ord. 2010-16 § 7, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-22 §§ 1-3, 2001; Ord. 2001- 14 §§ 1-3, 2001; Ord. 95-36 § 4, 1995; Ord. 93-81 § 28, 1993; Ord. 3106 § 15, 1988; Ord. 3019 § 27, 1987; Ord. 2947 § 1 (part), 1986). 15.06.050 Computation of required spaces. The following rules shall apply in the determination of the number of required off-street parking spaces: A. Fraction. If the number of off-street parking spaces required in Table 6-1 contains a fraction, such number shall be changed to the next higher whole number. B. Mixed Uses. When different uses occupy a single structure or lot, the total required parking spaces shall be the sum of the requirements of the individual uses. C. Shared Uses. 1. Owners of two or more uses, structures, or parcels of land within three hundred feet of each other may share the same parking or loading areas when the hours of operation do not overlap. 2. The owners of two or more uses, structures, or parcels within three hundred feet of each other may also share facilities concurrently; however, the total parking requirements shall be the sum of the requirements for each individual use. 3. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably notify the public of the availability of use, and spaces shall not be assigned, allocated, or reserved between uses. (Also see YMC 15.06.060.) 4. A parking easement approved by the administrative official shall be filed with the county auditor whenever two or more uses propose to share off-street parking facilities. D. Tandem Parking. Parking spaces in tandem, having a single means of ingress and egress, shall not be counted as two off-street parking spaces for the purpose of fulfilling the requirements of this chapter; except that each tandem space for single-family dwellings and duplexes shall be counted as a required parking space. E. Compact Car Parking. For parking areas with twenty or more required parking spaces, up to fifteen percent of the required number of off-street parking spaces may be designed for compact car parking. Compact spaces shall be no less than eight feet by seventeen feet and each space must be labeled individually with a durable pavement marking "Compact." (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2012-34 § 2, 2012; Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 29, 1993; Ord. 3019 § 28, 1987; Ord. 2947 § 1 (part), 1986). 12 15.06.060 Location of required spaces. Off-street parking facilities shall be located according to the following: A. For single-family and two-family dwellings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve. B. For hospitals and convalescent, nursing or rest homes, parking facilities shall be located not more than one hundred fifty feet from the buildings they are required to serve unless they are part of an approved master plan or campus plan. C. For uses other than those specified above, parking facilities shall not be located over three hundred feet from the buildings they are required to serve unless they are part of an approved master plan or campus plan. D. Groups of three or more parking spaces shall be served by a driveway so that no vehicular backing/maneuvering movement will occur within a public right-of-way other than an alley. E. No parking lot or driveway serving a nonresidential use in a commercial or industrial district shall be located in a residential zoning district. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.065 Driveway locations. All proposed or modified driveway approaches shall be shown on a general or detailed site plan. The driveway locations shall conform to the following standards: A. No driveway approach shall be so located as to create a hazard to pedestrians or motorists, or invite or compel illegal or unsafe traffic movements; B. No driveway approach on a local access street may be located closer to the street intersection corner than thirty feet as measured from the property line at the corner; C. No driveway access to an arterial street shall be located within seventy-five feet (measured along the arterial) of any other such arterial street access on the same side of the street; D. No driveway access shall be allowed to an arterial street within seventy-five feet of the nearest right-of-way line of an unsignalized street intersection; E. Internal driveways shall be paved and be a minimum of twelve feet wide for one-way travel and twenty feet wide for two-way travel, or wider if required by the International Fire Code; F. Driveway access shall be limited in the vicinity of a signalized street intersection. No driveway shall be permitted within one hundred feet of a signalized intersection, as measured from the right-of-way line. Any driveway within two hundred feet of the right-of-way line of the intersection shall be restricted to right turns only; 13 G. The construction of new driveway approaches from a public street or a modification of an existing driveway approach requires a construction permit pursuant to YMC Chapter for the specifications of the driveway approach; H. Adjustments from this section may be approved if the modification is reasonable and necessary, and does not create an unsafe condition for motorists or pedestrians; and I. Existing driveways in violation of these standards at the time of adoption will not be deemed nonconforming, but redevelopment of the property requires any new or modified driveway to be consistent with these standards. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 8, 2010: Ord. 2008-46 § 1 (part), 2008). 15.06.070 Schedule of minimum parking dimensions. Driveways and parking stalls shall conform to Table 6-2, which is hereby adopted as the schedule of minimum parking dimensions. (Refer to diagram below. All dimensions are based on a basic nine-foot-by-nineteen-foot stall.) 14 Table 6-2. Standard Parking Lot Dimensions PARKING ANGLE ALONG CURB STALL WIDTH CURB LENGTH PER CAR STALL DEPTH MINIMUM DRIVEWAY WIDTHI LOT WIDTH: 1 ROW + 1 DRIVEWAY PER CAR SQ. FT. LOT WIDTH: 2 ROWS + 1 DRIVEWAY PER CAR SQ. FT. LOT WIDTH: 3 ROWS + 2 DRIVEWAYS PER CAR SQ. FT. LOT WIDTH: 4 ROWS + 2 DRIVEWAYS PER CAR SQ. FT. 0° 8' 23' 8' 12' 20' 460 28' 322 48' 368 56' 322 30° 9' 18' 17'3" 11' 28'4" 510 45'6" 411 66'2" 397 83'6" 376 45° 9' 12'7" 19'8" 13' 32'10" 420 52'5" 336 79'0" 376 98'10" 315 60° 9' 10'4" 21'0" 18' 39'0" 407 60' 313 95'0" 330 116'0" 305 90° 9' 9' 19' 24' 43' 387 62' 279 105' 315 124' 279 1. Ninety -degree parking permits two-way driveway travel. If the angle is less than ninety degrees driveway travel shall be one-way. 15 Figure 6-2 (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 29, 1987; Ord. 2947 § 1 (part), 1986). 15.06.080 Site plan required. A site plan for every new or enlarged off-street parking lot or motor vehicle sales area shall be approved by the administrative official prior to construction. The site plan shall comply with the provisions for general or detailed site plans in YMC 15.11.030 and 15.11.040 and shall also show the proposed development, locations, size, shape and design of the parking spaces, parking circulation plan, curb cuts, lighting, landscaping, irrigation and other features of the proposed parking lot. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.090 Required landscaping of parking areas. A. The standard for landscaping of parking and vehicle storage lots with five or more spaces shall be ten percent of the total parking area. This landscaping area may be included to satisfy the lot coverage (impermeable surface) requirements of Table 5-1. B. The planting area standard, where required, shall be a minimum of twenty-four square feet with the exception of raised planter boxes around buildings. 16 C. A standard of one tree from an approved list shall be planted for every fifteen single -row parking stalls or every thirty double -row parking stalls within the parking lot. D. Landscaping may consist of a combination of trees, shrubs, and groundcover with careful consideration to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions. E. Landscaping shall be located within the parking area, such as in between parking spaces or in parking "islands," or around the perimeter of the parking lot. F. Every parking area that abuts property in any residential district shall be separated from such property by a solid wall, view -obscuring fence, landscaped berm, or compact evergreen hedge at least six feet in height. The administrative official may increase the height, depth, and content of said screening as necessary to adequately protect adjacent single-family residential development. The screening shall be provided and maintained along the property line of such lot. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 9, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 30, 1993; Ord. 2947 § 1 (part), 1986). 15.06.100 Lighting of parking lots. Lighting shall be provided to illuminate any off-street parking or loading space used at night. When provided, lighting shall be directed to reflect away from adjacent and abutting properties. Parking lots adjacent to residential districts or uses shall be designed with down -shielding and luminaries creating no lighting pollution upon those properties. A photometric lighting plan may be required if the parking lot is located adjacent to or abutting residential properties. Further requirements and restrictions are required when the property is located within the airport safety overlay. (See YMC Chapter 15.30.) (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.110 Construction and maintenance. All off-street parking lots, driveways, travel ways, parking aisles, vehicle storage, and vehicle sales lots having a capacity of three or more vehicles shall be constructed in the following manner: A. Surfacing. Paved with two -inch -thick asphaltic surfacing on an aggregate base, or an equivalent surfacing acceptable to the administrative official, so as to eliminate dust or mud. Pervious asphalt or concrete materials are encouraged. B. Grading and Drainage. Graded and drained so all surface water is disposed of on site. Grading and drainage facilities shall be designed according to accepted engineering standards and the Eastern Washington Stormwater Manual, which will require review by the city engineer or a designee. 17 C. Border Barricades. Any parking, vehicle storage, or motor vehicle sales area abutting the street property line shall provide a concrete curb at least six inches in height and located at least two feet from the street property line. The curb shall be securely anchored. No curb shall be required across any driveway or entrance to the parking area, or if the parking lot is separated from the street by a fence or hedge. D. Markings. All parking spaces (except motor vehicles sales areas) shall be marked by durable painted lines at least four inches wide and extending the length of the stall or by curbs or other means approved by the administrative official to indicate individual parking stalls. Signs or markers located on the parking lot surface shall be used as necessary to ensure safe and efficient use of the parking lot. In addition, when required, all accessible parking spaces shall be marked and signed in compliance with the currently adopted International Building Code. The owner or lessee of a required parking area shall maintain the paved surface, drainage facilities, landscaping, and irrigation facilities in conformance with the standards of this chapter and the approved site plan. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 10, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 31, 1993: Ord. 2947 § 1 (part), 1986). 15.06.120 Time of completion. All parking required by this title shall be installed prior to occupancy or commencement of use. Where compliance with this requirement is not possible, the administrative official may grant an appropriate delay under the provisions of YMC 15.12.070(D). (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 15.06.130 Off-street loading space required. Off-street loading and unloading spaces shall be required for any use requiring frequent loading or unloading from trucks or other large vehicles. (See YMC 15.06.030.) A. Loading Space Size. The required loading space shall be of adequate size to accommodate the maximum number and size of vehicles simultaneously loading or unloading at the structure. Each off-street loading space shall have the minimum dimensions of twelve feet in width and twenty-five feet in length. On-site maneuvering space of not less than fifty-two feet in length shall be provided adjacent to the loading dock. This maneuvering space shall not include any area designated for off-street parking. B. Loading Space Location. Required off-street loading and related maneuvering space shall be located only on or abutting the property served. No part of any vehicle using the loading space shall project into the right-of-way of any public or private road. (Ord. 2016- 029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). 18 15.06.140 Nonconforming parking. A. Any use which, on the effective date of the ordinance codified in this section or any amendments hereto, is nonconforming in terms of required off-street parking facilities may continue in the same manner as if they were conforming; however, the number of existing off- street parking spaces shall not be reduced. B. When an existing structure with nonconforming parking is expanded and additional parking is required, the additional parking spaces shall be provided in accordance with the provisions of this chapter; however, the number of additional spaces shall be computed only to the extent of the enlargement, regardless of whether or not the number of previously existing spaces satisfies the requirements of this chapter. C. When the use of an existing lot or structure with nonconforming parking is changed to another use listed in Table 4-1, the nonconformity shall cease and the new use shall provide all the required off-street parking in accordance with the provisions of this chapter. However, this requirement may be waived by the administrative official for existing buildings and/or lots within the CBD or GC zoning districts, containing insufficient area to provide parking, provided the following factors are taken into consideration: 1. New use has similar parking requirements to the previously approved use; 2. The availability of on -street parking; 3. The availability of nearby off-street parking or other opportunities to conform to the parking standard, such as a shared parking agreement; and 4. Location of the business in proximity to the downtown business district exempt area (YMC 15.06.040(C)). (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 11, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986). Chapter 14.20 SUBDIVISION—PROCEDURE Sections: 14.20.010 Simultaneous review. 14.20.020 Preapplication procedure. 14.20.030 14.20.040 14.20.050 14.20.060 Subdivision application—Requirements. Preliminary plat preparation. Preliminary plat contents. Determination of complete application. 14.20.070 Open record public hearing date established. 19 14.20.080 Notice of open record public hearing. 14.20.090 Notice to affected agencies and departments. 14.20.100 Review by city of Yakima planning commission or hearing examiner— Recommendation required. 14.20.110 Preliminary plat—City council determination at public meeting—Procedure for change of recommendation—Time limitation for approval or disapproval. 14.20.120 Preliminary plat—Factors to be considered by city council—Findings— Conditions of approval. 14.20.130 Preliminary plat—Allowance of bond in lieu of actual improvements prior to approval of final plat. 14.20.140 Preliminary plat—Creation of local improvement district in lieu of actual improvements prior to approval of final plat. 14.20.150 Maintenance bond. 14.20.160 Preliminary plat—Expiration of approval—Extension—Conditions. 14.20.170 Preliminary plats—Offers and agreement to sell lots. 14.20.180 Final plat—Submission for approval required—Copies—Fees. 14.20.190 Final plat—Preparation. 14.20.200 Final plat—Conformance with preliminary plat approval. 14.20.210 Final plat—Requirements. 14.20.220 Final plat approval. 14.20.230 Final plat—Recording. 14.20.240 Final plat—Alterations, vacations. 14.20.250 Final plat—Street vacations. 14.20.260 Plat vacation—Requirements for complete application. 14.20.270 Plat vacation—Criteria for approval. 14.20.280 Plat alteration—Requirements for complete application. 14.20.290 Plat alteration—Criteria for approval. 14.20.010 Simultaneous review. Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat application shall be processed simultaneously with applications for rezones, variances, planned developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 20 14.20.020 Preapplication procedure. A subdivision applicant may first prepare and submit a preapplication drawing of the proposed subdivision showing the proposed layout of the lots, streets, and utilities. The administrator shall then schedule an informal meeting with the subdivision applicant and the design services team (DST) to review the proposal. Based upon information acquired during this meeting, the subdivision applicant may then prepare a preliminary plat and submit an application for the proposed subdivision. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.030 Subdivision application—Requirements. A. A subdivision application may be submitted by an owner or owners of land, or by an authorized agent of an owner or owners, or by a duly authorized representative of any governmental agency if the subdivision is sought for a governmental purpose, and such application shall be filed with the city office of environmental planning. B. Each subdivision application shall include the following: 1. A written application on a form provided by the planning division and signed by the land owner, owners, or authorized agent. 2. A current preliminary land title commitment. 3. Twenty copies of the proposed preliminary plat of the property, prepared according to the requirements of YMC 14.20.050. 4. A nonrefundable application fee according to the current fee schedule adopted by city council. 5. A completed environmental checklist pursuant to the provisions of the State Environmental Policy Act (SEPA) and YMC Chapter 6.88 together with a nonrefundable processing fee according to the current fee schedule as adopted by city council. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.040 Preliminary plat preparation. The proposed preliminary plat shall be prepared by a land surveyor registered in the state of Washington. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.050 Preliminary plat contents. The proposed preliminary plat shall be legibly drawn at a scale of one inch equals one hundred feet or larger and shall be at least eighteen inches by twenty-four inches in size. It shall show: A. All existing lots or parcels included in the proposed subdivision. B. The proposed name of the subdivision. This name shall not duplicate any name used on a recorded plat or subdivision in Yakima County, including the municipalities of Yakima County. C. An accurate and complete legal description of the proposed subdivision. 21 D. Scale, north arrow, and date. E. Boundary lines based upon a recent land survey of the land proposed to be subdivided and boundary lines of all proposed lots and streets. F. Location and size of water and sewer lines, utility easements, and drainage system proposed to serve the lots within the proposed subdivision and their point(s) of connection with existing services. G. Location, size, purpose, and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land. H. Location of any streets, rights-of-way, or easements proposed to serve the lots within the proposed subdivision with a clear designation of their size, purpose, and nature. I. Parcels of land intended or required to be dedicated for streets or other public purposes. J. Contour lines at two-foot elevation intervals for slopes less than ten percent and five-foot elevation intervals for slopes more than ten percent. Elevations shall be based upon city of Yakima datum if available. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.060 Determination of complete application. Upon receiving a subdivision application, the administrator shall have twenty-eight days to determine if the application is complete. If the application is not complete, the administrator will notify the applicant of such determination and what is necessary to make the application complete. Within fourteen days after an applicant has submitted additional necessary information, the administrator shall determine whether or not the application is complete and notify the applicant accordingly. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.070 Open record public hearing date established. When the administrator determines that a complete subdivision application has been submitted, the administrator shall set a date for an open record public hearing on the application before the city of Yakima planning commission, or the hearing examiner. The administrator may establish deadlines for submittal of applications prior to regular monthly planning commission or hearing examiner hearing dates; however, the hearing date shall not be set more than sixty days, nor less than twenty days, from the date that an application is determined to be complete. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.080 Notice of open record public hearing. A. The city shall give notice of the open record public hearing before the city of Yakima planning commission or the hearing examiner as follows: 22 1. By publication of notice at least once, not less than ten calendar days prior to the hearing, in a newspaper of general circulation within Yakima County and a newspaper of general circulation in the area where the real property to be subdivided is located. 2. At least ten calendar days before the date of the open record public hearing, notice of the hearing shall be sent by first class mail to all owners, as shown on the records of the Yakima County assessor, of land located within three hundred feet of: (1) the land proposed to be subdivided, and (2) any land adjacent to the land proposed to be subdivided which is also owned by an owner of the land proposed to be subdivided. 3. Additional notice of such hearing shall be given to the board of Yakima County commissioners and the Yakima County planning department upon the filing of a preliminary plat of a proposed subdivision adjoining the municipal boundaries of the city of Yakima. 4. Additional notice of such hearing shall be given to the Washington State Department of Transportation upon the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway. B. The notice of application will follow the notice requirements of Yakima Municipal Code Chapter 16.05 and may either be a postcard format or letter size paper. (Ord. 2011-08 § 1 (part), 2011: Ord. 2010-31 § 2, 2010: Ord. 98-65 § 2 (part), 1998). 14.20.090 Notice to affected agencies and departments. Upon determining that a subdivision application is complete, the administrator shall, when determined appropriate to do so, notify the following agencies and departments of the date, hour, and location of the public hearing, together with a copy of the preliminary plat: A. City director of public works; B. City office of code enforcement; C. City office of engineering; D. Yakima County clean air authority; E. Appropriate irrigation district or company; F. Private water company; G. City fire department; H. City police department; I. Yakima health district; J. Yakima County department of public works; K. Affected school district; L. Local office of the Washington State Department of Ecology; 23 M. Local office of the United States Soil Conservation Service; N. The office of any electrical distribution company servicing the area; O. The office of any telephone company servicing the area; P. The office of any natural gas company servicing the area; Q. Any other affected utility company or special district. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.100 Review by city of Yakima planning commission or hearing examiner— Recommendation required. A. The city of Yakima planning commission or the hearing examiner shall review the proposed subdivision during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: 1. The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance; 2. The proposed subdivision must be consistent with the city of Yakima's comprehensive plan; 3. The proposed subdivision must be consistent with the provisions of this title; 4. As required by RCW Chapter 58.17, the proposed subdivision must make appropriate provisions for: a. Public health, safety, and general welfare; b. Open spaces; c. Drainage ways; d. Streets or roads, alleys, and other public ways; e. Transit stops; f. Potable water supplies, irrigation and other water suppliers; g. Sanitary waste disposal; h. Parks and recreation; i. Playgrounds; j. Schools and school grounds; k. Sidewalks; I. Other planning features that assure safe walking conditions for students who walk to and from school; 5. Based upon standards in subsections (A)(1) through (A)(4) of this section, a finding that the public use and interest will be served by the approval of this subdivision. 24 B. The city of Yakima planning commission or the hearing examiner shall submit a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the city council no later than ten working days following the open record public hearing. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.110 Preliminary plat—City council determination at public meeting—Procedure for change of recommendation—Time limitation for approval or disapproval. A. Upon receipt of the recommendation of the city of Yakima planning commission or the hearing examiner on any preliminary plat of a proposed subdivision, the city council shall at its next public meeting set the date for a closed record public hearing to consider the proposed subdivision and recommendation. B. The city council shall conduct a closed record public hearing on all preliminary plats. Review by the council shall be based upon the record, which shall include all materials properly submitted at any previous stage of the review, the written documents and exhibits and oral comments of the parties and interested persons offered at the open record public hearing, audio/video tapes of the open record public hearing and the recommendation. The city council may also consider written or oral remarks regarding the facts in the record as it was developed before and was considered by the city of Yakima planning commission or the hearing examiner. Only for good cause shown, as determined by the city council, may a party submit at the closed record public hearing information which was not part of the record as it was developed before and was considered by the city of Yakima planning commission or the hearing examiner. Following the closed record public hearing, the city council may (1) affirm the decision of the city of Yakima planning commission or the hearing examiner, (2) remand the matter back to the city of Yakima planning commission or the hearing examiner with appropriate directions, or (3) reverse or modify the city of Yakima planning commission's or the hearing examiner's recommendation. The city council shall adopt written findings and conclusions in support of its decision. If the city council affirms the recommendation to approve or disapprove the preliminary plat, it may adopt the findings, conclusions, and recommendation. If the city council rejects the recommendation, it shall adopt appropriate findings and conclusions. C. A record of all meetings and hearings concerning the proposed subdivision shall be kept and shall be open to public inspection. D. Each preliminary plat of a proposed subdivision and any associated dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety calendar days from the date that an application has been deemed as complete unless the applicant consents to an extension of such time period; provided, that if an environmental 25 impact statement is required as provided in RCW 43.21C.030, the ninety -day period shall not include any of the time devoted by the city to any preparation or circulation of such environmental impact statement. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.120 Preliminary plat—Factors to be considered by city council—Findings—Conditions of approval. A. The city council shall review the proposed subdivision and the recommendations and findings of the city of Yakima planning commission or the hearing examiner. If city council determines the standards of this section are satisfied, then it shall approve the preliminary plat. If city council determines that the standards of this section have not been satisfied, then it shall adopt its own recommendations and disapprove the preliminary plat. B. The city council shall, in making its determination pursuant to subsection A of this section, consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. The city council may, as the alternative to disapproval, require construction of protective improvements for flood, inundation or swamp conditions as a condition of approval of the preliminary plat of a proposed subdivision. No preliminary plat shall be approved by the city council covering any land situated in a flood control zone as provided in RCW Chapter , ` without the prior written approval of the Washington State Department of Ecology. C. The city council may require dedication of land to any public body as a condition of approval of the preliminary plat of a proposed subdivision. If the proposed subdivision includes a dedication, city council may require a waiver of the right of direct access to any street from any property. D. The city council shall not require a release from damages to be procured from other property owners as a condition of approval of a proposed subdivision. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). 14.20.130 Preliminary plat—Allowance of bond in lieu of actual improvements prior to approval of final plat. A. As an alternative to construction of required improvements prior to final plat approval, the subdivision applicant may provide a surety bond or other secure method acceptable to the city council which provides for and secures to the city the actual construction of the improvements. B. The value of the bond or security shall be one hundred ten percent of the estimated cost of the improvements. The estimated cost shall be based upon the approved civil engineering design of the required improvements. 26 C. An application for use of a surety bond or other method of security shall be made to the city engineer and shall describe the method of security to be provided and the estimated cost of the required improvements. The application, including the estimated cost of improvements and the general terms of the security agreement, shall be subject to review and approval by the city engineer and the city attorney, who shall notify the subdivision applicant of tentative approval or rejection of the application within fourteen days after its filing. D. After tentative approval of an application has been given by the city engineer and the city attorney as provided in subsection C of this section, the subdivision applicant shall submit the bond or other method of security to the city engineer for final review and approval. (Ord. 2011- 08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.121). 14.20.140 Preliminary plat—Creation of local improvement district in lieu of actual improvements prior to approval of final plat. In lieu of the actual installation or construction of required improvements prior to approval of the final plat, the city council may authorize the creation of a local improvement district pursuant to a request therefor made by the owner, the creation of which district, and the lapse of the time period for protests against the creation thereof, shall be deemed by the city to be sufficient assurance that improvements will be installed. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.130). 14.20.150 Maintenance bond. A. The subdivision applicant shall file with the city engineer a maintenance bond or propose some other method of security providing for and securing to the city of Yakima the successful operation of required improvements for one year and assuring the correction or repair of any defects in workmanship or material appearing within that one-year period. B. The amount and conditions of the maintenance bond or other method of security shall be subject to approval by the city engineer and city attorney. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.140). 14.20.160 Preliminary plat—Expiration of approval—Extension—Conditions. A. Approval of preliminary plats of proposed subdivisions shall expire in accordance with the timelines below from the date of city council approval thereof. The council shall, upon written application of the subdivision applicant at least thirty days prior to such expiration, grant an extension for a maximum period of one year upon a showing that the applicant has attempted in good faith to submit the final plat within the submission timeline. The timeline to submit a final plat is as follows: 27 1. Seven (7) years if the date of preliminary plat approval is on or before December 31, 2014. 2. Five (5) years if the date of preliminary plat approval is on or after January 1, 2015. 3. Ten (10) years if the project is located within city limits, not subject to the shoreline management act, and the preliminary plat is approved on or before December 31, 2007. B. The city council shall determine whether to grant an extension of time on the basis of the past diligence and future plans of the subdivision applicant, as well as the original recommendation. C. Any extension of time granted pursuant to this section shall be conditioned upon the proposed subdivision's compliance with all subdivision requirements in effect on the date that such extension is granted. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.150). 14.20.170 Preliminary plats—Offers and agreement to sell lots. An offer or agreement to sell, lease, or otherwise transfer a lot following preliminary plat approval that is not expressly conditioned on the recording of the final plat containing the lot violates this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.155). 14.20.180 Final plat—Submission for approval required—Copies—Fees. A. A final plat of a proposed subdivision may be submitted for approval by the city council by filing the proposed final plat with the planning division within five years from the date of approval of the preliminary plat or within the time provided as an extension granted by the city council. B. Each final plat submitted for approval shall be accompanied by an original reproducible drawing of the subdivision, four copies thereof, and a current title report. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.160). 14.20.190 Final plat—Preparation. A. Each final plat shall be prepared by a land surveyor registered in the state of Washington and certified by the surveyor to be a true and correct representation of lands actually surveyed by him. B. The final plat shall be prepared by the surveyor in accordance with the provisions of the Survey Recording Act (RCW Chapter 58.09) as it now exists or is hereafter amended. C. The land survey of the final plat shall be referenced from two monumented section or quarter section corners or, if the land lies within an existing subdivision, from two controlling monuments within the existing subdivision. 28 D. Permanent survey monuments, as defined in YMC Chapter 14.10, shall be placed at all lot corners and street intersections. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.170). 14.20.200 Final plat—Conformance with preliminary plat approval. A proposed final plat must conform to the conditions of preliminary plat approval. The city council may approve a proposed final plat which, because of unforeseen technical or engineering problems, involves minor deviations from the preliminary plat. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.180). 14.20.210 Final plat—Requirements. Each final plat submitted for approval shall be drawn at a scale of one inch equals one hundred feet or larger, shall be eighteen inches by twenty-four inches in size, and shall contain the following information on the face of the plat or on additional sheets if approved by the administrator: A. Date, north arrow and scale. B. Name of the subdivision. C. Accurate and complete legal description of the subdivision on the face of the final plat. D. A complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. E. Boundary lines of the subdivision; of the proposed lots therein; of the rights-of-way for any streets, highways, roads, easements or other uses; and of any associated dedications; all to be indicated by accurate dimensions, bearing or deflection angles, and radii, arcs, and central angles of all curves. F. Notation and description of any protective improvements or dedications required by the city council or otherwise provided. G. Reference to any recorded subdivision or short subdivision adjoining the subdivision. H. Name and right-of-way width of each street or other right-of-way. I. Location, dimensions, and purpose of any easements. J. Number to identify each lot and block. K. Addresses for each lot within the plat. L. Purpose for which sites, other than residential lots, are dedicated or reserved. M. Certificate by the professional surveyor certifying to the accuracy of the survey and plat in substantially the following form: , a Professional Land Surveyor, do hereby certify that the plat of is based upon an actual 29 survey and subdivision of Section , Township , Range , that the distances, courses, and angles are shown thereon correctly and that monuments and lot corners have been set on the ground as shown on the plat. (Surveyor's signature and seal) N. Acknowledged certificate of free consent executed by all parties having any interest in the lands being subdivided as shown by a current title report; and also, in the case of plats containing a dedication of roads, streets, or other areas, the dedication, waiver of claims for damages, and, if required, a waiver of direct access, all pursuant to RCW 58.17.165 and in a form substantially the same as specified by YMC 14.15.090(1). O. If the subdivision lies wholly or in part in an irrigation district, a statement evidencing irrigation water right-of-way in substantially the following form: The property described hereon is wholly or in part within the boundaries of the Irrigation District and all Tots within the short plat are subject to the terms, conditions, reservations and obligations in the present and future concerning irrigation water rights-of-way and easements as may be imposed by said district in accordance with the law. P. Dedication by the owner of streets, rights-of-way, easements, and any sites for private, semi -private, or public use. Q. The signature of the city engineer or other licensed engineer acting on behalf of the city. Signature by the city engineer shall certify that the subdivision applicant has either: 1. Completed all improvements in accordance with these regulations and with the action of the city council; or 2. Submitted a bond or other method of security in accordance with the provisions of YMC 14.20.130 sufficient to assure completion of all required improvements. R. The signature of the administrator certifying that the final plat conforms to the conditions of approval for the preliminary plat. S. A space for the signature of the mayor, whose signature shall evidence the approval of the final plat by the Yakima city council. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.190). 14.20.220 Final plat approval. A. Upon receipt of a final plat meeting the requirements of YMC 14.20.210, the city council shall, at its next public meeting, set a date for consideration of the final plat. Notice of the date, time, and location of the public meeting shall be given to the subdivision applicant, surveyor, city 30 engineer, and the Yakima County health officer at least ten days prior to the date of the public meeting. B. The city council shall review the final plat during the public meeting and shall approve the final plat if the city council determines that the final plat conforms to the conditions of preliminary plat approval and applicable state laws and meets the requirements of YMC Title 14 as they existed when the preliminary plat was approved. C. Upon approving any final plat, the city council shall authorize the mayor to sign the final plat as evidence of city council approval. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.200). 14.20.230 Final plat—Recording. All final plats approved by the city council and signed by the mayor shall be filed for record immediately, or as soon as possible, by the subdivision applicant in the Yakima County auditor's office. The subdivision applicant shall be responsible for all filing fees. Any final plat filed for record containing a dedication shall be accompanied by a current title report. A copy of the recorded plat shall be provided to the city prior to the issuance of any building permits. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.210). 14.20.240 Final plat—Alterations, vacations. A. The alteration or vacation of final plats filed for record in the office of the Yakima County auditor shall comply with the provisions of RCW Chapter 58.17. B. All petitions for plat alterations or vacations, except as provided for in YMC 14.05.160 and 14.05.170, shall be submitted on forms provided by the planning division and shall be reviewed by the hearing examiner at an open record public hearing. YMC 1.43.080(D) delegates to the hearing examiner final authority on plat alterations. The final amended plat will be prepared in accordance with the hearing examiner's decision and submitted to the hearing examiner or administrator for signature. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.220). 14.20.250 Final plat—Street vacations. A. The vacation of any street within a final plat filed for record in the office of the Yakima County auditor shall comply with the provisions of RCW Chapter 35.79 and the procedures of YMC 1.43.080(H). B. All petitions for street vacations or resolutions of the city council initiating the same shall be reviewed by the hearing examiner and a recommendation made thereon to the city council prior to council action. 31 C. The abutting property owners of any street, alley, or other public way proposed to be vacated may be required to compensate the city of Yakima for vacated public right-of-way in accordance with the current city council policy on said compensation. (Ord. 2013-033 § 2 (Exh. B), 2013: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.230). 14.20.260 Plat vacation—Requirements for complete application. An applicant for a plat vacation shall submit the following items and information: A. The reasons for the proposed vacation; B. Signatures of all parties having an ownership interest in that portion of the subdivision proposed to be vacated; C. If the subdivision is subject to any covenants which were filed when the subdivision was approved, and whether the proposed vacation would result in the violation or failure of any such covenant, the application shall include an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the proposed vacation of the subdivision or portion thereof; D. A copy of the approved plat proposed to be vacated, together with all plat amendments recorded since the date of the original approval. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.240). 14.20.270 Plat vacation—Criteria for approval. A. Approval. The hearing examiner shall render the final decision on proposed plat vacations. The hearing examiner's decision may be appealed to the city council. See YMC Chapter 14.50 for appeal procedures. B. Criteria for Approval. The proposed plat vacation may be approved or denied after a written determination is made whether the public use and interest will be served by the proposed vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not already deeded to the city, shall be deeded to the city unless the hearing examiner finds that the public use would not be served by retaining the public interest in such land. C. Vacation of Streets or Other Public Rights -of -Way. When the vacation application specifically proposes vacation of a city street or other public right-of-way, the city's street vacation procedures shall be utilized. When the application is for the vacation of a plat together with any street or other public right-of-way, the procedure for vacation in this section shall be used, but no street or other public right-of-way may be vacated contrary to the provisions of RCW Chapter 35.79 or the city's street vacation ordinance. 32 D. Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement holder, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.250). 14.20.280 Plat alteration—Requirements for complete application. An applicant for a plat alteration shall submit the following: A. Signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered; B. If the subdivision is subject to restrictive covenants filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof; C. A copy of the approved plat sought to be vacated, together with all plat amendments recorded. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.260). 14.20.290 Plat alteration—Criteria for approval. A. Approval. The hearing examiner shall render the final decision on proposed plat alterations. The hearing examiner's decision may be appealed to the city council. See YMC Chapter 14.50 for appeal procedures. B. Criteria for Approval. The plat alteration may be approved or denied after a written determination is made whether the public use will be served by the alteration of the subdivision. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. C. Revised Plat. After approval of the alteration, the final amended plat will be prepared in accordance with the hearing examiner's decision and submitted to the hearing examiner or administrator for signature, after which, it shall be filed with the county auditor to become the lawful plat of record. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.270). 33 Chapter 15.27 CRITICAL AREAS* Sections: Part One. General Provisions 15.27.100 Chapter and authority. 15.27.110 Language interpretation. 15.27.120 Purpose of chapter. 15.27.130 Intent of chapter. 15.27.140 Applicability. 15.27.150 Science and protection of anadromous fish. 15.27.160 Administrative authority. 15.27.170 Severability. Part Two. Definitions 15.27.200 Definitions generally. Part Three. Application and Review Procedures Article I. General Provisions 15.27.300 Critical area development authorization required. Article II. Inquiry and Early Assistance 15.27.301 Critical area identification form and critical areas report requirements. 15.27.302 Preapplication conference. Article III. Abbreviated Review Alternatives 15.27.303 Minor activities allowed without a permit or exemption. 15.27.304 Documented exemption—Procedural requirements. 15.27.305 Documented exemptions for fish and wildlife habitat conservation areas and wetlands. 15.27.306 Documented exemptions for geologically hazardous areas development authorizations. 15.27.307 Mitigation requirements. Article IV. Review Process 15.27.308 Application submittal. 15.27.309 Determination of review process. 15.27.310 Development authorization—Review procedure. 15.27.311 Authorization decisions—Basis for action. 15.27.312 Conditional approval of development authorization. 15.27.313 Fees and charges. Article V. Critical Areas Reports 15.27.314 Critical area report requirements. 15.27.315 Supplemental report requirements for specific critical areas. Article VI. Permit Review Criteria 15.27.316 Standard development permit. 15.27.317 Adjustment. 15.27.318 Reasonable use exception. 15.27.319 Minor revisions to approved uses or development. 15.27.320 Nonconforming uses and facilities. 15.27.321 General critical areas protective measures. 34 Part Four. Flood Hazard Areas Article I. Flood Hazard Areas—General Provisions 15.27.400 Flood hazard areas established. 15.27.401 Principles. 15.27.402 Applicability. 15.27.403 Documented exemptions. 15.27.404 Interpretations. 15.27.405 Compliance. 15.27.406 Warning and disclaimer of liability. Article 11. Flood Hazard Protection Standards 15.27.407 General standards. 15.27.408 Specific standards. Article III. Floodway Fringe Uses 15.27.409 Permitted uses. 15.27.410 Prohibited uses. Article IV. Floodway Uses 15.27.411 Permitted uses. 15.27.412 Prohibited uses. 15.27.413 Nonconforming uses and facilities. Article V. Flood Hazard Protection Administration 15.27.414 Administration. 15.27.415 Authority. 15.27.416 Permit—Required. 15.27.417 Permit—Application. 15.27.418 Permit—Review. 15.27.419 Use of available data. 15.27.420 Limitations. 15.27.421 Permit—Expiration and cancellation. 15.27.422 Performance bonds. 15.27.423 Appeals. 15.27.424 Coordination. Article VI. Elevation and Floodproofing Certification 15.27.425 Applicability. 15.27.426 Certification form. 15.27.427 Information to be obtained and maintained. 15.27.428 Certification responsibility. Article VII. Flood Hazard Variances 15.27.429 Procedure. 15.27.430 Variance limitations. 15.27.431 Conditions for authorization. 15.27.432 Administrative official's decision. 15.27.433 Notification and final decision. 15.27.434 Power to refer decisions. 15.27.435 Appeals. 15.27.436 Federal flood hazard map correction procedures. Part Five. Fish and Wildlife Habitat Conservation Areas Article 1. Introduction 15.27.500 Purpose and intent. 15.27.501 Protection approach. Article 11. Designation and Mapping 15.27.502 Designation. 35 15.27.503 Habitat and habitats of local importance. 15.27.504 Functional properties. 15.27.505 Streams, lakes and ponds typing system. 15.27.506 Wetland rating system. 15.27.507 Maps. Article III. General Development Standards 15.27.508 Prohibited uses. 15.27.509 General policies and standards. Article IV. Buffer Requirements 15.27.510 Vegetative buffers. Article V. Land Modification Development Standards 15.27.511 Roads, railroads, and parking. 15.27.512 Utility transmission lines and facilities. 15.27.513 Bank stabilization. 15.27.514 Dredging and excavation. 15.27.515 Filling. 15.27.516 Commercial mining of gravel. 15.27.517 Reclamation. Part Six. Wetlands 15.27.600 Purpose and intent. 15.27.601 Designating and mapping. 15.27.602 Protection approach. 15.27.603 Wetland functions and rating. 15.27.604 Compensatory mitigation requirements. 15.27.605 Wetland mitigation banks. Part Seven. Geologically Hazardous Areas 15.27.700 Purpose and intent. 15.27.701 Mapping and designation. 15.27.702 Geologically hazardous areas protection approach. 15.27.703 Development review procedure for geologically hazardous areas. 15.27.704 General protection requirements. Part Eight. Critical Aquifer Recharge Areas (CARA) 15.27.800 Purpose and intent. 15.27.810 Mapping. 15.27.820 Protection approach. * Prior legislation: Ord. 2008-04. Part One. General Provisions 15.27.100 Chapter and authority. This chapter is established pursuant to RCW 36.70A.060 (Growth Management Act Natural Resource Lands and Critical Areas—Development Regulations), RCW Chapter 43.21C (State Environmental Policy Act), and federal requirements for eligibility in the National Flood Insurance Program, pursuant to Title 42 of the Code of Federal Regulations (CFR). This chapter shall be known as the "critical areas ordinance of the city of Yakima, Washington." (Ord. 2008- 46 § 1 (part), 2008). 15.27.110 Language interpretation. Unless specifically defined in Part Two (YMC 15.27.200), words, phrases and terms in this chapter shall be interpreted to provide meaning and to give this chapter its most reasonable application. 1. "Shall" is mandatory; 2. "May" is discretionary and does not impose a requirement; 3. "Should" is always advisory; 36 4. "Include(s)" means the containment within as a subordinate part of a larger whole. When not inconsistent with the context, words used in the present tense include the future; the singular includes the plural; and the plural, the singular. (Ord. 2008-46 § 1 (part), 2008). 15.27.120 Purpose of chapter. The purpose of this chapter is to establish a single, uniform system of procedures and standards for development within designated critical areas outside of shoreline jurisdiction within the incorporated city of Yakima. (Ord. 2008-46 § 1 (part), 2008). 15.27.130 Intent of chapter. A. This chapter establishes policies, standards, and other provisions pertaining to development within designated critical areas regulated under the provisions of the Growth Management Act (RCW 36.70A) and development regulated under the National Flood Insurance Program. Flood hazard areas, fish and wildlife habitat conservation areas, wetlands, geologically hazardous areas, and areas with a critical recharging effect on aquifers used for potable water constitute the city of Yakima's critical areas pursuant to WAC 365-190-030. These areas are of special concern to the people of the city of Yakima and the state of Washington because they are environmentally sensitive lands, or hazardous areas, which comprise an important part of the state's natural resource base. The policies, standards, and procedures of this chapter are intended to: 1. Preserve development options within designated critical areas where such development will result in the level of "no net loss" of the functions and values of the critical areas; 2. Where appropriate, avoid uses and development which are incompatible with critical areas; 3. Prevent further degradation of critical areas unless the degradation has occurred beyond feasible protection; 4. Conserve and protect essential or important natural resources; 5. Protect the public health, safety, and general welfare; 6. Further the goals and policies of the Comprehensive Plan 2040; 7. Implement the goals and requirements of the Washington Growth Management Act (RCW 36.70A), and the National Flood Insurance Program (CFR Title 42); 8. Recognize and protect private property rights; and 9. Provide development options for landowners of all existing lots to the greatest extent possible, through the establishment of adjustment, reasonable use, and nonconforming use and facility provisions. B. The policies, standards and procedures of this chapter are not intended to: 1. Regulate the operation and maintenance of existing, legally established uses and structures, including but not limited to vegetative buffers on existing uses that have been reduced in width prior to the effective date of this chapter; 2. Result in an unconstitutional regulatory taking of private property; 3. Require the restoration of degraded critical areas for properties in a degraded condition prior to the effective date of this chapter, unless improvement of the buffer is needed for new development proposed on the property; 4. Presume that regulatory tools are the only mechanism for protection; or 5. Prohibit the use of valid water rights. (Ord. 2008-46 § 1 (part), 2008). 15.27.140 Applicability. A. The provisions of this chapter shall apply to any new development, construction, or use within the incorporated portion of the city of Yakima, outside of shoreline jurisdiction, designated as a critical area and upon any land mapped and designated as a special flood hazard area under the National Flood Insurance Program. However, this chapter does not apply to the situations below, except that the flood hazard protection provisions of Part Four of this chapter will continue to apply as determined by YMC 15.27.400 through 15.27.406: 37 1. Within designated critical areas, there may exist lots, structures, and/or uses which were lawfully established prior to the adoption of this chapter, as provided below, but which would be subsequently prohibited, regulated, or restricted under this chapter. Such existing lots, structures, and/or uses shall be classified as legally nonconforming uses. 2. It is the intent of this chapter to permit these pre-existing legally nonconforming uses and structures to continue until such time as conformity is possible: a. Critical areas on federally owned lands are not subject to the provisions of this chapter; b. Minor, temporary, or transient activities (including those of a recreational nature) that do not alter the environment or require a dedicated staging area, use area, or route (including temporary signs) are not subject to this chapter; c. Mining, as defined in YMC 15.27.200, which is carried out under a Washington Department of Natural Resources reclamation permit is not subject to the geologically hazardous areas provisions of this chapter for erosion hazard areas, oversteepened slope hazard areas, landslide hazard areas and suspected geologic hazard areas. Other critical areas provisions continue to apply. B. The adoption and amendment dates of the relevant regulations are provided below: 1. Critical areas ordinance adopted 1998; 2. Flood hazard ordinance adopted 1981; and 3. Other rules and regulations, including the city of Yakima subdivision ordinance (YMC Title 14), the city of Yakima urban area zoning ordinance (YMC Title 15), and the buildings ordinance (YMC Title 11), shall remain in full force and effect as they apply to a designated critical area. Wherever the requirements of this chapter conflict with the requirements of the Yakima urban area zoning ordinance, the subdivision ordinance or any other lawfully adopted municipal rules or regulations, the most restrictive standards shall apply. (Ord. 2008-46 § 1 (part), 2008). 15.27.150 Science and protection of anadromous fish. This chapter has been updated consistent with the requirements for using the best available science and protection of anadromous fish as required by: A. RCW 36.70A.172, Critical Areas—Designation and Protection—Best Available Science to Be Used; and B. WAC 365-195-900 through 365-195-925, Growth Management Act—Procedural Criteria for Adopting Comprehensive Plans and Development Regulations—Part 9—Best Available Science. (Ord. 2008-46 § 1 (part), 2008). 15.27.160 Administrative authority. A. The city of Yakima community and economic development department—code administration and planning division shall be responsible for the general administration of this chapter. The director of the community and economic development department or the director's designee shall serve as the administrative official of this chapter. The administrative official shall establish procedures for implementation of this chapter. B. A written request for an interpretation of any provision of this chapter may be submitted to the administrative official. Each request shall set forth the specific provision(s) to be interpreted, and the facts of the specific situation giving rise to the request. Interpretations shall be processed in accordance with YMC Chapter 15.22, Interpretations. (Ord. 2009-42 § 1, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.170 Severability. If any provision of this chapter or its application to any person or legal entity or circumstances is held to be invalid, the remainder of said chapter or the application of the provision to other persons or legal entities or circumstances shall not be affected. (Ord. 2008-46 § 1 (part), 2008). 38 Part Two. Definitions 15.27.200 Definitions generally. Definitions listed in Part Two of this chapter shall be applied to the regulation, review, and administration of all critical areas, including flood hazard areas, unless the definition itself identifies the term as applying to flood hazard administration, in which case the definition only applies to that situation. "Abutting" means bordering upon, to touch upon, or in physical contact with. Sites are considered abutting even though the area of contact may be only a point. "Adjacent" means to be nearby and not necessarily abutting. "Alluvial fan" is a low, outspread, relatively flat to gently sloping feature, shaped like an open fan or a segment of a cone, deposited by a stream at the place where it issues from a valley upon a plain or broad valley; where a tributary stream is near or at its junction with the main stream; or wherever a constriction in a valley abruptly ceases or the gradient of the stream suddenly decreases. It is steepest near the mouth of the valley where its apex points upstream and it slopes gently and convexly outward with gradually decreasing gradient. "Applicant" means a person, party, firm, corporation, or other legal entity that proposes development, construction, or use on a parcel of property. "Aquifer" means a saturated geologic formation, which will yield a sufficient quantity of water to serve as a private or public water supply. "Bank" means the land surface above the ordinary high water mark that abuts a body of water and contains it to the bankfull depth. "Bank stabilization" means the construction or modification of bulkheads, retaining walls, dikes, levees, riprap, breakwaters, jetties, groins, weirs, and other structures along a bank, for the purpose of controlling stream undercutting or bank erosion. "Bankfull depth" means the average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect a terrace or hillslope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels along the cross-section. "Base flood," for purposes of administering Part Four, means the flood having a one percent chance of being equaled or exceeded in any given year. (See IBC Section 1612.2.) "Base flood elevation," for purposes of administering Part Four, means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum, North American Vertical Datum, or other datum specified on the Flood Insurance Rate Map. (See IBC Section 1612.2.) "Basement," for purposes of administering Part Four, means any area of the building having its floor subgrade (below ground level) on all sides. (See IBC Section 1612.2.) "Bed" means the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, stormwater run-off devices, or other artificial watercourses except where they exist in a natural watercourse that may have been altered by unnatural means. "Bedrock" means the solid rock underlying unconsolidated surface materials. "Berm" means a mound or wall of earth material used as a protective barrier or to control the direction of water flow. "Best management practices" or "BMPs" means schedules of activities, practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in a combination, prevent or reduce adverse impacts to the environment. "Bioengineering" means project designs or construction methods, which use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank which is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat 39 features important to fish life. Use of wood structures or limited use of clean angular rock may be allowable to provide stability for the establishment of vegetation. "Breakwater" means a fixed or floating in-water structure that protects the bank from the forces of waves or currents. "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the bank consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion. "Building official" means the manager of the code administration and planning division or a designee. "Channel" means an open conduit, either naturally or artificially created, which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. "Classification" means value and hazard categories to which critical areas and natural resource lands will be assigned. "Clearing" means the removal of timber, brush, grass, ground cover or other vegetative matter from a parcel of land. "Compaction" means compressing soil or other material through some mechanical means to make it denser. "Construction" means the assembly, placement, or installation of structures, roadways, transmission lines, and other improvements within a parcel of land. "Construction materials," for the purpose of Part Four, means all new construction and substantial improvements shall be constructed with material and utility equipment resistant to flood damage. See Technical Bulletin 2-93 for qualifying materials. (FEMA Section 60.3(a)(3)(ii)) "Construction methods," for the purpose of Part Four, means all new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. "Critical aquifer recharge area" means an area with a critical recharging effect on an aquifer(s) used for potable water or areas where a drinking water aquifer is vulnerable to contamination that would affect the potability of the water. "Designated" means formal legislative action to identify and describe a critical area. "Department" means the city of Yakima department of community development. "Development" means the division of land into lots or parcels in accordance with the city's subdivision ordinance (YMC Title 14), and any clearing, excavation, dredging, drilling, filling, dumping, removal of earth and mineral materials, or other permanent or temporary modification of a parcel of land up to, but not including, "construction" as defined in this chapter. For the purpose of YMC 15.27.400 through 15.27.436, "development" also means any manmade change to improved or unimproved real estate located within a special flood hazard area, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, temporary or permanent storage of equipment or material and "works" as defined in this chapter. (See IBC Section G 201.2) "Dike" means an embankment to prevent flooding by a stream or other water body. A dike is also referred to as a levee. "Dock" means a structure built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming, and other recreational uses. "Dredging" means removal of earth from the bed of a stream, lake, or pond for the purpose of increasing the depth of surface water or obtaining minerals, construction aggregate, or landfill materials. This definition does not include excavation for mining within a pond created by a mining operation approved under this chapter or under a local zoning ordinance, or a mining operation in existence before zoning, shorelines, or critical areas permits were required for such operations. "Earth material" means any rock, natural soil, organic material or combination thereof. 40 "Enhance" means to strengthen any of the basic functional properties listed in YMC 15.27.504 that exist but do not perform at optimum efficiency. "Optimum" refers to the most favorable or best performance of each function achievable for a specific segment of stream corridor. "Ephemeral stream" means a stream that flows only in response to precipitation with no groundwater association, usually thirty days or less per year. The lack of any groundwater association results in a lack of distinctive riparian vegetation compared to the surrounding landscape. "Erosion" means the wearing away of the earth's surface as a result of the movement of wind, water, or ice. "Excavation" means the mechanical removal of earth material. "Fill" means the addition of any material, such as (by way of illustration) earth, clay, sand, rock, gravel, concrete rubble, rubble, wood chips, bark, or waste of any kind, which is placed, stored or dumped upon the surface of the ground resulting in an increase in the natural surface elevation. The physical structure of a bank stabilization structure shall not be considered fill. However, fill placed behind the structure is considered fill. Stream bed manipulation for irrigation diversions shall not be considered fill. "Fish and wildlife habitat conservation" means land management for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term. Counties and cities should engage in cooperative planning and coordination to help assure long term population viability. "Fish and wildlife habitat conservation areas" are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. Counties and cities may also designate locally important habitats and species. Fish and wildlife habitat conservation areas does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company. "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff of surface waters from any source. "Flood hazard permit" means written approval applied for and obtained in accordance with such rules and regulations as are established under this chapter. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. "Floodplain" means a land area adjoining a river, stream, watercourse or lake which has been determined likely to flood. The extent of the floodplain may vary with the frequency of flooding being considered as per FEMA FIRM maps. "Floodplain" is synonymous with the one -hundred - year floodplain and means that land area is susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. "Flood -prone" means a land area for which a floodway and floodplain has not been determined with respect to any specific flood frequency, but for which the potential for flooding can be 41 identified by information observable in the field, such as soils or geological evidence, or by materials such as flood studies, topographic surveys, photographic evidence or other data. "Floodproofing," for purposes of administering Part Four, means any combination of structural and nonstructural changes or adjustments to structures, which reduce or lessen flood damages to lands, water or wastewater treatment facilities, structures and contents of buildings. "Floodway" means the regular channel of a river, stream, or other watercourse, plus the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Floodway fringe," for purposes of administering Part Four, means that portion of a floodplain which is inundated by floodwaters but is not within a defined floodway. Floodway fringes serve as temporary storage for floodwaters. "Grade" means the vertical location of the ground surface. "Grade, existing" is the current grade in either its undisturbed, natural condition or as disturbed by some previous modification. "Grade, finish" is the final grade of the site which conforms to an approved plan. "Grade, natural" is the grade as it exists or may have existed in its original undisturbed condition. "Grade, rough" is a stage where grade conforms approximately to an approved plan. "Grading" means any excavation, filling, or combination thereof. "Groundwater" means water that occurs beneath the land surface, also called subsurface water or subterranean water. Groundwater includes water in the zone of saturation of a water-bearing formation. "Habitats of local importance" are designated as fish and wildlife habitat conservation areas based on a finding by the city that they are locally important. "Hyporheic" means a groundwater area adjacent to and below channels where water is exchanged with channel water and water movement is mainly in the downstream direction. "Intermittent stream" means a stream which flows only during certain times of the year, with inputs from precipitation and groundwater, but usually more than thirty days per year. Groundwater association generally produces an identifiable riparian area. This definition does not include streams that are intermittent because of irrigation diversion or other manmade diversions of the water. "Lake" or "pond" means an inland body of standing water. The term can include the reservoir or expanded part of a river behind a dam. "Lowest floor," for purposes of administering Part Four, means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. "Manufactured home" means a structure fabricated on a permanent chassis that is transportable in one or more sections; is designed to be used with or without a permanent foundation when connected to the required facilities and is used for human occupancy as a residential dwelling. The term "manufactured home" shall include "mobile home" for regulatory purposes under this chapter. The term shall not include "recreation vehicle," "commercial coach," "camping vehicle," "travel trailer," "park trailer," "tip-out," and any other similar vehicle, which is not intended, designed, constructed, or used as a single -family dwelling. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale pursuant to this title. "Manufactured home park or subdivision, existing" means a manufactured home park or subdivision that was completed before December 15, 1981, the effective date of the floodplain management regulations. "Minerals" mean gravel, sand, and metallic and nonmetallic substances of commercial value. 42 "Mining" means the removal of naturally occurring minerals and materials from the earth for commercial value. Mining includes processing and batching. Mining does not include large excavations for structures, foundations, parking areas, etc. (See YMC 15.27.514.) "Minor revision" includes minor changes in facility orientation or location, minor changes in structural design that do not change the height or increase ground floor area, and minor accessory structures (such as equipment covers or small sheds near the main structure, etc.). "Native" means indigenous to or originating naturally within the city of Yakima and surrounding areas. "Natural conditions" mean those conditions which arise from or are found in nature and not modified by human intervention. "New construction," for purposes of administering Part Four of this chapter, means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter. "Nonconforming structure," for purposes of administering Part Four of this chapter, means a structure which was lawful prior to the adoption or amendment of this chapter, but which fails by reason of such adoption or amendment to conform to the present requirements of the zoning district in which it is located. In addition, the structure may not be permitted as a new structure under the terms of this chapter because the structure may not be in conformance with the applicable elevation and/or floodproofing requirements. "Nonconforming use," for purposes of administering Part Four of this chapter, means a use of land or structure which was lawfully established and maintained prior to the adoption or amendment of this chapter, but does not conform to this chapter for the zoning district in which it is located. In addition, the use may not be permitted as a new use under the terms of this chapter because the use may not be in conformance with the applicable elevation and/or floodproofing requirements. "Normal appurtenances" include: garages, decks, driveways, utilities, fences, and grading, which do not exceed two hundred fifty cubic yards. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction. "Ordinary high water mark" means a mark on lakes and streams which can 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 ordinary years as to mark upon the soil or vegetation a character distinct from the abutting upland. Provided, that in any area where the ordinary high water line cannot be found, the ordinary high water line is the elevation of the mean annual flood. "Perennial stream" means a stream that flows year-round in normal water years. "Priority habitat" means a habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes: comparatively high fish or wildlife density, comparatively high fish or wildlife species diversity, fish spawning habitat, important wildlife habitat, important fish or wildlife seasonal range, important fish or wildlife movement corridor, rearing and foraging habitat, refuge, limited availability, high vulnerability to habitat alteration, unique or dependent species, or shellfish bed. A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife. A priority habitat may also be described by a successional stage. Alternatively, a priority habitat may consist of a specific habitat element (such as talus slopes, caves, or snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife. 43 "Priority species" means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below: A. Washington State (State) Listed or State Proposed Species. State -listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed by WDFW (POL-M-6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297. B. Vulnerable Aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. C. Species of Recreational, Commercial, and/or Tribal Importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation. D. Species listed under the federal Endangered Species Act as either proposed, threatened, or endangered. "Project site" means that portion of any lot, parcel, tract, or combination thereof which encompasses all phases of the total development proposal. "Qualified professional" means a person with experience, training, expertise, and related work experience appropriate for the relevant critical area subject in accordance with WAC 365-195- 905(4). The professional shall provide their qualifications to the administrative official to ensure the professional has the acceptable level of qualifications and experience for the relevant critical area they will be working in. "Recreation vehicle" means a vehicle which is: 1. Built on a single chassis; 2. Four hundred square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily for temporary living quarters used during recreational, camping, travel, or seasonal conditions. "Restore," "restoration" or "ecological restoration" means the reestablishment or upgrading of impaired functions, such as those listed in YMC 15.27.504 that have been lost or destroyed through natural events or human activity. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive structures, and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the site to aboriginal or pre -European settlement conditions. "Revetment" means a facing placed on a bank or bluff to protect a slope, embankment, or structure against erosion by wave action or currents. "Riparian vegetation" means the terrestrial vegetation that grows beside rivers, streams, and other freshwater bodies and that depends on these water sources for soil moisture greater than would otherwise be available from local precipitation. "Riprap" means a layer, facing, or protective mound of rubble or stones randomly placed to prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose. "Scour" means the removal of underwater material by waves and currents, especially at the base or toe of a bank stabilization or other in -water structure. 44 "Shoreline," as used in this chapter, means those water areas, the associated features, and the land areas that are subject to the State Shoreline Management Act, as defined in RCW 90.58.030 and the city of Yakima's current shoreline master program (YMC 17.01.090). "Single -family residence" means a detached dwelling designed for and occupied by one family, including those structures and developments which are a normal appurtenance. "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. "Special flood hazard area" means the land in the floodplain identified by the Federal Emergency Management Agency that is subject to a one percent or greater chance of flooding in any given year, commonly known as the one-hundred-year floodplain. "Species of local importance" are those species that are of local concern due to their population status or their sensitivity to habitat alteration or that are game species. "Start of construction," for purposes of administering Part Four, includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of pipes, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include the excavation for a basement, footings, piers or foundations or the erection of temporary accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or structural part of a building, whether or not that alteration affects the external dimensions of the building. "Stream" means water contained within a channel either perennial, intermittent, or ephemeral. Streams include both natural watercourses or those modified by man (example: stream flow manipulation, channelization, and relocation of the channel). They do not include irrigation ditches, wasteways, drains, outfalls, operational spillways, canals, stormwater runoff facilities, or other artificial watercourses except those that are located within existing wetland or streams. "Structure" means anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height, and including gas or liquid storage tanks when located aboveground. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. "Substantial improvement," for purposes of administering Part Four, means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the assessed value of the structure either: 1. Before the improvement or repair is started; or 2. Before the damage occurred to a structure. For the purposes of this definition, "substantial improvement" occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The total value of all improvements to an individual structure undertaken subsequent to March 4, 1986, the effective date of this title, shall be used to define "substantial improvement" for said structure. The term does not, however, include either: 45 1. Any project for improvement to a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. Use. See "use" as defined in YMC Chapter 15.02. "Utility equipment," for the purposes of Part Four, means all electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. "Vegetative buffer" or "buffer" means an area extending landward from the ordinary high water mark of a lake or stream and/or from the edge of a wetland which is maintained or otherwise allowed to provide support for the performance of the basic functional properties of a fish and wildlife habitat conservation area and wetlands as set forth in YMC 15.27.504 and 15.27.603. "Waters of the state" are all lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington. "Wetland" means areas that are inundated or saturated by surface water 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 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 created to mitigate conversion of wetlands. "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state, which includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of development. "Wildlife habitat" means an area of climate, soils, vegetation, relationship to water, location and/or other physical properties which are identified as having a critical importance to the maintenance of wildlife species. "Works" means any dam, wall, wharf, embankment, levee, dike, berm, pile, bridge, improved road, abutment, projection, excavation, channel rectification, or improvement. (Ord. 2015-036 § 6, 2015: Ord. 2008-46 § 1 (part), 2008). Part Three. Application and Review Procedures Article I. General Provisions 15.27.300 Critical area development authorization required. A. No new development, construction or use shall occur within a designated critical area without obtaining a development authorization in accordance with the provisions of this chapter, except for those provided for in YMC 15.27.303. Exemptions, as provided for in YMC 15.27.304 through 15.27.306, shall be considered as development authorization. B. With respect to application and review procedures, it is the intent of this chapter to streamline and coordinate development authorization within a critical area and recognize other requirements by local, state and/or federal permits or authorizations. Development, construction or use occurring within a designated critical area shall be processed according to the provisions of this chapter, unless determined to be exempt. C. Approval of a development authorization under this chapter shall be in addition to, and not a substitute for, any other development permit or authorization required by the city of Yakima. 46 Approval of a development authorization under this chapter shall not be interpreted as an approval of any other permit or authorization required of a development, construction or use. D. Development authorizations issued in accordance with this chapter shall continue with the land and have no "sunset clause" unless otherwise stated in the development authorization. E. Coordination with Other Jurisdictions. 1. Where all or a portion of a standard development project site is within a designated critical area and the project is subject to another local, state or federal development permit or authorization, the administrative official shall determine whether the provisions of this chapter can be processed in conjunction with a local, state or federal development permit or authorization, or whether a separate critical area development authorization application and review process is necessary. The decision of the administrative official shall be based upon the following criteria: a. The nature and scope of the project and the critical area features involved or potentially impacted; b. The purpose or objective of the permit or authorization and its relationship to protection of the critical area; c. The feasibility of coordinating the critical area development authorization with other permitting agency; d. The timing of the permit or authorization. 2. When a determination has been made that provisions of this chapter can be handled through another applicable development permit or authorization process, project proponents may be required to provide additional site plans, data and other information necessary as part of that process to ensure compliance with this chapter. The administrative official's decision on the critical area development authorization shall be coordinated to coincide with other permits and authorizations. The administrative official may determine to accept the development authorization and/or permits from the other reviewing agencies as complete compliance with the city's critical area ordinance. (Ord. 2008-46 § 1 (part), 2008). Article II. Inquiry and Early Assistance 15.27.301 Critical area identification form and critical area report requirements. A. Prior to the review of any applicable proposed development, construction or use, the applicant shall provide the city with a critical areas identification form and site plan and any other information the city may require to determine if a critical area is present. B. Upon receipt of a critical area identification form and site plan, the administrative official or designee may conduct a site examination to review critical area conditions. The administrative official or designee shall notify the property owner of the site examination prior to the site visit. Reasonable access to the site shall be provided by the property owner. C. The administrative official or designee shall review the available information pertaining to the proposal and make a determination whether any critical areas may be affected. If so, a more detailed critical area report shall be submitted in conformance with YMC 15.27.314 and 15.27.315, except as provided below: 1. No Critical Areas Present. If the administrative official or designee is able to sufficiently determine a critical area does not exist within or adjacent to the project area and/or a critical area report is not required. 2. Critical Areas Present, but No Impact. If the administrative official or designee is able to determine the existence, location and type of critical area and the project area is not within the critical area and/or the project will not have an indirect impact on the function of an adjacent wetland. 3. Critical Areas May Be Affected by a Proposal. The administrative official or designee may waive the requirement for a critical areas report utilizing the technical expertise of other reviewing agencies if: 47 a. The administrative official is sufficiently able to determine the existence, location and type of the critical area; b. The project scale or nature is such that a specialist is not necessary to identify impacts and mitigation; and c. The applicant agrees to provide mitigation the administrative official deems adequate to mitigate for anticipated impacts. D. Reports will generally fall into the following groups: 1. Determining the absence of a critical area; 2. Determining the existence, location and type of a critical area; 3. Determining impacts of an encroachment on a critical area and general mitigation measures; and 4. Developing a compensatory mitigation plan. 15.27.302 Preapplication conference. Any new development or use falling under the provisions of this chapter may be subject to a preapplication conference. Prior to the preapplication conference, the project proponent must submit a critical area identification form and preliminary site plan. A project review for flood hazards shall follow the preapplication requirements established to administer Part Four, Flood Hazard Areas. The preapplication conference is intended to allow the administrative official or designee to: A. Establish the scope of the project and identify potential concerns that may arise; B. Identify permits, exemptions, and authorizations which the project proponent may need to obtain; C. Determine whether the project will be processed through the development procedures of this chapter or coordinated with the review procedures of another development permit or authorization; D. Provide the proponent with resources and technical assistance (such as maps, scientific information, other source materials, etc.); and E. Determine whether there is a need for a preliminary site assessment. (Ord. 2008-46 § 1 (part), 2008). Article III. Abbreviated Review Alternatives 15.27.303 Minor activities allowed without a permit or exemption. This chapter shall be inapplicable to the following actions (YMC 15.27.140(B)): A. Maintenance of existing, lawfully established areas of crop vegetation, landscaping, paths, and trails or gardens within a regulated critical area or its buffer. Examples include: mowing lawns, weeding, garden crops, pruning, and planting of noninvasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas; B. Minor maintenance and/or repair of structures that do not involve additional construction, earthwork or clearing. Examples include painting, trim or facing replacement, reroofing, etc. Cleaning, operation and maintenance of canals, ditches, drains, wasteways, etc., is not considered additional earthwork, as long as the cleared materials are placed outside the stream corridor, wetlands, and buffers; C. Low impact activities such as hiking, canoeing, viewing, nature study, photography, hunting, fishing, education or scientific research; D. Creation of private trails that are less than two feet wide that do not cross streams or wetlands and do not involve placement of fill or grubbing of vegetation; E. Maintenance and normal work of the greenway pathway and grounds; F. Planting of native vegetation; G. Noxious weed control outside vegetative buffers identified in YMC 15.27.511; and H. Noxious weed control within vegetative buffers, if the criteria listed below are met. Control methods not meeting these criteria may still apply for a restoration exemption, or other authorization as applicable: 48 1. Hand removal/spraying of individual plants or other acceptable method approved by the administrative official; 2. No area -wide vegetation removal/grubbing. (Ord. 2008-46 § 1 (part), 2008). 15.27.304 Documented exemption—Procedural requirements. The following development activities are exempt from standard development permits, except that flood hazard exemptions shall follow the exemption procedures found in YMC 15.27.403. Exemption from this chapter shall follow subsection (F)(1) of this section, and does not under any circumstances give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party's expense, according to YMC 15.27.521. A. Exemptions shall be construed narrowly and any exempted development shall be consistent with the policies and provisions of this chapter. B. If any part of a proposed development is not eligible for an exemption, then a development permit is required for the entire proposed project. C. The burden of proof that a development or use is exempt is on the applicant. D. When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of this chapter, such development must also obtain an adjustment. E. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. F. The proponent of an exempt activity shall submit a written request for a documented exemption which states the following: 1. Why the exemption is being sought. 2. A project description that demonstrates the following: a. The sequence of activities to be conducted; b. The equipment to be used (hand or mechanical); c. The best management practices to be used; d. The efforts employed to minimize adverse impacts; and e. Restoration for disturbed areas and mitigation for lost critical areas functions following the activity. G. The administrative official or designee shall approve or deny the exemption. A formal letter of exemption shall be provided when an exempt activity is approved under this chapter. If an exemption cannot be granted, the administrative official or designee shall notify the applicant in writing, stating the reason for denial of the exemption, at which time the applicant may pursue other permit processes under this chapter or modify the activity to a level that would justify reconsideration. H. The following activities are exempt from the standard development permit process and identified in the following locations. However, this provision does not exempt an activity from other parts, permits or reviews required under this chapter: 1. Those activities listed in YMC 15.27.305; 2. Those activities listed in YMC 15.27.306; and 3. Those activities listed in YMC 15.27.403 are exempt from the flood hazard permit requirements of Part Four of this chapter, Flood Hazard Areas. (Ord. 2008-46 § 1 (part), 2008). 15.27.305 Documented exemptions for fish and wildlife habitat conservation areas and wetlands. The following development activities are exempt from standard development permits, except that flood hazard exemptions shall follow the exemption procedures found in YMC 15.27.403: A. Construction of a single-family residence and appurtenances where the residence and appurtenances meet all requirements of the city of Yakima and do not lie within a designated critical area or buffer (see "single-family residence" and "normal appurtenances" definitions, 49 YMC 15.27.200). Applications for development within critical areas or their buffers shall follow the procedures of YMC 15.27.317. 1. Construction shall not involve placement of fill in any wetland or at locations waterward of the ordinary high water mark; and 2. Construction authorized under this exemption shall be located landward of the ordinary high water mark; B. Single-family residence bulkheads, which include those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark of non -shoreline waters for the sole purpose of protecting the single-family residence and appurtenant structures from loss or damage by erosion. 1. Normal protective bulkheads are not exempt if constructed for the purpose of creating dry land. 2. Bioengineering options shall be considered by the administrative official or designee prior to exemption of subsections (B)(3) and (B)(4) of this section. 3. When repairing an existing bulkhead by construction of a vertical wall, it shall be constructed no further waterward of the existing bulkhead. 4. Bioengineered erosion control projects may be considered a bulkhead when the project has been approved by the Department of Fish and Wildlife; C. Normal maintenance or repair of existing structures or development, including damage by accident, fire, or elements, are exempt, but may require a building permit. (See YMC 15.27.200.) 1. Except where repair involves total replacement or causes substantial adverse effects to the environment. 2. Replacement of nonconforming uses or facilities may also be subject to YMC Chapter 15.19; D. Emergency construction for protecting property from damage by the elements. The following criteria must exist to qualify any action under an emergency provision: 1. There must be an immediate threat to life, public or private property, or the environment arising from a natural condition or technical incident. 2. The emergency response must be confined to the action necessary to protect life or property from damage. 3. The scope of the emergency response must be limited to the work necessary to relieve the immediate threat. 4. The emergency response applies only to the period of time when the actual emergency exists. 5. The request must be accompanied by a permit application or for an emergency exemption. Submittal requirements may be waived until after the emergency is deemed abated, and at that time the property owner shall submit an emergency mitigation summary to the city of Yakima; E. Construction of a dock in a non -shoreline waterbody for the use of a single-family or multiple -family residence; F. The construction of canals, waterways, drains, reservoirs, or other manmade facilities as a part of an irrigation system; G. Any project with certification from the governor pursuant to RCW Chapter 80.50 (Energy Facilities—Site Locations); H. Watershed restoration projects pursuant to RCW 89.08.460; I. Site exploration and investigation activities required for a development permit; provided, that: 1. The activity will have no significant adverse impact on the environment; 2. The activity does not involve the installation of any structure; and 50 3. Upon completion of the activity, the vegetation and land configuration of the site are restored to conditions as they existed prior to the activity; J. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020 (control of spartina and purple loosestrife), through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other state agencies under RCW Chapter 43.21C (SEPA); K. A public or private project to improve fish or wildlife habitat or fish passage in a non - shoreline waterbody, if: 1. The project has been approved by the Department of Fish and Wildlife; 2. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to RCW Chapter 75.20 (Hydraulics Code); 3. The administrative official has determined that the project is consistent with this chapter; 4. Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 (Fish Habitat Enhancement Projects) are deemed to be consistent with this chapter; L. Hazardous substance remedial actions pursuant to RCW Chapter 70.105D (Model Toxics Control Act); M. The removal of trees which are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private or public property, from critical areas and their buffers. (Ord. 2008-46 § 1 (part), 2008). 15.27.306 Documented exemptions for geologically hazardous areas development authorizations. The following development activities are exempt from standard development permits that are required for geologically hazardous areas: A. Additions to or alteration of existing single-family residences; B. Uses and surface disturbances (clearing and grubbing) that do not include excavation, fill or irrigation; C. Structures less than one hundred twenty square feet; and D. Oil, gas, wind, or other exploration that does not include explosions, road construction, excavation or fill. (Ord. 2008-46 § 1 (part), 2008). 15.27.307 Mitigation requirements. A. All mitigation shall be sufficient to maintain the functions and values of the critical area; B. All development shall demonstrate that reasonable efforts have been examined to avoid and minimize impacts to critical areas; C. When an alteration to a critical area is proposed, it shall be avoided, minimized, or mitigated for in the following order of preference: 1. Avoiding the impact; 2. Minimizing impacts by limiting the degree or magnitude of the action, by using appropriate technology (i.e., project redesign, relocation or timing, to avoid or reduce impacts), 3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment as appropriate; 4. Reducing or eliminating the impact by preservation and maintenance operations; 5. Compensating for the impact by replacing or providing substitute resources or environments; and 6. Monitoring the impact and taking appropriate corrective measures; D. If an alteration to a critical area is unavoidable, all adverse impacts to that critical area and its buffers shall be mitigated for in accordance with an approved mitigation plan; and 51 E. Except as specified in YMC 15.27.605, mitigation shall be in-kind and on-site, whenever possible, and may be out -of -kind and/or off-site when deemed appropriate by the administrative official or designee. (Ord. 2008-46 § 1 (part), 2008). Article IV. Review Process 15.27.308 Application submittal. A. Applications for development authorizations under this chapter shall be made on forms provided by the department. Application submittals shall include a site plan drawn to an engineering scale of one to twenty showing: 1. Dimensions of all sides of the parcel; 2. Size and location of existing and proposed structures; 3. Excavation, fill, drainage facilities, impervious surfaces, topography, slope; 4. Other information as needed to determine the nature and scope of the proposed development; and 5. Location of all critical areas such as those identified in YMC 15.27.314. B. The submittal shall also include all required critical areas reports prepared in conformance with YMC 15.27.314 and 15.27.315. C. To be complete, a critical area development authorization application must include all maps, drawings and other information or data specified by this chapter or requested on the basis of the preapplication conference (YMC 15.27.302). (Ord. 2008-46 § 1 (part), 2008). 15.27.309 Determination of review process. A. The administrative official or designee shall determine from the application submittal, and other available information, what type of permit and/or review will be required under this chapter. B. Specific information of permit type, review and process can be found in subsequent sections of Part Three of this chapter. However, a description of each type of permit or review is provided in Table 27.3-1. More than one permit or review may be needed for a project dependent upon project complexity. Table 27.3-1 General Permits or Reviews Standard Development. Standard development projects include any development not subject to RCW Chapter 90.58, the Shoreline Management Act. Documented Exemptions. Documented exemptions are described as minor activities that do not need to go through a permit process. Exemptions from this chapter may be found in YMC 15.27.305 through 15.27.306 and 15.27.403. Specific Permits Adjustment. An administrative adjustment is used outside shoreline jurisdiction when a project requires a reduction or adjustment to a development standard. Nonconforming Use or Facility Alteration. A nonconforming use or facility alteration is necessary when an existing use that currently does not conform to this chapter is to be altered. Minor Revisions to an Existing Permit. A minor revision to an existing permit allows a simplified review of certain changes to a project that has previously received a permit. Reasonable Use Exception. A reasonable use exception provides an alternative to landowners when all reasonable use of a property has been prohibited. 52 Flood Hazard Permit. A flood hazard permit is required for activities within floodplains. It may include many of the specific permit types noted above, which are described in Part Four, YMC 15.27.400 through 15.27.436. It is focused mainly on construction methods, but may include site design to minimize impacts to adjacent properties or resources, or to locate the proposed development in areas where depth and velocity of floodwaters during the base flood do not exceed the current standards for construction of human -occupied structures or safe access. (Ord. 2008-46 § 1 (part), 2008). 15.27.310 Development authorization—Review procedure. Upon submittal and acceptance of a completed development authorization application, the administrative official or designee shall process and review the application as follows. Except: permits or reviews under Part Four shall follow the development regulations and procedures of YMC 15.27.400 through 15.27.436. A. Development authorizations shall be processed in accordance with notice procedures in YMC Title 16 and with specific requirements provided in YMC 15.27.316 through 15.27.320, including but not limited to: 1. Submittals; 2. Completeness review; 3. Notices; 4. Hearings; 5. Decisions; and 6. Appeals. B. Development authorizations shall be reviewed in conformance with the applicable development standards of YMC 15.27.321 and with Parts Five through Eight. C. Decisions on a development authorization shall be consistent with YMC 15.27.311 and 15.27.312, and with any specific decision criteria provided under the section for each relevant permit type, as provided in YMC 15.27.316 through 15.27.321. (Ord. 2008-46 § 1 (part), 2008). 15.27.311 Authorization decisions—Basis for action. The action on any development authorization under this chapter shall be based upon the following criteria: A. Impact of the project to critical area features on and abutting the property; B. Danger to life or property that would likely occur as a result of the project; C. Compatibility of the project with the critical area features; D. Conformance with applicable development standards; E. Compliance with flood hazard mitigation requirements of YMC 15.27.400 through 15.27.436; F. Adequacy of the information provided by the applicant or available to the department; G. Based upon the project evaluation, the administrative official shall take one of the following actions: 1. Grant the development authorization; 2. Grant the development authorization with conditions, as provided in YMC 15.27.312, to mitigate impacts to the critical area feature(s); or 3. Deny the development authorization; H. The decision by the administrative official or designee shall include written findings and conclusions. (Ord. 2008-46 § 1 (part), 2008). 15.27.312 Conditional approval of development authorization. In granting any development authorization, the administrative official or designee may impose conditions to: A. Accomplish the purpose and intent of this chapter; 53 B. Eliminate or mitigate any identified negative impacts of the project; and C. Protect critical areas from damaging and incompatible development. (Ord. 2008-46 § 1 (part), 2008). 15.27.313 Fees and charges. The Yakima city council shall establish the schedule of fees and charges listed in YMC Chapter 15.26 (City of Yakima Fee Schedule), for development authorizations, variances, appeals and other matters pertaining to this chapter. (Ord. 2008-46 § 1 (part), 2008). Article V. Critical Areas Reports 15.27.314 Critical areas report requirements. A. The administrative official or designee may require a critical areas report, paid for by the applicant, when it is determined necessary. B. A qualified professional shall prepare the report consistent with best available science. The intent of these provisions is to require a reasonable level of technical study and analysis sufficient to protect critical areas. The analysis shall be appropriate to the value or sensitivity of a particular critical area and relative to the scale and potential impacts of the proposed activity. C. The critical area report shall: 1. Demonstrate the proposal is consistent with the purposes and standards of this chapter; 2. Describe all potential risks to critical areas, and assess impacts on the critical area from the activities and uses proposed; and 3. Identify mitigation and protective measures. D. The critical areas report shall include information addressing the supplemental report requirements (see YMC 15.27.315). E. The administrative official or designee shall review the critical areas report for completeness and accuracy and shall consider the recommendations and conclusions to assist in making decisions on development authorizations, appropriate mitigation, and protective measures. F. Critical areas reports shall be valid for a period of five years, unless it can be demonstrated that a previous report is adequate for current analysis. Reports prepared for adjacent properties may be utilized for current analysis only when it can be shown through a supplemental report or site investigation that conditions on site are unchanged. G. The administrative official or designee may require the preparation of a new critical area assessment or a supplemental report if the initial assessment is in error. H. The administrative official or designee may reject or request revision of the critical areas report when it can be demonstrated that the assessment is inaccurate, incomplete or does not fully address the critical areas impacts involved. I. Applicants shall provide reports and maps to the city in both electronic and paper formats. In addition, all critical area delineations/maps shall be provided to the city by means of a GPS projected coordinate system data set, such as NAD 27 or NAD 83. The city may waive this requirement for single -family developments. Applicants are encouraged to coordinate with the administrative official or designee regarding electronic submittal guidelines. J. At a minimum, a critical areas report shall include the following information: 1. A site plan showing the proposed development footprint and clearing limits, and all relevant critical areas and buffers; 2. A written summary of the critical areas, including their size, type, classification or rating, condition, disturbance history, and functions and values. For projects on or adjacent to geologically hazardous areas or areas subject to high floodwater depth or velocity, the description shall identity the type and characteristics of the hazard; 3. An analysis of potential adverse impacts and how they will be mitigated or avoided. Geologically hazardous areas are additionally required to assess the risks posed by the 54 development to critical areas, public and private properties, and both associated and unassociated nearby facilities and uses; 4. When impacts cannot be avoided, the report shall include a plan describing mitigation to replace critical area functions and values. For projects on or adjacent to geologically hazardous areas or areas subject to high floodwater depth or velocity, the mitigation shall additionally address the site, other public and private properties, and both associated and unassociated nearby facilities and uses potentially affected; 5. The dates, names, and qualifications of the persons preparing the report and documentation of analysis methods including any fieldwork performed on the site; and 6. Additional reasonable information requested by the administrative official or designee. K. A critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site. L. The administrative official or designee may limit the geographic area of the critical area report as appropriate. M. Compensatory Mitigation Plans. When compensatory mitigation, as described in YMC 15.27.307, is proposed for wetlands or fish and wildlife habitat conservation areas, the applicant shall submit a mitigation plan as part of the critical area report, which includes: 1. A written report identifying environmental goals and objectives of the proposed compensation including a description of: a. The anticipated impacts to the critical areas; b. The mitigating actions proposed; c. The purpose of the compensation measures, including site selection criteria; d. The compensation goals and objectives; e. The desired resource functions; f. Construction activities' start and completion dates; and g. Analysis of anticipated success of the compensation project; 2. A review of the best available science supporting the proposed mitigation; 3. A description of the report and the author's experience to date in restoring or creating the type of critical area report proposed; 4. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating the goals and objectives to ensure the mitigation project has been successfully attained; 5. Detailed Construction Documents. The mitigation documents shall include written specifications and plans describing the mitigation proposed, such as: a. The proposed construction sequence, timing, and duration; b. Grading and excavation details; c. Erosion and sediment control features; d. A planting plan specifying plant species, quantities, locations, sizes, spacing, and density; e. Measures to protect and maintain plants until established; and f. Documents should include scale drawings showing necessary information to convey both existing and proposed topographic data, slope, elevations, plants and project limits; 6. Monitoring Program. The mitigation plan shall include: a. A program for monitoring both construction of the compensatory project and its completion and survivability; b. A plan which details how the monitoring data will be evaluated to determine if the performance standards are being met; c. Reports as needed to document milestones, successes, problems, and contingency actions of the compensation project; and 55 d. Monitoring for a period necessary to establish that performance standards have been met, but not for a period less than five years; 7. Contingency Plan. Identification of the potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met; 8. Financial Guarantees. A financial guarantee ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with YMC 15.27.321(A). N. Innovative Mitigation. 1. Advanced mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this section. One or more applicants or an organization with demonstrated capability may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist: a. Creation or enhancement of a larger system of critical areas and open space is preferable to the preservation of many individual habitat areas; b. The applicant demonstrates the organizational and fiscal capability to act cooperatively; c. The applicant demonstrates that long-term management of the habitat area will be provided; d. There is a clear potential for success of the proposed mitigation at the identified site; e. There is a clear likelihood for success of the proposed plan based on supporting scientific information and demonstrated experience in implementing similar plans; f. The proposed project results in equal or greater protection and conservation of critical areas than would be achieved using parcel-by-parcel regulations and/or traditional mitigation approaches; g. The plan is consistent with the general purpose and intent of this section; h. The plan shall contain relevant management strategies which are within the scope of this section; and i. The plan shall contain clear and measurable standards for achieving compliance with the purposes of this section, a description of how such standards will be monitored and measured over the life of the plan, and a fully funded contingency plan if any element of the plan does not meet standards for compliance. 2. Conducting mitigation as part of a cooperative process does not reduce or eliminate the required wetland replacement ratios. 3. Projects that propose compensatory wetland mitigation shall also use the standards in YMC 15.27.605. For those situations where a mitigation bank may provide an opportunity for mitigation, the requirements in YMC 15.27.605 shall apply. (Ord. 2008-46 § 1 (part), 2008). 15.27.315 Supplemental report requirements for specific critical areas. A. Fish and Wildlife Habitat Conservation Areas. When a critical areas report is required for a fish and wildlife habitat conservation area, it shall include the following: 1. A habitat and native vegetation conservation strategy that addresses methods to protect the functional properties listed in YMC 15.27.504; and 2. Where proposed construction lies within an immediate zone of potential channel migration, a hydrologic analysis report may be required. The report shall assume the conditions of the one-hundred-year flood, include on-site investigative findings, and consider historical meander characteristics in addition to other pertinent facts and data. 3. A discussion of any federal, state or local management recommendations which have been developed for the species or habitats in the area, and how they will be incorporated into the project. 56 B. Wetlands. When a critical areas report is required for wetlands, it shall include the following: 1. The exact location of a wetland's boundary and wetland rating as determined through the performance of a field investigation by a qualified wetland professional applying the approved federal wetland delineation manual and applicable regional supplements as required by RCW 36.70A.175 and the most recent version of the Washington State Wetland Rating System for Eastern Washington; 2. All delineated wetlands and required buffers within two hundred feet of the project area shall be shown on the site plan. Available information should include, but not be limited to, aerial photos, land-based photos, soils maps, or topographic maps; 3. An analysis of the wetlands including the following site-related information: a. A statement specifying the accuracy of the report and all assumptions made and relied upon; b. Documentation of fieldwork performed on the site, including field data sheets for delineations, wetland rating forms, baseline hydrologic data, etc.; c. A description of the methodologies used to conduct the wetland delineations or impact analyses, including references; d. Wetland category, including vegetative, faunal, and hydrologic characteristics; and 4. For projects that will affect the wetland or buffer, provide the following: a. A habitat and native vegetation conservation strategy that addresses methods to protect or enhance on-site habitat and wetland functions and values listed in YMC 15.27.504 and 15.27.603(A); and b. Mitigation sequencing, pursuant to YMC 15.27.307, to avoid, minimize, and mitigate impacts shall result in "no net loss" of acreage or functional values of wetlands and shall follow the guidance provided in YMC 15.27.605. C. Geologically Hazardous Areas. When a critical areas report is required for a geologically hazardous area, it shall include the following: 1. A description of the site features, including surface and subsurface geology; 2. A description of the geologic processes and hazards affecting the property, including a determination of the actual hazard types for any suspected and risk unknown hazards identified in the affirmative determination of hazard; 3. A description of the vulnerability of the site to seismic and other geologic processes and hazards; and 4. A description of any potential hazards that could be created or exacerbated as a result of site development; 5. For developments in or affecting landslide hazard areas the report shall also include: a. Assessments and conclusions regarding slope stability including the potential types of landslide failure mechanisms (e.g., debris flow, rotational slump, translational slip, etc.) that may affect the site. The stability evaluation shall also consider dynamic earthquake loading and shall use a minimum horizontal acceleration as established by the current version of YMC Title 11 (Building Code); b. An analysis of slope recession rate shall be presented in those cases where stability is impacted by stream meandering or other forces acting on the toe of the slope; and c. Description of the run-out hazard of landslide debris to the proposed development that starts up-slope and/or the impacts of landslide run-out on down-slope properties and critical areas. D. Flood Hazards. Prior to authorization of any construction within a floodplain, which can be anticipated to displace floodwaters or alter the depth or velocity of floodwaters during the base flood, an engineering report shall be prepared by a licensed engineer in the state of Washington 57 that establishes any new flood elevations that would result for the one-hundred-year flood frequency if the project were implemented. (Ord. 2008-46 § 1 (part), 2008). E. Critical Aquifer Recharge Areas. The approach of the City critical area regulations is to require a level of study and analysis commensurate with potential risks to wellhead protection zones associated with particular sites and particular proposals. At a minimum, all applicants shall review the history of the site and conduct a surface reconnaissance. The purpose of a critical aquifer recharge area report is to evaluate the actual geologic conditions and determine the site's proximity to or location within a wellhead protection zone; evaluate the safety and appropriateness of proposed activities; and recommend appropriate construction practices, monitoring programs, and other mitigation measures required to ensure achievement of the purpose and intent of these regulations. The information required by this report should be coordinated with the study and reporting requirements for any other critical areas located on the site. A critical aquifer recharge area report shall be prepared by a qualified professional who is a hydrogeologist, geologist, or engineer who is licensed in the State of Washington and who has experience in preparing hydrogeologic assessments. 1. Level One Hydrological Assessment: At sites located within Wellhead Protection Zones 1 through 3, defined in Section 15.27.820.A.1, a critical aquifer recharge areas report shall contain a level one hydrological assessment which includes the following site- and proposal- related information at a minimum: a. Information regarding geologic and hydrogeologic characteristics of the site, including the surface location of all critical aquifer recharge areas located on-site or immediately adjacent to the site, and permeability of the unsaturated zone based on existing data. b. Groundwater depth, flow direction, and gradient based on available information. c. Currently available data on wells and springs within 1,300 feet of the project area. d. Location of other critical areas, including surface waters, within 1,300 feet of the project site. e. Available historic water quality data for the area to be affected by the proposed activity. f. BMPs proposed to be utilized. 2. Level Two Hydrogeologic Assessment. a. A level two hydrogeologic assessment shall be required for any of the following proposed activities at sites located within Wellhead Protection Zones 1 through 3: i. Activities that result in 5,000 square feet or more impervious site area. ii. Activities that divert, alter, or reduce the flow of surface or groundwaters, including dewatering or otherwise reduce the recharging of the aquifer. iii. The storage, handling, treatment, use, production, recycling, or disposal of deleterious substances or hazardous materials, other than household chemicals used according to the directions specified on the packaging for domestic applications. iv. The use of injection wells, including on-site septic systems, except those domestic septic systems releasing less than 14,500 gallons of effluent per day and that are limited to a maximum density of one system per one acre. v. Any other activity determined by the Director of Community Development likely to have an adverse impact on groundwater quality or quantity, or on the recharge of the aquifer. 58 b. A level two hydrogeologic assessment shall include the following site and proposal - related information at a minimum, in addition to the requirements for a level one hydrogeological assessment: i. Historic water quality and elevation data for the area to be affected by the proposed activity compiled for at least the previous five-year period. ii. Groundwater monitoring plan provisions. iii. Discussion of the effects of the proposed project on the groundwater quality and quantity, including: (a) Predictive evaluation of groundwater withdrawal effects on nearby wells and surface water features. (b) Predictive evaluation of contaminant transport based on potential releases to groundwater. iv. Identification of the type and quantities of any deleterious substances or hazardous materials that will be stored, handled, treated, used, produced, recycled, or disposed of on the site, including but not limited to materials, such as elevator lift/hydraulic fluid, hazardous materials used during construction, materials used by the building occupants, proposed storage and manufacturing uses, etc. v. Proposed methods of storing any of the above substances, including containment methods to be used during construction and/or use of the proposed facility. vi. Proposed plan for implementing YMC 15.27.820.C.3.f, Protection Standards During Construction. vii. 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, and replacement of structures and equipment that could fail. viii. A complete discussion of past environmental investigations, sampling, spills, or incidents that may have resulted in or contributed to contaminated soil or groundwater at the site. Attach copies of all historical and current reports, and sampling results. Article VI. Permit Review Criteria 15.27.316 Standard development permit. A. Classification Criteria. Standard development permits include any development not subject to RCW Chapter 90.58 (Shoreline Management Act). B. Process. Standard development permits shall be processed as a Type (1) review if exempt, as a Type (2) review for all Class (2) uses and non-exempt activities, and as a Type (3) review for all Class (3) uses or applications that are of a significant size or scope as determined by the administrative official. Examples of such projects include those that typically require environmental review (SEPA), filling or excavating a stream channel or wetland, involve large amounts of fill, require large amounts of parking, etc. C. Decision Criteria. Decisions on standard development permits shall be based on the general decision criteria found in YMC 15.27.311. (Ord. 2009-42 § 2, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.317 Adjustment. A. Classification Criteria. For projects not required to be processed under RCW Chapter 90.58 (Shoreline Management Act) and Title 17 YMC (Shoreline Master Program Regulations), the administrative official or designee is authorized to administratively adjust the development standards. Existing structures, parcel size, property boundaries, and other constraints may preclude conformance with building setbacks and vegetative buffers. Given such constraints, 59 administrative adjustments may be authorized where the site plan and project design include measures to ensure the protection and performance of the functional properties identified in YMC 15.27.504. Vegetative buffer standards may be reduced to the minimum buffer width provided in YMC 15.27.510 and 15.27.604. Reductions below the minimum may be considered but require stricter criteria be met in subsection (C)(4) of this section. Adjustments to prohibited use limits are not allowed. B. Process. Requests for an adjustment permit shall be processed as a Type (2) review. Requests for adjustments of development standards shall be made in writing and shall specify the standard(s) that an adjustment is sought for, along with the reasons why the adjustment is sought. C. Decision Criteria. Decisions on adjustment permits shall be based on the general decision criteria found in YMC 15.27.311 together with the criteria below. 1. A particular standard may be reduced or modified as long as the administrative official determines that the adjustment and/or reduction: a. Is consistent with the purpose of this chapter; b. Is consistent with the intent of the standard; and c. Will not result in degradation of the critical area. 2. The administrative official or designee shall consider the following: a. The proximity and relationship of the project to any critical area and its potential impacts; b. The functions and values that the critical area performs; c. The overall intensity of the proposed use; d. The presence of threatened, endangered, or sensitive species; e. The site's susceptibility to severe erosion; and f. The use of buffer averaging or buffer enhancement plans by the applicant using native vegetation or other measures to enhance the functions and values of the fish and wildlife habitat conservation area or wetland. 3. When granting an adjustment, the administrative official or designee may require, but is not limited to, the following alternative measures to protect the functions and values of the fish and wildlife habitat conservation area or wetland: a. Restoration of impaired channels and banks to conditions which support natural stream flows, fish habitat, and other values; b. Restoration, enhancement, and preservation of soil characteristics and the quantity and variety of native vegetation; c. Provisions for erosion control and the reduction and filtration of stormwater runoff into the fish and wildlife habitat conservation area, wetland, or buffer; d. Removal or alteration of existing manmade facilities associated with stream channels or drainage ways which improve stream flow or exchange of surface waters; e. Replacement of lost fish and wildlife habitat conservation area and wetland functions and values in accordance with best available science; f. Conservation easements for key portions of fish and wildlife habitat conservation areas, wetland, or buffers and/or their inclusion within public or private conservation programs; or g. Vegetative buffer averaging may be modified by averaging buffer widths. Buffer averaging is preferred in the use of mitigation sequencing (YMC 15.27.307) over a reduction in the buffer standards. 4. The following additional criteria must be met to reduce the critical areas stream and wetland buffers below the minimum identified in YMC 15.27.510 and 15.27.604: a. There is a hardship related to maintenance of the minimum buffer width that results from parcel boundaries or existing on-site development; 60 b. When warranted under subsection A of this section, the buffer width shall be the maximum possible while meeting the minimum need of the proposal; and c. The applicant shall prepare a mitigation plan which addresses the decrease of wetland or stream function due to the decrease in buffer size. (Ord. 2008-46 § 1 (part), 2008). 15.27.318 Reasonable use exception. A. Classification Criteria. If the application of this chapter would deny all reasonable economic use of the subject property, the property owner may apply for a reasonable use exception. B. Process. A reasonable use exception shall be processed as a Type (3) review with a public hearing. C. Decision Criteria. The reasonable use request shall be accompanied by conformance criteria. Failure to satisfy any one of the criteria shall result in denial of the request and the burden of proof shall be on the applicant. Decisions on a reasonable use request shall be based on the general decision criteria found in YMC 15.27.311 together with the criteria below: 1. The application of this chapter would deny all reasonable use of the property; provided, that the inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant; 2. No other reasonable use of the property has less impact on the critical area; and 3. Any alteration is the minimum necessary to allow for reasonable use of the property. (Ord. 2008-46 § 1 (part), 2008). 15.27.319 Minor revisions to approved uses or development. A. Classification Criteria. Minor revisions as described in YMC 15.27.200 to a project that has been previously approved under a critical area permit are allowed under the following circumstances: 1. Changes that are not substantive are not required to obtain a revision and may be allowed; and 2. Substantive changes are those that materially alter the project in a manner that relates to its conformance with the permit requirements. Such changes may be approved as a minor revision, if the administrative official or designee determines that the proposed revision is within the scope and intent of the original permit, and meets the criteria listed below. Failure to meet the criteria below will require a new permit: a. Lot coverage and height may be increased by a maximum of ten percent from the provisions of the original permit; provided, that: i. Revisions involving new structures not shown on the original site plan shall require a new permit; and ii. Any revisions authorized under this subsection shall not exceed height, lot coverage, setback, or any other requirements of this chapter; b. Landscaping may be added without an application for a new permit; provided, that it is consistent with conditions of the original permit; c. The use authorized pursuant to the original permit has not changed; and d. No additional significant adverse environmental impacts will be caused by the project revision. B. Process. Minor revisions to existing permits shall be processed under Class (1) review procedures. C. Decision Criteria. Decisions on permit revisions shall be based on the general decision criteria found in YMC 15.27.311. (Ord. 2008-46 § 1 (part), 2008). 15.27.320 Nonconforming uses and facilities. Nonconforming uses and facilities are classified as either conforming uses with nonconforming structures or areas, or as nonconforming uses, both of which have different review processes and decision criteria, as provided for in YMC Chapter 15.19. (Ord. 2008-46 § 1 (part), 2008). 61 15.27.321 General critical areas protective measures. The standards below apply to all permits and reviews performed under this chapter. A. Financial Guarantees. Financial guarantees may be required to ensure mitigation, maintenance, and monitoring. 1. When required mitigation pursuant to a development proposal is not completed prior to the city of Yakima's final permit approval, the administrative official or designee may require the applicant to post a financial guarantee to ensure that the work will be completed. 2. If a development proposal is subject to compensatory mitigation, the applicant must post a financial guarantee to ensure mitigation is fully functional. 3. All financial guarantees shall be in the amount of one hundred twenty-five percent of the estimated cost of the uncompleted actions and/or the estimated cost of restoring the functions and values of the critical area that are at risk. 4. The financial guarantee may be in the form of a surety bond, performance bond, assignment of savings account, irrevocable letter of credit guaranteed by an acceptable financial institution, or other form acceptable to the administrative official or designee, with terms and conditions acceptable to the city of Yakima attorney. 5. The financial guarantee shall remain in effect until the administrative official or designee determines that the standards bonded for have been met. Financial guarantees for wetland or stream compensatory mitigation shall be held for a minimum of five years after completion of the work to ensure that the required mitigation has been fully implemented and demonstrated to function. 6. If public funds have previously been committed for mitigation, maintenance, monitoring, or restoration, a financial guarantee will not be required. 7. Failure to satisfy critical area requirements shall constitute a default, and the administrative official or his or her designee may demand payment of any financial guarantee. 8. Any funds recovered pursuant to this section shall be used to complete the required mitigation. Such funds shall be deposited in a separate account. The city of Yakima will use such funds to arrange for completion of the project or mitigation, and follow-up corrective actions. 9. Depletion, failure, or collection of financial guarantees shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration. B. Subdivision Standards. The following standards apply to all permits or reviews under the subdivision ordinance (YMC Title 14) that contain critical areas: 1. All subdivisions that contain critical areas shall be eligible for density bonuses or other development incentives, as provided in the subdivision ordinance (YMC Title 14) and zoning ordinance (this title); 2. Critical areas shall be actively protected through the following: a. Roads and utilities for the subdivision shall avoid critical areas and their buffers, as much as possible; b. When geologically hazardous areas (excluding erosion, oversteepened slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA floodways, channel migration zones (CMZs), streams, wetlands and/or vegetative buffers fall within the boundary of a subdivision: i. Said critical areas shall be protected by placing them entirely within a separate critical area tract or by including them entirely within one of the developable parcels. Other options, such as conservation easements and building envelopes, may be deemed appropriate by the administrative official as meeting this provision when special circumstances obstruct the viability of this provision; 62 ii. For those new lots that do contain said critical areas, usable building envelopes (five thousand square feet or more for residential uses) shall be provided on the plat that lies outside said critical areas. c. New lots partially within the floodplain shall provide a usable building envelope (five thousand square feet or more for residential uses) outside the floodplain. d. New lots entirely within the floodplain shall be at least one acre in area; e. For new lots containing streams, wetlands, and/or vegetative buffers, outdoor use envelopes shall be provided on the plat that lie outside said critical areas; f. Degraded vegetative buffers shall be restored, or provided with protection measures that will allow them to recover; g. Floodplains and critical areas shall be depicted on preliminary subdivision plats and relevant information about them disclosed on the final plat. h. Lots or parcels that lie entirely within geologically hazardous areas (excluding erosion, oversteepened slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA floodways, channel migration zones (CMZs), streams, wetlands, and/or vegetative buffers may not be further divided. (Ord. 2008-46 § 1 (part), 2008). Part Four. Flood Hazard Areas Article I. Flood Hazard Areas—General Provisions 15.27.400 Flood hazard areas established. The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study for Yakima County and Incorporated Areas" dated November 18, 2009, with accompanying Flood Insurance Rate Maps (FIRMs), and any amendments thereto made by the Federal Emergency Management Agency are herein adopted by reference and declared to be part of Part Four of the city of Yakima's Critical Areas Ordinance. The Flood Insurance Study and maps are on file with the city of Yakima, Washington. (Ord. 2009-42 § 3, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.401 Principles. Part Four recognizes the right and need of river and stream channels to periodically carry more than the normal flow of water and establishes regulations to minimize loss of life and property, restrict uses and regulate structures consistent with the degree of flood hazard. In advancing the above principles, the intent of Part Four is: A. To alert the county assessor, appraisers, owners, potential buyers and lessees to the natural limitations of flood -prone land; B. To meet the minimum requirements of the National Flood Insurance Program; and C. To implement state and federal flood protection programs. (Ord. 2008-46 § 1 (part), 2008). 15.27.402 Applicability. The guidelines and regulations set forth herein and in YMC Title 11 and related building codes shall apply to all special flood hazard areas. A. The provisions of Part Four of this chapter shall apply to any development proposed in a special flood hazard area; B. Flood hazard permits shall be approved by the city of Yakima. Approval shall only be granted in accordance with Part Four of this chapter and other applicable local, state, and federal regulations; C. Topographic, engineering and construction information necessary to evaluate the proposed project shall be submitted to the department for approval; and D. The granting of a permit for any development or use does not constitute a representation, guarantee or warranty of any kind or nature by the city of Yakima, or its employees, of the practicality or safety of any structure or proposed use, and shall not create liability upon or cause action against the above-mentioned body, or employee, for any damage that may result. (Ord. 2008-46 § 1 (part), 2008). 63 15.27.403 Documented exemptions. The following uses and activities are exempt from the provisions of Part Four of this chapter: A. The alteration or substantial improvement of any structure listed on the National Register of Historic Places or state inventory of historic places; B. The installation and maintenance of aboveground utility transmission lines and poles; and C. Private driveways, fences and other accessory activities and/or uses necessary for agricultural uses which the administrative official determines will not unduly decrease flood storage or capacity, significantly restrict floodwaters, create a substantial impoundment of debris carried by floodwaters, and will resist flotation and collapse. (Ord. 2008-46 § 1 (part), 2008). 15.27.404 Interpretations. A. In the interpretation and application of Part Four of this chapter, the provisions shall be considered as minimum requirements; and shall be strictly construed in favor of the policies and standards herein; and deemed neither to limit nor repeal any other powers granted under state statute. Its provisions shall be applied in addition to and as a supplement to provisions of Yakima Municipal Code Title 11, Buildings; Title 12, Development Standards; Title 14, Subdivisions; and this title, Yakima Urban Area Zoning Ordinance. YMC 15.27.400 through 15.27.436 are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where these ordinances and other ordinances conflict or overlap, the standard imposing the more stringent requirement shall prevail. B. In an interpretation as to an exact location of the boundaries of the special flood hazard areas (i.e., conflict between a mapped boundary and actual field conditions), the person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of the National Flood Insurance Program Section 60.6 (See 44 CFR 59, et seq., and IBC Section 104.1). (Ord. 2008- 46 § 1 (part), 2008). 15.27.405 Compliance. No structure or land shall hereafter be used, constructed, located, extended, converted, or altered without full compliance with the terms of Part Four of this chapter and other applicable regulations. (Ord. 2008-46 § 1 (part), 2008). 15.27.406 Warning and disclaimer of liability. The degree of flood protection required by Part Four of this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. Part Four does not imply that land outside the area of special flood hazards or permitted uses within such area will not be subject to flooding or flood damage. (Ord. 2008-46 § 1 (part), 2008). Article II. Flood Hazard Protection Standards 15.27.407 General standards. The following regulations shall apply in all special flood hazard areas pursuant to the IBC, ASCE-24, and HUD 24 CFR Part 3280: A. Anchoring and Construction Techniques. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. (For additional information please refer to guidebook, FEMA-85.) Anchoring shall meet the specifications set forth below for structures located within one hundred feet of a floodway or the ordinary high water mark if no floodway has been established. B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 64 2. All new and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during the conditions of flooding. C. All new construction and any improvements or additions to existing floodproofed structures that would extend beyond the existing floodproofing located within one hundred feet of the floodway or one hundred feet of the ordinary high water mark if no floodway has been established shall be elevated to a height equal to or greater than the base flood, using zero-rise methods such as piers, posts, columns, or other methodology, unless it can be demonstrated that non-zero-rise construction methods will not impede the movement of floodwater or displace a significant volume of water. The size and spacing of any support devices used to achieve elevation shall be designed to penetrate bearing soil, and be sufficiently anchored, as specified above in subsections A and B of this section. D. Except where otherwise authorized, all new construction and substantial improvements to existing structures shall require certification by a registered professional engineer, architect or surveyor that the design and construction standards are in accordance with adopted floodproofing techniques. E. Utilities. 1. All new and replacement water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 2. Water wells shall be located on high ground that is not in the floodway. F. Subdivision Proposals. Subdivision proposals shall: 1. Be consistent with the need to minimize flood damage; 2. Have roadways, public utilities and other facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; 3. Have adequate drainage provided to reduce exposure to flood damage; 4. Include base flood elevation data; and 5. In the cases where base flood elevation is not available and the subdivision is greater than five acres or fifty lots, a step-back water analysis shall be required to generate the base flood elevation data. G. Watercourse Alterations. The flood-carrying capacity within altered or relocated portions of any watercourse shall be maintained. Prior to the approval of any alteration or relocation of a watercourse in riverine situations, the department shall notify adjacent communities, the Department of Ecology and FEMA of the proposed development. (Ord. 2015-036 § 5, 2015: Ord. 2009-42 § 4, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.408 Specific standards. In all special flood hazard areas where base elevation data has been provided as set forth in YMC 15.27.400, the following regulations shall apply, in addition to the general standards of YMC 15.27.407: A. Residential Construction. (See IRC Section 323.2.) 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at a minimum to or above the base flood elevation. 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must 65 either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; b. The bottom of all openings shall be no higher than one foot above grade; and c. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. 3. Residential construction within one hundred feet of a floodway, or the ordinary high water mark if no floodway has been established, shall also meet the requirements of YMC 15.27.407(C). B. Nonresidential Construction (44 CFR 60.3(C)(3) and (4)). New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation or, together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans; and 4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (A)(2) of this section. C. Manufactured Homes. Manufactured homes shall be elevated in accordance with IBC Section 501.1, Appendix "G." D. Recreational Vehicles. Recreational vehicles placed on sites are required to either: 1. Be on the site for fewer than one hundred eighty consecutive days; 2. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick -disconnect -type utilities and security devices, and have no permanently attached additions; or 3. Meet the anchoring requirements of subsection C of this section. (Ord. 2008-46 § 1 (part), 2008). Article III. Floodway Fringe Uses 15.27.409 Permitted uses. The following uses are permitted in the floodway fringe areas: A. Any use permitted in the zoning district in accordance with this title, unless prohibited by YMC 15.27.410; provided, that said use is in compliance with the flood hazard protection standards of YMC 15.27.407 and 15.27.408 and other applicable provisions of this chapter and will have a negligible effect upon the floodway in accordance with the floodway encroachment provisions of YMC 15.27.412(B). B. All new encroachments, including fill, new construction and other development, if certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted upland of the established floodway fringe, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; 66 C. All new encroachments, including fill, new construction and other development, if:1. The new encroachment is separated from the waterbody by an existing public roadway or legal development. 2. The new encroachment is located in a residential zone with a density of greater than 1 unit per acre. D. Utility Transmission Lines. Utility transmission lines shall be permitted when consistent with this title and where not otherwise inconsistent with Part Four of this chapter; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway fringe or special flood hazard area, such transmission line shall conform to the following: 1. Electric transmission lines shall cross floodway fringe and special flood hazard areas by the most direct route feasible. When support towers must be located within floodway fringe or special flood hazard areas, they shall be placed to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed. 2. Buried utility transmission lines transporting hazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet. Such burial depth shall be maintained within the floodway fringe or special flood hazard area to the maximum extent of potential channel migration as determined by hydrologic analyses. All such hydrologic analyses shall conform to requirements of YMC 15.27.411(C)(3). 3. Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features. 4. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of nonhazardous materials. In such cases, applicants must demonstrate that line placement will have no appreciable effect upon flood depth, velocity or passage. Such lines shall be adequately protected from flood damage. 5. Aboveground utility transmission line appurtenant structures, including valves, pumping stations or other control facilities, shall not be permitted in floodway fringe or special flood hazard areas except where no other alternative is available, or in the event a floodway fringe or special flood hazard location is environmentally preferable. This does not apply to domestic water and regional wastewater transmission pipes. In such instances, aboveground structures shall be located so that no appreciable effect upon flood depth, velocity or passage is created, and shall be adequately floodproofed. (Ord. 2008-46 § 1 (part), 2008). E. Any use permitted in the zoning district in accordance with this title, unless prohibited by YMC 15.27.410, that is unable to adhere to the standards contained in YMC 15.27.409(A -D) above may be permitted if a critical areas report is prepared by a qualified professional, in accordance with YMC 15.27.314, that addresses whether the encroachment would have an adverse impact on fish and wildlife and/or floodplain functions. 15.27.410 Prohibited uses. The following uses are prohibited in the floodway fringe areas: A. Any structure, including manufactured homes and the expansion of manufactured home/parks, designed for or to be used for human habitation of a permanent nature (including temporary dwellings authorized by YMC 15.04.130 and 15.04.140) that does not meet the criteria in YMC 15.27.409(A -E); B. Any encroachments, including fill, new construction and other development, unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted upland of the established 67 floodway fringe, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; C. Reconstruction of residential structures within the designated floodway fringe, except for: 1. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and 2. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the assessed value of the structure either: a. Before the repair, reconstruction or improvement is started; or b. If the structure has been damaged and is being restored, before the damage occurred. 3. Work done on structures to correct existing violations of existing health, sanitary or safety codes, or to structures identified as historic places, shall not be included in the fifty percent. 4. If subsection B of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Part Four. Article IV. Floodway Uses 15.27.411 Permitted uses. The following uses are permitted in the floodway fringe areas: A. Any use permitted in the zoning district in accordance with this title; provided, that said use is in compliance with the flood hazard protection standards of YMC 15.27.407 and 15.27.408 and other applicable provisions of this chapter and will have a negligible effect upon the floodway in accordance with the floodway encroachment provisions of YMC 15.27.412(B). B. All new encroachments, including fill, new construction and other development, if certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; C. Surface mining; provided, that the applicant can provide clear evidence that such uses will not divert flood flows causing channel -shift or erosion, accelerate or amplify the flooding of downstream flood hazard areas, increase the flooding threat to upstream flood hazard areas, or in any other way threaten public or private properties. When allowed, such removal shall comply with the provisions of this title; D. Utility transmission lines, unless otherwise prohibited by this chapter; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway en route to another destination, as opposed to serving customers within a floodway, such transmission lines shall conform to the following: 1. All utility transmission lines shall cross floodways by the most direct route feasible, as opposed to paralleling floodways; 2. Electric transmission lines shall span the floodway with support towers located in flood fringe areas or beyond. Where floodway areas cannot be spanned due to excessive width, support towers shall be located to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed; 3. Buried utility transmission lines transporting hazardous and nonhazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet below the maximum established scour of the waterway, as 68 calculated on the basis of hydrologic analyses. Such burial depth shall be maintained horizontally within the hydraulic floodway to the maximum extent of potential channel migration as determined by hydrologic analyses. In the event potential channel migration extends beyond the hydraulic floodway, conditions imposed upon floodway fringe and special flood hazard areas shall also govern placement. All hydrologic analyses are subject to acceptance by the city of Yakima, which shall assume the conditions of a one -hundred - year frequency flood as verified by the U.S. Army Corps of Engineers, and shall include on- site investigations and consideration of historical meander characteristics in addition to other pertinent facts and data; 4. Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features; and 5. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of nonhazardous materials where an existing or new bridge or other structure is available and capable of supporting the line. When located on existing or new bridges or other structures with elevations below the one -hundred -year flood level, the transmission line shall be placed on the downstream side and protected from flood debris. In such instances, site-specific conditions and flood damage potential shall dictate placement, design and protection throughout the floodway. Applicants must demonstrate that such aboveground lines will have no appreciable effect upon flood depth, velocity or passage, and shall be adequately protected from flood damage. If the transmission line is to be buried except at the waterway crossing, burial specifications shall be determined as in subsection (C)(3) of this section; E. Construction or reconstruction of residential structures only as authorized in YMC 15.27.412(E); F. Improvements to existing residential structures that are not substantial improvements per YMC 15.27.200, provided the improvement complies with the requirement set forth in YMC 15.27.412(B); G. Water -dependent utilities and other installations which by their very nature must be in the floodway. Examples of such uses are: dams for domestic/industrial water supply; wastewater treatment and collection systems; stream crossings or wetlands; flood control and/or hydroelectric production; water diversion structures and facilities for water supply; irrigation and/or fisheries enhancement; floodwater and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; and structures and nonstructural uses and practices; provided, that the applicant shall provide evidence that a floodway location is necessary in view of the objectives of the proposal; and provided further, that the proposal is consistent with other provisions of this chapter. In all instances of locating utilities and other installations in floodway locations, project design must incorporate floodproofing and otherwise comply with subsection C of this section; and, H. Roads and bridges, subject to the regulations of subsections (D)(1) through (5) of this section. (Ord. 2008-46 § 1 (part), 2008). 15.27.412 Prohibited uses. The following uses/developments are prohibited in the floodway: A. Any structure, including manufactured homes, designed for or to be used for human habitation of a permanent nature (including temporary dwellings authorized by YMC 15.04.130 and 15.04.140); B. Any encroachments, including fill, new construction and other development, unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the established floodway, 69 cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; C. Aboveground utility transmission line appurtenant structures, including valves, pumping stations, or other control facilities, shall not be permitted in the floodway, except for domestic water and regional wastewater facilities where necessary; D. Where a floodway has not been determined by preliminary Corps of Engineers' investigations or official designation, a floodway shall be defined by qualified engineering work by the applicant on the basis of a verified one -hundred -year flood event; E. Construction or reconstruction of residential structures within designated floodways, except for: 1. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and 2. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the assessed value of the structure either: a. Before the repair, reconstruction or improvement is started; or b. If the structure has been damaged and is being restored, before the damage occurred. 3. Work done on structures to correct existing violations of existing health, sanitary or safety codes, or to structures identified as historic places, shall not be included in the fifty percent. 4. If subsection B of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Part Four. F. The construction or storage of any object subject to flotation or movement during flood level periods; G. The following uses, due to their high degree of incompatibility with the purpose of establishing and maintaining a functional floodway, are specifically prohibited: 1. The filling of wetlands, except as authorized under Part Five, Fish and Wildlife Habitat and the Stream Corridor, and Part Six, Wetlands; 2. Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and/or materials; and 3. Damming or relocation of any watercourse that will result in any downstream increase in flood levels during the occurrence of the base flood discharge (see YMC 15.27.509). H. The construction of new dikes. I. The listing of prohibited uses in this section shall not be construed to alter the general rule of statutory construction that any use not permitted is prohibited. (Ord. 2008-46 § 1 (part), 2008). 15.27.413 Nonconforming uses and facilities. A. Within the special flood hazard areas established by this chapter or amendments thereto, there may exist structures and uses of land and structures which were lawful before these sections were adopted or amended, but which would be prohibited or restricted under the terms of Part Four of this chapter or future amendment. B. It is the intent of YMC Chapter 15.19 to permit these lawful preexisting nonconformities to continue until they are removed by economic forces or otherwise, but not to encourage their survival except in cases where continuance thereof would not be contrary to the public health, safety or welfare, or the spirit of this chapter. (Ord. 2008-46 § 1 (part), 2008). Article V. Flood Hazard Protection Administration 15.27.414 Administration. The administrative official is vested with the duty of administering the rules and regulations relating to flood hazard protection in accordance with the provisions of Part Four and may prepare and require the use of such forms as are essential to such administration. (Ord. 2009- 42 § 5, 2009: Ord. 2008-46 § 1 (part), 2008). 70 15.27.415 Authority. Upon application, the administrative official shall have the authority to grant a flood hazard permit when compliance with the applicable conditions as set forth in Part Four of this chapter and in other applicable local, state and federal regulations has been demonstrated and the proposal is found to be consistent with the purpose of the policies of the critical areas ordinance. (Ord. 2009-42 § 6, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.416 Permit—Required. Prior to any development within a special flood hazard area, a flood hazard permit shall be obtained. This permit may be in addition to the critical area development authorization as set forth in Part Three of this chapter. (Ord. 2008-46 § 1 (part), 2008). 15.27.417 Permit—Application. All persons applying for a flood hazard permit shall submit a written application, accompanied by an application fee as specified in YMC Title 11, using the forms supplied. The application shall not be considered complete until the following minimum information is provided as identified below and in YMC 15.11.050: A. Name, address and telephone number of applicant and property owner if different; B. Project description and taxation parcel identification number; C. Name of the stream or body of water associated with the floodplain in which the development is proposed; and D. Site plan map drawn to an engineering scale showing: 1. Actual dimensions and shape of the parcel to be built on; 2. Sizes and location of existing structures on the parcel; 3. Location and dimensions of the proposed development, structure or alteration; 4. Location, volume and type of any proposed fill; and 5. The application shall include other information as may be required by the administrative official to clarify the application for the enforcement of Part Four of this chapter. (Ord. 2008- 46 § 1 (part), 2008). 15.27.418 Permit—Review. Flood hazard permit applications will be reviewed to determine: A. The elevation and floodproofing requirements of Part Four of this chapter; B. The proposed development's location in relation to the floodway and any encroachments, YMC 15.27.412(B); C. Alteration or relocation of a watercourse; D. That the proposed development is a permitted use under Part Four of this chapter and YMC Title 15; and E. That all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. (Ord. 2009-42 § 7, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.419 Use of available data. When base flood elevation data has not been provided in accordance with YMC 15.27.400, Flood hazard areas established, the city shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer YMC 15.27.408, 15.27.412, and Chapter 15.25. (Ord. 2008-46 § 1 (part), 2008). 15.27.420 Limitations. Permits issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized is a violation of Part Four and punishable as provided by YMC Chapter 15.25. (Ord. 2008-46 § 1 (part), 2008). 71 15.27.421 Permit—Expiration and cancellation. If the work described in any permit has not begun within one hundred eighty days from the date of issuance thereof, the permit shall expire and be canceled by the administrative official. (Ord. 2009-42 § 8, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.422 Performance bonds. A. The city may require bonds in such form and amounts as may be deemed necessary to assure that the work shall be completed in accordance with approvals under Part Four of this chapter. Bonds, if required, shall be furnished by the property owner or other person or agent in control of the property. B. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the city in an amount equal to that which would be required in the surety bond. (Ord. 2008-46 § 1 (part), 2008). 15.27.423 Appeals. The decision to grant, grant with conditions, or deny a flood hazard permit shall be final and conclusive unless the applicant appeals the decision pursuant to the procedure established for appeals in Part Three. (Ord. 2008-46 § 1 (part), 2008). 15.27.424 Coordination. Upon application, the administrative official shall have the authority to grant a flood hazard permit when compliance with the applicable conditions as set forth in Part Four of this chapter and in other applicable local, state and federal regulations has been demonstrated and the proposal is found to be consistent with the purpose of this chapter. (Ord. 2009-42 § 9, 2009: Ord. 2008-46 § 1 (part), 2008). Article VI. Elevation and Floodproofing Certification 15.27.425 Applicability. Certification for elevation and floodproofing shall be required only for the new construction or substantial improvement of any residential, commercial, industrial, or nonresidential structure located in a special flood hazard area. (Ord. 2008-46 § 1 (part), 2008). 15.27.426 Certification form. The form of the elevation and floodproofing certificate shall be specified by the administrative official and shall be generally consistent with that required by FEMA for the administration of the National Flood Insurance Program. (Ord. 2009-42 § 10, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.427 Information to be obtained and maintained. The elevation and floodproofing certificate shall verify the following flood hazard protection information: A. The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; B. The actual elevation (in relation to mean sea level) of floodproofing of all new or substantially improved nonresidential floodproofed structures; and C. Where a base flood elevation has not been established according to YMC 15.27.400, or where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. (Ord. 2008-46 § 1 (part), 2008). 15.27.428 Certification responsibility. The project proponent shall be responsible for providing required certification data to the administrative official prior to the applicable construction inspection specified in the certification form. All elevation and floodproofing data specified in YMC 15.27.427 must be obtained and certified by a registered professional engineer, architect, or surveyor. The elevation and 72 floodproofing certification shall be permanently maintained by the administrative official. (Ord. 2008-46 § 1 (part), 2008). Article VII. Flood Hazard Variances 15.27.429 Procedure. Any person seeking a variance from the requirements of Part Four authorized under YMC 15.27.430 shall make such request in writing to the planning department on the forms they supply. Upon receipt of a completed application and application fee for the variance, a notice of the variance request shall be forwarded to all landowners of adjacent property within twenty- eight days of the receipt of a completed application and payment of fees. The notice shall solicit written comment on the variance request and specify a time period not less than twenty days from the date of mailing, during which written comments may be received and considered. The notice shall also state that copies of the administrative official's final decision will be mailed upon request. The administrative official may also solicit comments from any other person or public agency he or she feels may be affected by the proposal. (Ord. 2008-46 § 1 (part), 2008). 15.27.430 Variance limitations. A. Variances shall be limited solely to the consideration of: 1. Elevation requirements for lowest floor construction; 2. Elevation requirements for floodproofing; and 3. The type and extent of floodproofing. B. Variances shall not be considered for any procedural or informational requirements or use prohibitions of Part Four of this chapter. (Ord. 2008-46 § 1 (part), 2008). 15.27.431 Conditions for authorization. Before a variance to the provisions of Part Four may be authorized, it shall be shown that: A. There are special circumstances applicable to the subject property or to the intended use, such as size, topography, location or surroundings, that do not apply generally to other property in the same vicinity and zone; B. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located; C. Such a variance is the minimum necessary, considering the flood hazard, to afford relief; D. Failure to grant the variance would result in exceptional hardship to the applicant; and E. The granting of such a variance will not result in: 1. Increased flood heights; 2. Additional threats to public safety; 3. Creation of nuisances; 4. Extraordinary public expense; or 5. Conflicts with other existing local laws or ordinances. (Ord. 2008-46 § 1 (part), 2008). 15.27.432 Administrative official's decision. After considering any comments received from other agencies, jurisdictions or adjoining property owners, the administrative official shall approve, approve with conditions, or deny the variance request. The administrative official shall prepare written findings and conclusions stating the specific reasons upon which the decision is based. (Ord. 2008-46 § 1 (part), 2008). 15.27.433 Notification and final decision. The decision shall be issued within seven days from the end of the comment period. Further, the administrative official shall mail the findings and decision to the applicant and to other parties of record requesting a copy. (Ord. 2008-46 § 1 (part), 2008). 15.27.434 Power to refer decisions. In exercising the duties and powers of implementing and administrating Part Four of this chapter, the administrative official may refer any variance application to the hearing examiner for action at a public hearing. (Ord. 2008-46 § 1 (part), 2008). 73 15.27.435 Appeals. Any decision by the administrative official to approve or deny a variance request may be appealed subject to the procedures set forth in YMC Chapter 15.16. (Ord. 2008-46 § 1 (part), 2008). 15.27.436 Federal flood hazard map correction procedures. The procedures for federal flood hazard map correction, as provided in federal regulations 44 CFR 70 of the National Flood Insurance Program, are hereby adopted by reference. (Ord. 2008- 46 § 1 (part), 2008). Part Five. Fish and Wildlife Habitat Conservation Areas Article I. Introduction 15.27.500 Purpose and intent. Policies and standards to help conserve and protect fish and wildlife habitat conservation areas are designed to accomplish the following: A. Meet the requirements of the Growth Management Act (RCW 36.70A.172) regarding best available science; B. Require consideration of alternatives for necessary development, construction, and uses within fish and wildlife habitat conservation areas; C. Prevent decline in the quantity and quality of surface and subsurface waters; D. Conserve, restore, and protect fish and wildlife habitats, vegetation, and ecological relationships; E. Protect fish and wildlife habitat conservation areas from the potential negative effects of development through coordinated land use planning; and, F. Protect fish and wildlife habitat conservation areas through voluntary agreements or government incentives. 15.27.501 Protection approach. To maintain fish and wildlife habitat, there must be adequate environmental conditions for reproduction, foraging, resting, and dispersal of animals. Factors affecting both habitat and its quality include the presence of essential resources such as food, water, cover, and lack of disturbance and diseases. The city of Yakima protects fish and wildlife habitat through: 1. Designation of fish and wildlife habitat conservation areas; and 2. Application of development standards based on best available science to proposed activity and development in or near fish and wildlife habitat conservation areas. Article II. Designation and Mapping 15.27.502 Designation. A. Designation: Fish and wildlife habitat conservation areas are those habitat areas outside of shoreline jurisdiction that meet any of the criteria listed below. 1. Areas with which state and federal endangered, threatened, and sensitive species have a primary association; 2. Habitats and species of local importance; 3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; 4. Waters of the state, including any required buffers and associated Federal Emergency Management Agency -mapped floodplains and floodways; 5. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; and 6. State natural area preserves, natural resource conservation areas, and state wildlife areas. 74 B. Habitat and habitats of local importance. 1. All species and habitats identified by WDFWs Priority Habitats and Species program that may be found in the city of Yakima are designated as fish and wildlife habitat conservation areas and afforded protection under this chapter. 2. Species and habitats of local importance may be identified for protection under this chapter. State or local agencies, individuals or organizations may identify and nominate for consideration specific species and habitats, or a general habitat type, including streams, ponds or other features. Proponents shall have the burden of presenting evidence concerning the criteria set forth below. The nomination shall be processed once a year through the annual comprehensive plan amendment cycle. a. The decision for changes to species and habitats of local importance shall consider: i. Concern due to population status; ii. Sensitivity to habitat manipulation; iii. Importance to the local community; and iv. Criteria used to identify state priority species, which include: (a) State candidate species that are defined by WDFW Policy M-6001 to include fish and wildlife species that WDFW will review for possible listing as state endangered, threatened, or sensitive; (b) Vulnerable aggregations, which includes those species or groups of animals susceptible to significant population declines, within a specific area, by virtue of their inclination to aggregate; (c) Species of recreational, commercial, and/or tribal importance that are vulnerable; and (d) The economic impact both positive and negative to the applicant's property or surrounding property. Economic impact is to be determined by a properly qualified individual or firm using industry standards. b. Nominated habitats and habitats for species of local importance shall consider the following and must include maps to illustrate the proposal: i. A seasonal range or habitat element which, if altered, may reduce the likelihood that the species will maintain or reproduce over the long term; ii. Areas of high relative density or species richness, breeding habitat, winter range, and movement corridors; iii. Habitat with limited availability or high vulnerability to alteration; and iv. Whether these habitats are already identified and protected under the provisions of this or other local ordinances or state or federal law. c. Habitat management recommendations shall be included for use in the administration of this section. 3. Development Standards. Projects located within habitats of local importance or within 200 feet of species of local importance, as designated in subsection B.1 and B.2 of this section, shall comply with the applicable development standards in YMC 15.27.508 through 15.27.521. In addition, projects shall be designed using management recommendations established for the species or habitat by federal and state agencies, or those adopted for species and habitats of local importance by the city of Yakima. The department shall consider the extent such recommendations are used in its decision on the proposal, and may consider recommendations and advice from agencies with expertise. (Ord. 2008-46 § 1 (part), 2008). 15.27.504 Functional properties. A. Aquatic fish and wildlife habitat conservation areas require a sufficient riparian area to support one or more of the following functional properties: 1. Stabilizing banks; 2. Providing a sufficient shade canopy to maintain water temperatures that support fish and their habitat; 75 3. Moderating the impact of stormwater runoff; 4. Filtering solids, nutrients and harmful substances; 5. Preventing surface erosion; 6. Providing and maintaining migratory corridors for wildlife; 7. Supporting a diversity of wildlife habitats; or 8. Allowing for the natural occurrence of woody debris and organic matter to collect in the aquatic environment. B. Stream channels assist in one or more of the following functional properties: 1. Groundwater recharge and/or discharge; 2. Water transport; 3. Sediment transport and/or storage; 4. Biochemical functions; 5. Channel migration and the protection of habitats; or 6. Food and habitat. C. Lakes, ponds and wetlands generally provide similar functions and generally provide one or more of the following functional properties: 1. Biogeochemical functions that improve water quality; 2. Hydrologic functions maintaining the water regime in a watershed (flood flow attenuation, decreasing erosion, and groundwater recharge); or 3. Food and habitat. D. Floodplains generally provide one or more of the following functional properties: 1. Floodwater storage; 2. Floodwater passage and the movement of high-velocity waters; 3. Sediment storage and recruitment; 4. Food and habitat; 5. Nutrient sink and/or source; or 6. Groundwater recharge and discharge. E. Habitat for wildlife consists of the arrangement of food, water, cover, and space. Wildlife habitat generally includes one or more of the following functional properties: 1. Reproduction and/or nesting; 2. Resting and refuge; 3. Foraging for food; or 4. Dispersal and migration. F. Some functions require larger areas, which may not be achievable due to existing development and construction constraints, especially in urban areas. In these instances, adjustments to the minimum standards to accommodate such constraints may be necessary. Where adjustments may be necessary, reductions of standards should be offset by enhancement, restoration or preservation measures which replace the lost functions or values or strengthen other functional values if replacement is not possible. (Ord. 2008-46 § 1 (part), 2008). 15.27.505 Water typing system. For purposes of this chapter, the city of Yakima hereby adopts a stream, lake and pond typing system, for those features designated as critical areas in YMC 15.27.502, as follows: A. Type 1 waters are those waters, within their ordinary high water mark (OHWM), meeting the criteria as "shorelines of the state" and "shorelines of statewide significance" under RCW Chapter 90.58. Waters associated with Type 1 waters as defined in RCW Chapter 90.58 are not included; B. Type 2 waters are those perennial, salmonid-bearing surface water features which require protection due to the nature of their contributions to the functional properties listed in YMC 15.27.504 and are considered "streams, lakes and/or ponds of local importance," as listed in Appendix B of this title; 76 C. Type 3 waters include all perennial, non-salmonid bearing surface water features within the city of Yakima not classified as Type 1 or 2. (See YMC 15.27.200, "perennial stream"); D. Type 4 waters are all non-fish-bearing intermittent surface water features within the city of Yakima not classified as Type 1, 2 or 3. (See YMC 15.27.200, "intermittent stream"); E. Type 5 waters are all ephemeral streams within the city of Yakima not classified as Type 1, 2, 3 or 4. Type 5 waters are not regulated as fish and wildlife habitat conservation areas. (See YMC 15.27.200, "ephemeral stream"); and F. Lakes and Ponds. 1. Lakes and ponds not designated as a shoreline that receive water from the OHWM of a Type 2, 3, or 4 stream shall have the same surface water type as the highest stream type from which the lake or pond receives water. 2. Natural lakes and ponds, not designated as a shoreline, that do not receive water from the OHWM of a Type 1, 2, 3, or 4 stream shall be Type 3 ponds. 15.27.507 Maps. Certain fish and wildlife habitat conservation areas have been inventoried and are depicted on a series of paper and electronic maps. The maps do not officially define the extent or characteristics of specific critical areas, but rather the potential physical boundaries and characteristics. Maps may be both regulatory and nonregulatory in nature as described below: A. Regulatory maps include any floodway or floodplain identified as a special flood hazard area by the Federal Emergency Management Agency (FEMA) as identified in the flood insurance studies (FIRMs). B. Informational maps indicate the approximate presence, location and/or typing of the potential critical area. Informational maps include, but are not limited to, the following: 1. Wetlands; 2. Streams; 3. Channel migration zone; and 4. Species and habitats of local importance. Note: This map will be generated at such a time when the city of Yakima formally adopts a species or habitat of local importance. C. Other nonregulatory information sources include maps or other data sources, but are not limited to: 1. Comprehensive flood hazard management plans; 2. Soil survey of the city of Yakima; 3. Surface geologic maps; 4. Historic and current aerial photo series; and 5. Geohydraulic studies—geologic cross-sections showing aquifers and confining units. (Ord. 2008-46 § 1 (part), 2008). Article III. General Development Standards 15.27.508 Prohibited uses. The following uses and activities are prohibited within fish and wildlife habitat conservation areas: A. Storage, handling, and disposal of material or substances that are dangerous or hazardous with respect to water quality and life safety; B. The placement of mining tailings, spoilage, and mining waste materials, except for that associated with the mining of gravel; C. The draining or filling of a wetland, lake or pond, except as provided for in YMC 15.27.519; D. The removal and transport of material for fill outside of the stream corridor; E. Site runoff storage ponds, holding tanks and ponds, and other similar waste disposal facilities. Note: This provision does not include regional wastewater plant facilities, collection pipes, septic systems approved by a local or state agency, and other related facilities; F. Solid waste disposal sites; G. Automobile wrecking yards; 77 H. Fill for the sole purpose of increasing land area within the stream corridor; I. Uses located within the floodway fringe that are listed in YMC 15.27.410; and J. Uses located within the floodway that are listed in YMC 15.27.412. (Ord. 2008-46 § 1 (part), 2008). 15.27.509 General policies and standards. The following policies and standards shall apply to any development, construction, or use carried out within a designated fish and wildlife habitat conservation area: A. The ordinary high water mark of a stream or lake, and the edge of a wetland, shall be marked on the ground before any development, construction, or use is initiated; B. Existing vegetation and any vegetative species pertinent to the critical area identified on the project site within the stream corridor shall only be disturbed to the minimum extent possible; C. Nesting areas and other sensitive habitat identified within a stream corridor shall be disturbed to the minimum extent possible; D. Projects within the stream corridor shall be scheduled to occur at times and during seasons having the least impact to spawning, nesting, or other sensitive wildlife activities. Scheduling recommendations from the appropriate state and/or federal agency may be considered; E. Developments that obtain a stormwater permit approved by a local, state or federal agency and transportation projects using the Eastern Washington stormwater manual are exempt from: 1. Excavation, grading, cut/fills, compaction, and other modifications which contribute to erosion of soils shall be confined to the minimum necessary to complete the authorized work and avoid increased sediment load; 2. The removal of ground-cover vegetation, excavation, and grading shall be scheduled for periods when soils are the least vulnerable to erosion, compaction and movement unless suitable protective measures are used to prevent erosion; 3. Increases in impervious surface area, compaction of soil, changes in topography, and other modifications of land within a stream corridor shall provide on-site facilities for detention, control, and filtration if potential increases have been identified to occur; 4. The discharge point for controlled stormwater runoff shall be designed and constructed to avoid erosion; and 5. Matting or approved temporary ground cover shall be used to control erosion until natural vegetative ground cover is successfully established; F. Development, construction, and uses shall not directly or indirectly degrade surface water and groundwater through the introduction of nutrients, fecal coliform, toxins, and other biochemical substances; G. Prior to the approval of development, construction, or uses within a designated stream corridor, any existing source of biochemical or thermal degradation identified as originating on the project property shall be corrected; H. Facilities which use fertilizers, pesticides or herbicides shall use landscaping, low-risk products, application schedules, and other protective methodology to minimize the surface and subsurface transfer of biochemical materials into the stream corridor; I. Modifications to natural channel gradient, channel morphology, drainage patterns, and other stream features shall not permanently alter or obstruct the natural volume or flow of surface waters; J. Development, construction, or uses within the stream corridor shall not alter or divert flood flows, cause channel shift, erosion, and increase or accelerate the flooding of upstream or downstream flood hazard areas; K. Structures placed in close proximity to the outer edge of bends in stream channels shall be located to minimize the hazard from stream undercutting and stream bank erosion stemming from potential future stream migration; 78 L. The Department of Ecology and adjacent communities shall be notified prior to any alteration or relocation of a watercourse and evidence of such notification shall be submitted to the Federal Emergency Management Agency; M. Maintenance shall be provided for the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished; N. Development, construction, or uses within the fish and wildlife habitat conservation area shall be mitigated using mitigation sequencing as outlined in YMC 15.27.307; O. Development shall not obstruct, cut off, or isolate stream corridor features; P. Nothing in these regulations shall constitute authority of any person to trespass or in any way infringe upon the rights of private ownership; Q. If archaeological resources are uncovered during excavation, developers and property owners shall immediately stop work and notify the city of Yakima, the Washington State Office of Archaeology and Historic Preservation and any affected Indian nation. Archaeological sites are subject to RCW Chapters 27.44 and 27.53. Development or uses that may impact such sites shall comply with WAC Chapter 25-48, Archaeological Excavation and Removal Permit; R. Projects located within the floodway must meet the requirements of YMC 15.27.411; and S. Any portion of the vegetative buffer temporarily damaged or disturbed as a result of construction activities (excluding approved permanent use areas) shall be repaired at the completion of construction using the reclamation found in YMC 15.27.521. (Ord. 2008-46 § 1 (part), 2008). Article IV. Buffer Requirements 15.27.510 Vegetative buffers. The establishment of a vegetative buffer system is necessary to protect the functions and values of streams, lakes, and ponds, (Table 27.5-1). Buffers associated with wetlands are listed in YMC 15.27.604. A. Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes, and ponds. The width of the buffer shall be determined according to the water type. Buffer width may be reduced through an adjustment permit process (YMC 15.27.317) using one of the following methods: 1. Where a legally established road or railway crosses a critical area buffer, the administrative official or designee may approve a modification of the minimum required buffer width to the waterward edge of the improved road if a study submitted by the applicant and prepared by a qualified professional demonstrates that the part of the buffer on the upland side of the road sought to be reduced: a. Does not provide additional protection of the waterbody; and b. Provides insignificant biological, geological or hydrological buffer functions relating to the waterward portion of the buffer adjacent to the waterbody. If the improved roadway corridor is wider than twenty feet, a study is not required. 2. Buffer averaging to improve stream protection may be permitted when all of the following conditions are met: a. The buffer has significant differences in characteristics that affect its habitat functions. b. The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the stream and decreased adjacent to the lower-functioning or less sensitive portion as demonstrated by a critical areas report from a qualified professional. c. The total area of the buffer after averaging is equal to the area required without averaging. d. The buffer at its narrowest point is never less than three-quarters of the required width. 3. Buffer averaging to allow reasonable use of a parcel may be permitted when all of the following are met: 79 a. There are no feasible alternatives to the site design that could be accomplished without buffer averaging. b. The averaged buffer will not result in degradation of the stream's functions and values as demonstrated by a critical areas report from a qualified professional. c. The total buffer area after averaging is equal to the area required without averaging. d. The buffer at its narrowest point is never less than three-quarters of the required width. B. The minimum buffer widths listed in Table 27.5-1 are the lowest possible buffer widths allowed by means of the adjustment process. Adjustments below the minimum buffer width must meet additional approval criteria as provided in YMC 15.27.317(C)(4). D. The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetative community within the buffer zone that is deemed adequate to protect the identified critical area. 1. If the vegetation is degraded, then revegetation may be considered with any adjustment to the buffer width. 2. Where the use is being intensified, a degraded buffer may be revegetated to maintain the standard width. Table 27.5-1 Water Type Buffer Width—standard/(minimum adjustment) Type 1 shoreline streams, lakes, and ponds See Table 09.030-1 in YMC 17.09.030.P. Type 2 100' Type 3 50' Type 4 25' Type 5 No buffer standards. Type 5 streams are not regulated as streams, but may be protected under geologically hazardous area, floodplain, stormwater, construction, grading or other development regulations. Article V. Land Modification Development Standards 15.27.511 Roads, railroads, and parking. The following provisions shall apply to the location and construction of roads, railroads, and parking within a designated fish and wildlife habitat conservation area: A. Roads and railroads shall not be located within a fish and wildlife habitat conservation area except where it is necessary to cross the critical area or where existing development, topography, and other conditions preclude locations outside the critical area; 1. Construction of roadways across stream corridors shall be by the most direct route possible having the least impact to the fish and wildlife habitat conservation area; 2. Roadways that must run parallel to streams or wetlands shall be along routes having the greatest possible distance from stream or wetland and the least impact; 3. Roadways within the fish and wildlife habitat conservation area or its buffer shall not hydrologically obstruct, cut off or isolate stream corridor features, unless it is clearly unavoidable; B. Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to maintain grade or shall be transported outside the fish and wildlife habitat conservation area; 80 C. Necessary fill to elevate roadways shall not impede the normal flow of floodwaters or cause displacement that would increase the elevation of flood waters such that it would cause properties not in the floodplain to be flood -prone; D. Spoil, construction waste, and other debris shall not be used as road fill or buried within the fish and wildlife habitat conservation area; E. Bridges and water -crossing structures shall not constrict the stream channel or impede the flow of ordinary high water, sediment, and woody debris; F. The preservation of natural stream channels and drainage ways shall be preferred over the use of culverts. Where culverts are the preferred method, large, natural bottom culverts, multiplate pipes, and bottomless arches are preferred; G. The alignment and slope of culverts shall parallel and match the natural flow of streams or drainage ways and shall be sized to accommodate the volume, flow and velocity of ordinary high water and shall terminate on stable, erosion -resistant materials; H. Where fish are present, culverts shall be designed and constructed to specifications provided through the Department of Fish and Wildlife; I. At least one end of a wood stringer bridge shall be anchored to prevent the bridge from being washed away during a high water event; J. Roads must be designed and constructed using established flood -resistant design and construction methods when the road is possibly subject to flood water damage; and K. Roads and bridges within floodways must meet the requirements of YMC 15.27.411(D), unless an engineer can demonstrate another appropriate method. (Ord. 2008-46 § 1 (part), 2008). 15.27.512 Utility transmission lines and facilities. The following provisions shall apply to the location, construction, and installation of utility transmission lines (such as those for wastewater, water, communication, natural gas) within a designated fish and wildlife habitat conservation area: A. Utility transmission lines shall be permitted within the stream corridor only where it is necessary to cross the corridor or where development, topography, and other conditions preclude locations outside the stream corridor. B. Utility transmission lines across stream corridors shall be by the most direct route possible having the least impact to the stream corridor. C. The construction of utility transmission lines within a stream corridor shall be designed and located to provide a minimum disruption to the functional properties. D. Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy replacement or repair with minimal disturbance to the stream corridor. E. Buried utility transmission lines crossing a stream corridor shall be buried a minimum of four feet below the maximum scour or one-third of the bankfull depth of the waterway, whichever is greater, and for a similar depth below any associated floodway and floodplain to the maximum extent of potential channel migration as determined by hydrologic analysis. F. Wherever possible, new aboveground installations shall use existing bridges or pole facilities. G. Aboveground electrical support towers and other similar transmission structures shall be located as far upland as is reasonably practical. H. Transmission support structures shall be located clear of high flood velocities and located in areas of minimum flood depth, which require the least amount of floodproofing. I. Underground utility transmission lines shall be constructed so they do not alter, intercept or dewater groundwater patterns that support streams, wetlands and hyporheic flow. J. All new and replacement water supply systems and wastewater systems within a special flood hazard area must meet the requirements of YMC 15.27.407(D) (regarding infiltration or discharge into or out of the system). 81 K. Utility transmission lines within the floodway fringe shall meet the standards of YMC 15.27.409(B). L. Utility transmission lines within the floodway shall meet the standards of YMC 15.27.411(C). (Ord. 2008-46 § 1 (part), 2008). 15.27.513 Bank stabilization. The following provisions shall apply to bank stabilization projects located outside of shoreline jurisdiction: A. Bank stabilization projects shall be allowed only where there is evidence of erosion which clearly threatens existing property, structures, or facilities, and which stabilization will not jeopardize other upstream or downstream properties; B. Stabilization projects shall be developed under the supervision of, or in consultation with, agencies or professionals with appropriate expertise; C. Stabilization projects shall be confined to the minimum protective measures necessary to protect the threatened property; D. The use of fill to restore lost land may accompany stabilization work, provided the resultant bank does not extend beyond the original ordinary high water mark, finished grades are consistent with abutting properties, a restoration plan is approved for the area, and the fill material is in compliance with YMC 15.27.519; E. Stabilization projects shall use design, material, and construction alternatives that do not require high or continuous maintenance, and which prevent or minimize the need for subsequent stabilization of the shore's other segments; F. Alternative Preferences. Vegetation, berms, bioengineering techniques, and other nonstructural alternatives which preserve the natural character of the bank shall be preferred over riprap, concrete revetments, bulkheads, breakwaters, and other structural stabilization, while riprap, rock or other natural materials shall be preferred over concrete revetments, bulkheads, breakwaters and other structural stabilization; G. Applications to construct or enlarge dikes or levees shall meet the requirements of YMC 15.27 Part Four; H. Revetments and bulkheads shall be no higher than necessary to protect and stabilize the bank; I. Breakwaters shall be constructed of floating or open -pile designs rather than fill, riprap, or other solid construction methods; and J. All new flood control projects shall define maintenance responsibilities and a funding source for operations, maintenance and repairs for the life of the project. (Ord. 2008-46 § 1 (part), 2008). 15.27.514 Dredging and excavation. The following provisions shall apply to dredging and excavation within a designated aquatic fish and wildlife habitat conservation area outside of shoreline jurisdiction: A. Dredging in surface waters shall be allowed only where necessary: 1. Because of existing navigation needs; 2. Habitat improvement; 3. Maintenance; and 4. Construction of water -dependent uses. B. Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or use. C. Hydraulic dredging or other techniques that minimize the dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging. D. Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials. 82 E. Access to accomplish dredging or excavation shall be confined to the minimum area necessary to gain entry and shall be confined to locations with the least potential for site disturbance and damage. F. Dredging and excavation shall be scheduled at times having the least impact to fish during spawning, nesting, and other identified natural processes. G. Dredge spoils are also considered fill, and shall not be deposited within the waterbody except where such deposit is in accordance with approved procedures intended to preserve or enhance wildlife habitat, natural drainage, or other naturally occurring conditions. (Ord. 2008-46 § 1 (part), 2008). 15.27.515 Filling. The following provisions shall apply to filling activities within a designated fish and wildlife habitat conservation area outside of shoreline jurisdiction: A. Fill within surface waters or wetlands shall be allowed only where necessary in conjunction with water-dependent uses or an approved mitigation or restoration plan under YMC 15.27.307, 15.27.521, or 15.27.605. B. Fill for the purpose of increasing elevation may be permitted if it can be accomplished in a manner consistent with this chapter's policies. C. Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas having the least impact to the fish and wildlife habitat conservation area. Other alternatives should be preferred over fill to elevate new homes in the floodplain, such as increasing foundation height or zero-rise methods such as piers, posts, columns, or other methods. D. Fill in floodplains shall meet the requirements of Part Four, Flood Hazard Areas. E. Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material, with a minimum potential to degrade water quality. F. Fill placement shall be scheduled at times having the least impact to fish during spawning, nesting, and other identified natural processes. G. Fill and finished surface material shall require low maintenance, provide high resistance to erosion, and prevent or control the migration of sediments and other material from the fill area to surrounding waterbodies, unless the Washington Department of Fish and Wildlife indicates other options are preferred. H. Projects that propose fill shall make every effort to acquire fill on site (compensatory storage) where appropriate. I. Fill should not obstruct, cut off, or isolate aquatic fish and wildlife habitat conservation areas. (Ord. 2008-46 § 1 (part), 2008). 15.27.516 Commercial mining of gravel. The following provisions shall apply to the commercial mining of gravel within a designated fish and wildlife habitat conservation area outside of shoreline jurisdiction: A. Prior to the authorization of a commercial gravel mining operation, the project proponent shall provide maps to scale which illustrate the following: 1. The extent to which gravel excavation and processing will affect or modify existing fish and wildlife habitat conservation areas, including existing riparian vegetation; 2. The location, extent and size in acreage of any pond, lake, or feature that will be created as a result of mining excavation; 3. The description, location, and extent of any proposed subsequent use that would be different from existing uses. B. Wherever feasible, the operations and any subsequent use or uses shall not cause permanent impairment or loss of critical area functions and values. Mitigation shall be provided consistent with YMC 15.27.307, 15.27.521, or 15.27.605. 83 C. Any surface mining allowed within the floodway shall meet the standards of YMC 15.27.411(B). D. Except where authorized by the city of Yakima in consultation with the State Department of Fish and Wildlife and Department of Ecology, the following shall apply: 1. The excavation zone for the removal of gravels shall be located a minimum of one hundred feet upland from the ordinary high water mark (OHWM) of a waterbody. 2. Equipment shall not be operated, stored, refueled, or provided maintenance within one hundred feet of the OHWM. 3. Gravel washing, rock -crushing, screening, or stockpiling of gravels shall not occur within one hundred feet of the OHWM. E. Mining proposals shall be consistent with the Washington Department of Natural Resources Surface Mine Reclamation Standards (WAC Chapter 332-18, RCW Chapter 78.44). (Ord. 2008-46 § 1 (part), 2008). 15.27.517 Restoration. The following guidelines shall apply to the restoration of disturbed sites resulting from development activities within a fish and wildlife habitat conservation area: A. Development, construction, or uses shall include the timely restoration of disturbed features to a natural condition or to a stabilized condition that prevents degradation; B. Large-scale projects that extend over several months shall be phased to allow restoration of areas where work or operations have been completed; C. Restoration shall be scheduled to address precipitation, meltwater runoff, the growing season, and other seasonal variables that influence restoration and recovery; D. Topography shall be finished to grades, elevations, and contours consistent with natural conditions in adjacent and surrounding areas; E. Where existing development and construction prevent return of a site to its natural condition, sites may be finished to conditions comparable to surrounding properties provided suitable protective measures are used to prevent degradation of fish and wildlife habitat conservation areas; F. Cut -and -fill slopes shall be stabilized at, or at less than, the normal angle of repose for the materials involved; and G. For the replacement or enhancement of vegetation within fish and wildlife habitat conservation areas and their required vegetative buffers, native plant species shall be used unless a showing of good cause acceptable to the administrative official or designee is provided. Should good cause be shown, then self -maintaining or low -maintenance plant species compatible with the native vegetation shall be used in place of non-native and high -maintenance species. (Ord. 2008-46 § 1 (part), 2008). Part Six. Wetlands 15.27.600 Purpose and intent. The purpose and intent of the provisions protecting wetland critical areas is equivalent to the purpose and intent for YMC 15.27.500. (Ord. 2008-46 § 1 (part), 2008). 15.27.601 Designating and mapping. A. Wetlands shall be delineated using the procedures outlines in the approved federal wetland delineation manual and applicable regional supplements. B. Wetlands are all areas meeting the definition of wetlands as defined in YMC 15.27.200 and are hereby designated critical areas which are subject to this chapter, except the following: 1. Irrigation systems that create an artificial wetland; and 2. Areas where changes in irrigation practices have caused wetland areas to dry up. C. The approximate location and extent of wetlands are shown on maps maintained by the city of Yakima. These maps may include information from the National Wetlands Inventory produced by the U.S. Fish and Wildlife Service and are to be used as a guide for the city of Yakima. (Ord. 2008-46 § 1 (part), 2008). 84 15.27.602 Protection approach. Wetlands will be protected using the protection approach for fish and wildlife habitat conservation areas found in YMC 15.27.501. Wetlands and their functions will be protected using the standards found in Part Four. (Ord. 2008-46 § 1 (part), 2008). 15.27.603 Wetland functions and rating. A. Wetlands are unique landscape features that are the interface between the aquatic and terrestrial environments. Wetlands provide the following functions: 1. Biogeochemical functions, which improve water quality in the watershed (such as nutrient retention and transformation, sediment retention, metals, and toxics retention and transformation). 2. Hydrologic functions, which maintain the water regime in a watershed, such as: flood flow attenuation, decreasing erosion, and groundwater recharge. 3. Food and habitat functions, which includes habitat for invertebrates, amphibians, anadromous fish, resident fish, birds, and mammals. B. Wetlands shall be rated based on categories that reflect the functions and values of each wetland and shall be based on the criteria provided in the Washington State Wetland Rating System for Eastern Washington, revised October 2014 (Ecology Publication No. 14-06-030, or as revised) which are summarized below: 1. Category I wetlands are those that 1) represent a unique or rare wetland type; or 2) are more sensitive to disturbance than most wetlands; or 3) are relatively undisturbed and contain ecological attributes that are impossible to replace in a human lifetime; or 4) provide a high level of functions. Risk of any degradation to these wetlands must be avoided because their functions and values are too difficult to replace. Generally, these wetlands are not common and make up a small percentage of the wetlands in the region. 2. Category 11 wetlands are difficult, but not impossible, to replace and provide high levels of some functions. These wetlands occur more commonly than Category 1 wetlands, but still need a relatively high level of protection. 3. Category III wetlands are wetlands with a moderate level of functions and can often be adequately replaced with a well-planned mitigation project. These wetlands generally have been disturbed in some ways and are often Tess diverse or more isolated from other natural resources in the landscape than Category 11 wetlands. 4. Category IV wetlands have the lowest levels of functions and are often heavily disturbed. These are wetlands that should be able to be replaced and, in some cases, improved. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions and also need to be protected. C. Wetlands shall be rated as they exist on the day of project application submission. Information regarding the original condition of illegally modified wetlands that cannot be discerned from aerial photographs or other reliable information sources shall use the highest appropriate points value within each missing data field of the Washington State Wetland Rating System for Eastern Washington: 2014 Update rating sheet to complete the rating. (Ord. 2008-46 § 1 (part), 2008). 15.27.604 Wetland Buffers A. Buffer Requirements. The following buffer widths have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified professional using the Washington State Wetland Rating System for Eastern Washington: 2014 Update (Ecology Publication 14-06-030, or as revised). The adjacent land use intensity is assumed to be high. 1. For wetlands that score 5 points or more for habitat function, the buffers in Table 27.6-1 can be used if both of the following criteria are met: 85 a. A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other Priority Habitats as defined by the Washington State Department of Fish and Wildlife (http://wdfw.wa.gov/hab/phshabs.htm). The corridor must be protected for the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, Table 27.6-1 may be used with the required measures in Table 27.6-2 alone. b. The measures in Table 27.6-2 are implemented, where applicable, to minimize the impacts of the adjacent land uses. 2. For wetlands that score 3-4 habitat points, only the measures in Table 27.6-2 are required for the use of Table 27.6-1. 3. If an applicant chooses not to apply the mitigation measures in Table 27.6-2, or is unable to provide a protected corridor where available, then Table 27.6-3 shall be used. 4. The buffer widths in Table 27.6-1 and 27.6-3 assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. Table 27.6-1: Wetland Buffer Requirements if Table 27.6-2 is implemented and corridor provided 86 Buffer Width (feet) based on habitat score Wetland Category 3-4 5 6-7 8-9 Category 1: Based on total score 75 90 120 150 Category 1: Forested 75 90 120 150 Category 1: Bogs and Wetlands of High Conservation Value 190 Category 1: Alkali 150 Category II: Based on total score 75 90 120 150 Category II: Vernal Pool 150 Category II: Forested 75 90 120 150 Category III (all) 60 90 120 150 Category IV (all) 40 86 Table 27.6-2: 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 100 • If warranted, enhance existing buffer with native vegetation for plantings adjacent to noise source 200 • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10 -feet heavily vegetated buffer strip immediately adjacent to the outer wetland buffer. Toxic Runoff • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered Category 1: Bogs and Wetlands of High Conservation Value • Establish covenants limiting use of pesticides within 150 -feet of wetland 200 • Apply integrated pest management Stormwater • Retrofit stormwater detention and treatment for roads and existing Runoff 200 adjacent development 100 • Prevent channelized flow from lawns that directly enters the buffer 200 • Use Low Intensity Development techniques Changes in • Infiltrate or treat, detain, and disperse into buffer new runoff from water regime 50 impervious surfaces and new lawns. Pets and • Use privacy fencing OR plan dense vegetation to delineate buffer human edge and to discourage disturbance using vegetation appropriate for disturbance the ecoregion • Place wetland and its buffer in a separate tract or protect with a conservation easement Dust • Use best management practices to control dust Table 27.6-3: Wetland Buffer Requirements if Table 27.6-2 is NOT implemented and corridor NOT provided 87 Buffer Width (feet) based on habitat score Wetland Category 3-4 5 6-7 8-9 Category 1: Based on total score 100 130 180 200 Category 1: Forested 100 130 180 200 Category 1: Bogs and Wetlands of High Conservation Value 250 Category 1: Alkali 200 Category II: Based on total score 100 130 180 200 Category II: Vernal Pool 200 Category II: Forested 100 130 180 200 Category III (all) 80 130 180 200 Category IV (all) 50 87 5. Increased Wetland Buffer Area Width. Buffer widths shall be increased on a case-by- case basis as determined by the administrative official when a larger buffer is necessary to protect wetland functions and values. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. This documentation shall include, but not be limited to, the following criteria: a. The wetland is used by a state or federally listed plant or animal species, or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or b. The adjacent land is susceptible to severe erosion, and erosion -control measures will not effectively prevent adverse wetland impacts; or c. The adjacent land has minimal vegetative cover or slopes greater than 30 percent. 6. Buffer averaging to improve wetland protection may be permitted when all of the following conditions are met: a. The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a "dual -rated" wetland with a Category 1 area adjacent to a lower -rated area. b. 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 as demonstrated by a critical areas report from a qualified wetland professional. c. The total area of the buffer after averaging is equal to the area required without averaging. d. The buffer at its narrowest point is never less than either 3 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. 7. Averaging to allow reasonable use of a parcel may be permitted when all of the following are met: a. There are no feasible alternatives to the site design that could be accomplished without buffer averaging. b. The averaged buffer will not result in degradation of the wetland's functions and values as demonstrated by a critical areas report from a qualified wetland professional. c. The total buffer area of the buffer after averaging is equal to the area without averaging. d. The buffer at its narrowest point is never less than either 3 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. To facilitate long-range planning using a landscape approach, the Administrative Official may identify and pre-assess wetlands using the rating system and establish appropriate wetland buffer widths for such wetlands. The Administrative Official will prepare maps of wetlands that have been pre -assessed in this manner. C. Measurement of Wetland Buffers. All buffers shall be measured perpendicular from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. Buffers must be fully vegetated in order to be included in buffer area calculations. Lawns, walkways, driveways, and other mowed or paved areas will not be considered buffers or included in buffer area calculations. D. Buffers on Mitigation Sites. All wetland mitigation sites shall have buffers consistent with the buffer requirements of this Chapter. Buffers shall be based on the expected or target category of the proposed wetland mitigation site. 88 E. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this chapter, wetland buffers shall be retained in an undisturbed or enhanced condition. In the case of compensatory mitigation sites, removal of invasive non-native weeds is required for the duration of the mitigation bond, YMC § 15.27.605(I)(2)(a)(x). F. Impacts to Buffers. Requirements for the compensation for impacts to buffers are outlined in YMC § 15.27.605. G. Overlapping Critical Area Buffers. If buffers for two contiguous critical areas overlap (such as buffers for a stream and a wetland), the wider buffer applies. H. Allowed Buffer Uses. The following uses may be allowed within a wetland buffer in accordance with the review procedures of this Chapter, provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: 1. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife. 2. Passive recreation. Passive recreation facilities designed and in accordance with an approved critical area report, including: a. Walkways and trails, provided that those pathways are limited to minor crossings having no adverse impact on water quality. They should be generally parallel to the perimeter of the wetland, located only in the outer twenty-five percent (25%) of the wetland buffer area, and located to avoid removal of significant trees. They should be limited to pervious surfaces no more than five (5) feet in width for pedestrian use only. Raised boardwalks utilizing non-treated pilings may be acceptable. b. Wildlife-viewing structures. 3. Educational and scientific research activities. 4. Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way, provided that the maintenance or repair does not increase the footprint or use of the facility or right-of-way. 5. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources. 6. Drilling for utilities/utility corridors under a buffer, with entrance/exit portals located completely outside of the wetland buffer boundary, provided that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column is disturbed. 7. Enhancement of a wetland buffer through the removal of non-native invasive plant species. Removal of invasive plant species shall be restricted to hand removal. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate for that species. Revegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species. 8. Repair and maintenance of non-conforming uses or structures, where legally established within the buffer, provided they do not increase their degree of nonconformity. I. Signs and Fencing of Wetlands and Buffers. 1. Temporary markers. The outer perimeter of the wetland buffer and the clearing limits identified by an approved permit or authorization shall be marked in the field with temporary "clearing limits" fencing in such a way as to ensure that no unauthorized intrusion will occur. The marking is subject to inspection by the Administrative Official prior to the commencement of permitted activities. This temporary marking shall be maintained 89 throughout construction and shall not be removed until permanent signs, if required, are in place. 2. Permanent signs. As a condition of any permit or authorization issued pursuant to this chapter, the Administrative Official may require the applicant to install permanent signs along the boundary of a wetland or buffer. a. Permanent signs shall be made of an enamel -coated metal face and attached to a metal post or other non -treated material of equal durability. Signs must be posted at an interval of one (1) every 50 -feet, or one (1) per lot if the lot is less than 50 -feet wide, and must be maintained by the property owner in perpetuity. The signs shall be worded as follows or with alternative language approved by the Administrative Official: Protected Wetland Area Do Not Disturb Contact the City of Yakima Regarding Uses, Restrictions, and Opportunities for Stewardship b. The provisions of Subsection (a) may be modified as necessary to assure protection of sensitive features or wildlife. 3. Fencing. a. The applicant shall be required to install a permanent fence around the wetland or buffer when domestic grazing animals are present or may be introduced on site. b. Fencing installed as part of a proposed activity, or as required in this Subsection, shall be designed so as not to interfere with species mitigation, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat. 15.27.605 Compensatory Mitigation A. Mitigation Sequencing. Before impacting any wetland or its buffer, an applicant shall demonstrate that the following actions have been taken. Actions are listed in the order of preference: 1. Avoid the impact altogether by not taking a certain action or parts of an action. 2. Minimize impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. 3. Rectify the impact by repairing, rehabilitating, or restoring the affected environment. 4. Reduce or eliminate the impact over time by preservation and maintenance operations. 5. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments. 6. Monitor the required compensation and take remedial or corrective measures when necessary. B. Requirements for Compensatory Mitigation: 1. Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans—Version 1, (Ecology Publication #06-06-011b, Olympia, WA, March 2006 or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Publication #10-06-07, November 2010). 2. Mitigation ratios may also be determined using the credit/debit tool describe in "Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington: Final Report (Ecology Publication #11-06-045, August 2012), consistent with subsection H of this section. 3. Compensating for Lost or Affected Functions. Compensatory mitigation shall address the functions affected by the proposed project, with an intention to achieve functional 90 equivalency or improvement of functions. The goal shall be for the compensatory mitigation to provide similar wetland functions as those lost, except when either: a. The lost wetland provides minimal functions, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington state watershed assessment plan or protocol; or b. Out -of -kind replacement of wetland type or functions will best meet watershed goals formally identified by the City, such as replacement of historically diminished wetland types. C. Approaches to Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer functions shall rely on the approaches listed below. 1. Wetland mitigation banks. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the mitigation bank instrument. Use of credits from a wetland mitigation bank certified under Chapter 173-700 WAC is allowed if: a. The approval authority determines that it would provide appropriate compensation for the proposed impacts; and b. The impact site is located in the service area of the bank. c. The proposed use of credits is consistent with the terms and conditions of the certified mitigation bank instrument. d. Replacement ratios for projects using bank credits is consistent with replacement ratios specified in the certified mitigation bank instrument. 2. In -Lieu Fee Mitigation: Credits from an approved in -lieu -fee program may be used when all of the following apply: a. The approval authority determines that it would provide environmentally appropriate compensation for the proposed impacts. b. The proposed use of credits is consistent with the terms and conditions of the approved in -lieu -fee program instrument. c. Projects using in -lieu -fee credits shall have debits associated with the proposed impacts calculated by the applicant's qualified wetland professional using the credit assessment method specified in the approved instrument for the in -lieu -fee program. d. The impacts are located within the service area specified in the approved in -lieu -fee instrument. 3. Permittee -responsible mitigation. In this situation, the permittee performs the mitigation after the permit is issued and is ultimately responsible for implementation and success of the mitigation. Permittee -responsible mitigation may occur at the site of the permitted impacts or at an off-site location within the same watershed. Permittee -responsible mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the approval authority's satisfaction that the proposed approach is ecologically preferable to use of a bank or ILF program, consistent with the criteria in this section. D. Types of Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer functions shall rely on a type listed below in order of preference. A lower -preference form of mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the approval authority's satisfaction that all higher -ranked types of mitigation are not viable, consistent with the criteria in this section. 1. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into: a. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former 91 wetland. Re-establishment results in a gain in wetland acres (and functions). Activities could include removing fill material, plugging ditches, or breaking drain tiles. b. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. 2. Establishment (Creation): The manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland on an upland or deepwater site where a wetland did not previously exist. Establishment results in a gain in wetland acres. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. If a site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts, the approval authority may authorize creation of a wetland and buffer upon demonstration by the applicant's qualified wetland professional that: a. The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that creation of a wetland at the site will not likely cause hydrologic problems elsewhere; b. Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer (e.g., due to the presence of invasive plants or noxious weeds, stormwater runoff, noise, light, or other impacts); and c. The proposed wetland and buffer will eventually be self-sustaining with little or no long-term maintenance. 3. Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, controlling non-native or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these activities. Applicants proposing to enhance wetlands or associated buffers shall demonstrate how the proposed enhancement will increase the wetland's/buffer's functions, how this increase in function will adequately compensate for the impacts, and how existing wetland functions at the mitigation site will be protected. 4. Protection/Maintenance (Preservation). Removing a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This includes the purchase of land or easements, or repairing water control structures or fences. This term also includes activities commonly associated with the term preservation. Preservation does not result in a gain of wetland acres. Permanent protection of a Category I or II wetland and associated buffer at risk of degradation can be used only if: a. The approval authority determines that the proposed preservation is the best mitigation option; b. The proposed preservation site is under threat of undesirable ecological change due to permitted, planned, or likely actions that will not be adequately mitigated under existing regulations; c. The area proposed for preservation is of high quality or critical for the health of the watershed or basin due to its location. Some of the following features may be indicative of high-quality sites: i. Category I or 11 wetland rating (using the wetland rating system for Eastern Washington) 92 ii. Rare or irreplaceable wetland type (for example, bogs, mature forested wetlands, estuarine wetlands) or aquatic habitat that is rare or a limited resource in the area; iii. The presence of habitat for priority or locally important wildlife species; or provides biological and/or hydrological connectivity; iv. Provides biological and/or hydrological connectivity; v. Priority sites in an adopted watershed plan. d. Permanent preservation of the wetland and buffer will be provided through a conservation easement or tract held by an appropriate natural land resource manager, such as a land trust. e. The approval authority may approve other legal and administrative mechanisms in lieu of a conservation easement if it determines they are adequate to protect the site. f. Ratios for preservation in combination with other forms of mitigation generally range from 10:1 to 20:1, as determined on a case-by-case basis, depending on the quality of the wetlands being impacted and the quality of the wetlands being preserved. Ratios for preservation as the sole means of mitigation generally start at 20:1. E. Location of Compensatory Mitigation. Compensatory mitigation actions shall generally be conducted within the same sub -drainage basin and on the site of the alteration except when the applicant can demonstrate that off-site mitigation is ecologically preferable. The following criteria will be evaluated when determining whether the proposal is ecologically preferable. When considering off-site mitigation, preference should be given to using alternative mitigation, such as a mitigation bank, an in -lieu -fee program, or advance mitigation. 1. There are no reasonable opportunities on site or within the sub -drainage basin (e.g., on- site options would require elimination of high -functioning upland habitat), or opportunities on site or within the sub -drainage basin do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts. Considerations should include: anticipated replacement ratios for wetland mitigation, buffer conditions and proposed widths, available water to maintain anticipated hydrogeomorphic classes of wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity); 2. On-site mitigation would require elimination of high-quality upland habitat. 3. Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the altered wetland. 4. Off-site locations shall be in the same sub -drainage basin unless: a. Established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the City and strongly justify location of mitigation at another site; or b. Credits from a state -certified wetland mitigation bank are used as compensation, and the use of credits is consistent with the terms of the certified bank instrument; c. Fees are paid to an approved in -lieu fee program to compensate for the impacts. d. The design for the compensatory mitigation project needs to be appropriate for its location (i.e., position in the landscape). Therefore, compensatory mitigation should not result in the creation, restoration, or enhancement of an atypical wetland. F. Timing of Compensatory Mitigation. 1. It is preferred that compensatory mitigation projects be completed prior to activities that will disturb wetlands. At the least, 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. 2. The Administrator may authorize a one-time temporary delay in completing construction or installation of the compensatory mitigation when the applicant provides a written 93 explanation from a qualified wetland professional as to the rationale for the delay. An appropriate rationale would include identification of the environmental conditions that could produce a high probability of failure or significant construction difficulties (e.g., project delay lapses past a fisheries window, or installing plants should be delayed until the dormant season to ensure greater survival of installed materials). The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, or general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the compensatory mitigation plan. The justification must be verified and approved by the City. G. Wetland Mitigation Ratios: Category and Type of Wetland Creation or Re-establishment Rehabilitation Enhancement Category I: Bog, Natural Heritage Site Not considered possible Case by Case Case by Case Category I: Mature Forested 6:1 12:1 24:1 Category I: Based on functions 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 Ratios for rehabilitation and enhancement may be reduced when combined with 1:1 replacement through creation or re-establishment. See Table 1 b, Wetland Mitigation in Washington State — Part 1: Agency Policies and Guidance --Version 1, (Ecology Publication #06-06-011a, Olympia, WA, March 2006 or as revised). See also Paragraph D.4 for more information on using preservation as compensation. H. Credit/Debit Method. To more fully protect functions and values, and as an alternative to the mitigation ratios found in the joint guidance "Wetland Mitigation in Washington State Parts I and ll" (Ecology Publication #06 -06 -011a -b, Olympia, WA, March, 2006), the administrator 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). I. Compensatory Mitigation Plan. When a project involves wetland and/or buffer impacts, a compensatory mitigation plan prepared by a qualified professional shall be required, meeting the following minimum standards: 1. Wetland Critical Area Report. A critical area report for wetlands must accompany or be included in the compensatory mitigation plan and include the minimum parameters identified in YMC 15.27.314 and 15.27.315.B. 2. Compensatory Mitigation Report. The report must include a written report and plan sheets that must contain, at a minimum, the following elements. Full guidance can be found in Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication #06-06-011b, Olympia, WA, March 2006 or as revised). a. The written report must contain, at a minimum: i. The name and contact information of the applicant; the name, qualifications, and contact information for the primary author(s) of the compensatory mitigation report; a description of the proposal; a summary of the impacts and proposed compensation concept; identification of all the local, state, and/or federal wetland -related permit(s) required for the project; and a vicinity map for the project. 94 ii. Description of how the project design has been modified to avoid, minimize, or reduce adverse impacts to wetlands. iii. Description of the existing wetland and buffer areas proposed to be impacted. Include acreage (or square footage), water regime, vegetation, soils, landscape position, surrounding lands uses, and functions. Also describe impacts in terms of acreage by Cowardin classification, hydrogeomorphic classification, and wetland rating, based on Wetland Ratings, YMC 15.27.603. iv. Description of the compensatory mitigation site, including location and rationale for selection. Include an assessment of existing conditions: acreage (or square footage) of wetlands and uplands, water regime, sources of water, vegetation, soils, landscape position, surrounding land uses, and functions. Estimate future conditions in this location if the compensation actions are NOT undertaken (i.e., how would this site progress through natural succession?). v. Surface and subsurface hydrologic conditions, including an analysis of existing and proposed hydrologic regimes for enhanced, created, or restored compensatory mitigation areas. Include illustrations of how data for existing hydrologic conditions were used to determine the estimates of future hydrologic conditions vi. A description of the proposed actions for compensation of wetland and upland areas affected by the project. Include overall goals of the proposed mitigation, including a description of the targeted functions, hydrogeomorphic classification, and categories of wetlands. vii. A description of the proposed mitigation construction activities and timing of activities. viii. Performance standards (measurable standards for years post -installation) for upland and wetland communities, a monitoring schedule, and a maintenance schedule and actions proposed by year. ix. A discussion of ongoing management practices that will protect wetlands after the development project has been implemented, including proposed monitoring and maintenance programs (for remaining wetlands and compensatory mitigation wetlands). x. A bond estimate for the entire compensatory mitigation project, including the following elements: site preparation, plant materials, construction materials, installation oversight, maintenance twice per year for up to five (5) years, annual monitoring field work and reporting, and contingency actions for a maximum of the total required number of years for monitoring. xi. Proof of establishment of Notice on Title for the wetlands and buffers on the project site, including the compensatory mitigation areas. b. The scaled plan sheets for the compensatory mitigation must contain, at a minimum: i. Surveyed edges of the existing wetland and buffers, proposed areas of wetland and/or buffer impacts, location of proposed wetland and/or buffer compensation actions. ii. Existing topography, ground -proofed, at two -foot contour intervals in the zone of the proposed compensation actions if any grading activity is proposed to create the compensation area(s). Also existing cross-sections of on-site wetland areas that are proposed to be impacted, and cross-section(s) (estimated one -foot intervals) for the proposed areas of wetland or buffer compensation. iii. Conditions expected from the proposed actions on site, including future hydrogeomorphic types, vegetation community types by dominant species (wetland and upland), and future water regimes. 95 iv. Required wetland buffers for existing wetlands and proposed compensation areas. Also, identify any zones where buffers are proposed to be reduced or enlarged outside of the standards identified in this Chapter. v. A planting plan for the compensation area, including all species by proposed community type and water regime, size and type of plant material to be installed, spacing of plants, typical clustering patterns, total number of each species by community type, and timing of installation. 3. Buffer Mitigation Ratios. Impacts to buffers shall be mitigated at a minimum 1:1 ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development. 4. Protection of the Mitigation Site. The area where the mitigation occurred and any associated buffer shall be located in a critical area tract or a conservation easement consistent with YMC 15.27 Part six. 5. Monitoring. Mitigation monitoring shall be required for a period necessary to establish that performance standards have been met, but not for a period Tess than five years. If a scrub -shrub or forested vegetation community is proposed, monitoring may be required for ten years or more. The project mitigation plan shall include monitoring elements that ensure certainty of success for the project's natural resource values and functions. If the mitigation goals are not obtained within the initial five-year period, the applicant remains responsible for restoration of the natural resource values and functions until the mitigation goals agreed to in the mitigation plan are achieved. 6. Advance Mitigation. Mitigation for projects with pre -identified impacts to wetlands may be constructed in advance of the impacts if the mitigation is implemented according to federal rules, state policy on advance mitigation, and state water quality regulations consistent with Interagency Regulatory Guide: Advance Permittee -Responsible Mitigation (Ecology Publication #12-06-015, Olympia, WA, December 2012). 7. Alternative Mitigation Plans. The administrative official or designee may approve alternative wetland mitigation plans that are based on best available science, such as priority restoration plans that achieve restoration goals identified in the SMP. Alternative mitigation proposals must provide an equivalent or better level of protection of wetland functions and values than would be provided by the strict application of this chapter. The administrative official or designee shall consider the following for approval of an alternative mitigation proposal: a. The proposal uses a watershed approach consistent with Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Ecology Publication #10-06-07, November 2010). b. Creation or enhancement of a larger system of natural areas and open space is preferable to the preservation of many individual habitat areas. c. Mitigation according to YMC 15.27.605(D) is not feasible due to site constraints such as parcel size, stream type, wetland category, or geologic hazards. d. There is clear potential for success of the proposed mitigation at the proposed mitigation site. e. The plan shall contain clear and measurable standards for achieving compliance with the specific provisions of the plan. A monitoring plan shall, at a minimum, meet the provisions in YMC 15.27.605(1). f. The plan shall be reviewed and approved as part of overall approval of the proposed use. g. A wetland of a different type may be justified based on regional needs or functions and values; the replacement ratios may not be reduced or eliminated unless the reduction results in a preferred environmental alternative. h. Mitigation guarantees shall meet the minimum requirements as outlined in YMC 15.27.605(I)(2)(a)(viii). 96 i. Qualified professionals in each of the critical areas addressed shall prepare the plan. j. The City may consult with agencies with expertise and jurisdiction over the critical areas during the review to assist with analysis and identification of appropriate performance measures that adequately safeguard critical areas. Part Seven. Geologically Hazardous Areas 15.27.700 Purpose and intent. A. Geologically hazardous areas include those areas susceptible to erosion, sliding, earthquake, or other geological events. These areas pose a threat to the health and safety of the city of Yakima's citizens when incompatible development is sited in significantly hazardous areas. When mitigation is not feasible, development within geologically hazardous areas should be avoided. B. The purpose of this section is to: 1. Minimize risks to public health and safety and reduce the risk of property damage by regulating development within geologically hazardous areas; 2. Maintain natural geological processes while protecting new and existing development; and 3. Establish review procedures for development proposals in geologically hazardous areas. C. This section does not imply that land outside mapped geologically hazardous areas or uses permitted within such areas will be without risk. This section shall not create liability on the part of the city of Yakima, any officer, or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 2008-46 § 1 (part), 2008). 15.27.701 Mapping and designation. A. Geologically hazardous areas are areas that are susceptible to one or more of the following, based on WAC 365-190-080(4)(b) through (h): 1. Erosion hazards; 2. Landslide hazards, which include: a. Oversteepened slopes; b. Alluvial fan/flash flooding; c. Avalanche; and d. Channel migration zones and stream undercutting; 3. Seismic hazards (referred to below as earthquake hazards); and 4. Volcanic hazards. B. The approximate location and extent of erosion hazard areas are shown on the city of Yakima's critical area map titled "Erosion Hazard Areas of the City of Yakima." Erosion hazard areas were identified by using the "Soil Survey of Yakima County Area, Washington" and the "Soil Survey of Yakima Indian Reservation Irrigated Area, Washington, Part of Yakima County." C. The approximate location and extent of geologically hazardous areas are shown on the city's critical area map titled "Geologically Hazardous Areas of the City of Yakima." The following geologically hazardous areas have been mapped and classified using the criteria found in WAC 365-190-120: 1. Landslide Hazard Areas (LS). These include places where landslides, debris flows, or slumps have occurred. a. High risk (LS3) is defined as areas that are presumed to have had a landslide, debris flow, or slump within 10,000 years or less. b. Intermediate risk (LS2) is defined as areas where landslides, debris flows, or slumps are older than ten thousand years, but are still capable of movement. c. Low risk areas are defined as areas unlikely to fail. These areas are unlabeled and combined with other low risk categories. 97 2. Oversteepened Slope Hazard Areas (OS). These include areas with slopes steep enough to create a potential problem. a. High risk areas (0S3) are defined as having a high potential to fail, include slopes greater than forty percent, and consist of areas of rock fall, creep, and places underlain with unstable materials. b. Intermediate risk areas (0S2) are defined as areas less likely to fail but are still potentially hazardous. This category includes slopes between fifteen and forty percent. c. Low risk areas are defined as areas unlikely to fail. These areas are unlabeled and combined with other low risk categories. 3. Alluvial Fan/Flash Flooding Hazard Areas (AF). These areas include locations where flash floods can occur and are often associated with inundation by debris from flooding. These areas may include: a. Alluvial fans; b. Canyons; c. Gullies; and d. Small streams where catastrophic flooding can occur. 4. Avalanche Risk Hazard Areas (AR). Areas of avalanche hazards are limited to areas near Cascade Crest, which are currently located outside the city of Yakima's UGA. 5. Stream Undercutting Hazard Areas (SU). These areas are confined to banks near main streams and rivers where undercutting of soft materials may result. a. High risk areas (SU3) include steep banks of soft material adjacent to present stream courses. b. Intermediate risk areas (SU2) are banks along the edge of a floodplain but away from the present river course. c. Low risk areas (SU1) are unlabeled and combined with other low risk areas on the maps. 6. Earthquake Activity Hazard Areas (EA). Recorded earthquake activity in the city of Yakima is mostly marked by low magnitude events and thus low seismic risk. The city of Yakima's low risk areas are unlabeled and combined with other low risk hazards. 7. Suspected Geologic Hazard Areas (SUS). These are areas for which detailed geologic mapping is deficient but preliminary data indicate a potential hazard may exist. No risk assessment (1-2-3) is given for these areas. Most are probably OS or LS hazards. 8. Risk Unknown Hazard Areas (UNK). This category is limited to areas where geologic mapping is lacking or is insufficient to make a determination. All of these areas are associated with other classified geologic hazards. D. Volcanic hazard areas are not mapped but are defined as areas subject to pyroclastic (formed by volcanic explosion) flows, lava flows, and inundation by debris flows, mudflows or related flooding resulting from volcanic activity. Volcanic hazard areas in the city of Yakima are limited to pyroclastic (ash) deposits. No specific protection requirements are identified for volcanic hazard areas. (Ord. 2008-46 § 1 (part), 2008). 15.27.702 Geologically hazardous areas protection approach. The geologically hazardous areas protection approach can be met by following the guidelines below and by implementing the appropriate sections of the Building Code as adopted in YMC Title 11. A. Erosion Hazard Areas. Protection measures for erosion hazard areas will be accomplished by implementing the regulatory standards for erosion and drainage control required under YMC Title 11, building code. YMC Title 11 requirements can be met by the application of the Best Management Practices (BMPs) in the Stormwater Management Manual for Eastern Washington (Ecology publication number 04-10-076, or most recent version); equivalent manual adopted by the city of Yakima; or any other approved manual deemed appropriate by the administrative official. 98 B. Landslide Hazard Areas. Protection measures for landslide hazard areas will be accomplished through the review process of YMC 15.27.703 by implementing the development standards of YMC 15.27.704. C. Alluvial Fan/Flash Flooding Hazard Areas. Protection measures for alluvial fan/flash flooding hazard areas will be accomplished through the review process of YMC 15.27.703. D. Stream Undercutting Hazard Areas. Protection measures for stream undercutting hazard areas will be accomplished by critical areas review for flood hazards, and streams. E. Avalanche Hazard Areas. This condition is outside the city of Yakima's UGA and, therefore, does not apply. F. Oversteepened Slope Hazard Areas. Protection measures for oversteepened slope hazard areas will be accomplished through the review process of YMC 15.27.703, by implementing the development standards of YMC 15.27.704. G. Earthquake/Seismic Hazard Area Protection Standards. Protection measures for earthquake/seismic hazard areas will be accomplished by implementing the appropriate sections of the Building Code as adopted in YMC Title 11. H. Suspected Geologic Hazard Areas and Risk Unknown Hazard Areas. Protection measures for suspected geologic hazard areas and risk unknown hazard areas will be accomplished through the review process of YMC 15.27.703 and by implementing the development standards of YMC 15.27.704. (Ord. 2009-42 § 11, 2009: Ord. 2008-46 § 1 (part), 2008). 15.27.703 Development review procedure for geologically hazardous areas. A. The administrative official shall make a determination of hazard to confirm whether the development or its associated facilities (building site, access roads, limits of grading/excavation/filling, retaining walls, septic drainfields, landscaping, etc.) are located: 1. Within a mapped geologically hazardous area; 2. Adjacent to or abutting a mapped geologically hazardous area and may result in or contribute to an increase in hazard, or pose a risk to life and property on or off the site; 3. Within a distance from the base of an adjacent landslide hazard area equal to the vertical relief of said hazard area; or 4. Within the potential run-out path of a mapped avalanche hazard. B. Developments that receive an affirmative determination of hazard by the administrative official under subsection A of this section must conduct a geologic hazard report as provided in YMC 15.27.315(C), which may be part of a geotechnical report required below. 1. If the geologic hazard report determines that no hazard exists or that the project area lies outside the hazard, then no geologic hazard review is needed. 2. The administrative official is authorized to waive further geologic hazard review for oversteepened slopes on the basis that the hazards identified by the geologic hazard report will be adequately mitigated through conditions applied to a grading or construction permit. C. Developments that receive an affirmative determination of hazard, but do not meet the provisions of subsection (B)(1) or (B)(2) of this section, must: 1. Obtain a critical areas development authorization under Part Three; 2. Submit a geotechnical report that is suitable for obtaining grading and construction permits that will be required for development: a. The geotechnical report shall incorporate a submitted assessment which includes the design of all facilities; b. A description and analysis of the risk associated with the measures proposed to mitigate the hazards; and c. Ensure the public safety, and protect property and other critical areas; and 3. Be consistent with YMC 15.27.704. (Ord. 2008-46 § 1 (part), 2008). 15.27.704 General protection requirements. A. Grading, construction, and development and their associated facilities shall not be located in a geologically hazardous area, or any associated setback for the project recommended by the 99 geotechnical report, unless the applicant demonstrates that the development is structurally safe from the potential hazard, and that the development will not increase the hazard risk on site or off site. B. Development shall be directed toward portions of parcels, or parcels under contiguous ownership, that are at the least risk of hazard in preference to lands with higher risk, unless determined to be infeasible in the geotechnical report. C. The geotechnical report shall incorporate methods to ensure that education about the hazard and any recommended buildable area for future landowners is provided. D. The applicable requirements of grading and construction permits for developments in hazardous areas must be included in the development proposal and geotechnical report. (Ord. 2008-46 § 1 (part), 2008). Part Eight. Critical Aquifer Recharge Areas (CARA) 15.27.800 Purpose and intent. A. The Growth Management Act (RCW Chapter 36.70A) requires local jurisdictions to protect areas with a critical recharging effect on aquifers used for potable water or areas where drinking aquifers are vulnerable to contamination. These areas are referred to as critical aquifer recharge areas (CARA) in this section. B. Potable water is an essential life-sustaining element and much of the city of Yakima's drinking water comes from groundwater supplies. Once groundwater is contaminated it can be difficult and costly to clean. In some cases, the quality of groundwater in an aquifer is inextricably linked to its recharge area. C. The intent of this part is to: 1. Preserve, protect, and conserve the city of Yakima's CARA from contamination; and 2. Establish a protection approach that emphasizes the use of existing laws and regulations while minimizing the use of new regulations. D. It is not the intent of this part to: 1. Regulate everyday activities (including the use of potentially hazardous substances that are used in accordance with state and federal regulations and label specifications); 2. Enforce or prevent illegal activities; 3. Regulate land uses that use or store small volumes of hazardous substances (including in -field agricultural chemical storage facilities, which do not require permits, or are already covered under existing state, federal, or county review processes and have detailed permit review); 4. Establish additional review for septic systems, which are covered under existing city of Yakima review processes; 5. Establish additional review for stormwater control, which is covered under existing review processes and has detailed permit review; or 6. Require review for uses that do not need building permits and/or zoning review. The above items are deemed to have small risks of CARA contamination or are beyond the development review system's ability to control. (Ord. 2008-46 § 1 (part), 2008). 15.27.810 Maps and Reference Documents. A. Mapping Methodology. The CARA is depicted in the map titled "Critical Aquifer Recharge Areas of the City of Yakima" located within the city of Yakima's 2017 Comprehensive Plan 2040. The CARA map was developed through a geographic information system (GIS) analysis using the methodology outlined in the "Critical Aquifer Recharge Areas Guidance Document' (Morgan 2005). The approximate location and extent of critical aquifer recharge areas are depicted on the above-mentioned map, and are to be used solely as a guide for the city. The CARA map estimates areas of moderate, high, and extreme susceptibility to contamination, as well as wellhead protection areas. In characterizing the hydrogeologic susceptibility of these recharge areas with regard to contamination, the following physical characteristics were utilized: 1. Depth to ground water; 100 2. Soil (texture, permeability, and contaminant attenuation properties); 3. Geologic material permeability; and 4. Recharge (amount of water applied to the land surface, including precipitation and irrigation). B. Wellhead Protection Areas. The CARA map includes those wellhead protection areas for which the city of Yakima has maps. Wellhead protection areas are required for all Class A public water systems in the state of Washington. The determination of a wellhead protection area is based upon the time of travel of a water particle from its source to the well. Water purveyors collect site-specific information to determine the susceptibility of the water source to surface sources of contamination. Water sources are ranked by the Washington State Department of Health with a high, moderate, or low susceptibility to surface contamination. Wellhead protection areas are defined by the boundaries of the ten-year time of ground water travel, in accordance with WAC 246-290-135. For purposes of this chapter, all wellhead protection areas shall be considered highly susceptible. (Ord. 2008-46 § 1 (part), 2008). C. Guidance Documents. The latest guidance documents shall be consulted when updating CARA maps: 1. U.S. Department of Agriculture Soil Survey: http://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx 2. Washington Department of Health Group A and B Maps: https://fortress.wa.qov/doh/eh/maps/SWAP/index.html 3. Soil Survey of Yakima County Area, Washington (report only): http://nres.usda.gov/Internet/FSE MAN USCRIPTS/washinqton/yakimaWA1985/yakimaWA1 985-I.pdf 4. City of Yakima Wellhead Protection Plan: http://www.yakimacounty.us/669/City-of- Yakima-Wellhead-Protection-Plan 5.....Hydrogeologic Framework of Sedimentary Deposits in Six Structural Basins, Yakima River Basin, Washington: http://pubs.usgs.gov/sir/2006/5116/pdf/sir20065116.pdf and Yakima Basin plate http://pubs.usqs.qov/sir/2006/5116/pdf/sir20065116 plate4.pdf15.27.820 Protection approach. A. Classification and Rating of Critical Aquifer Recharge Areas. To promote consistent application of the standards and requirements of this section, Critical Aquifer Recharge Areas within the City shall be rated or classified according to their characteristics, function and value, and/or their sensitivity to disturbance. 1. Critical Aquifer Recharge Areas Classification. Critical aquifer recharge areas are those areas with a critical recharging effect on aquifers used for potable water. Wellhead protection involves the management of activities that have a potential to degrade the quality of groundwater produced by a supply well. The City is classified into four wellhead protection zones that are based on proximity to and travel time of groundwater to Group A and Group B water source wells within the City limits, and are designated using guidance from the Washington Department of Health Wellhead Protection Program pursuant to Chapter 246-290 WAC. a. Wellhead Protection Zone 1 represents the land area overlying the six-month time - of -travel zone of any Group A water source well and/or land area overlying any Group B wellhead protection area. b. Wellhead Protection Zone 2 represents the land area that overlies the one-year time -of -travel zone of any Group A water source well, excluding the land area contained within Wellhead Protection Zone 1. 101 c. Wellhead Protection Zone 3 represents the land area that overlies the five-year and ten-year time -of -travel zones of any Group A water source well, excluding the land area contained within Wellhead Protection Zones 1 or 2. d. Wellhead Protection Zone 4 represents all the remaining land area in the City not included in Wellhead Protection Zones 1, 2, or 3. 2, Classification of wellhead protection zones shall be determined in accordance with the City's Wellhead Protection Plan and the Washington State Department of Health, Office of Drinking Water, Source Water Assessment Program (SWAP) Mapping Application, which designates time of travel and wellhead protection zones that correspond to Zones 1 through 4, noted in subsection 1 above. B. Prohibited Activities in Wellhead Protection Zones. 1. Land uses or activities for new development or redevelopment that pose a significant hazard to the City's groundwater resources, resulting from storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances, shall be prohibited in Wellhead Protection Zones 1 and 2. These land uses and activities include, but are not limited to: a. Large on-site sewage systems, as defined in WAC Chapter 246-272A; b. Hazardous liquid pipelines as defined in RCW Chapter 81.88; c. Solid waste landfills or transfer stations, including hazardous or dangerous waste, municipal solid waste, special waste, wood waste, and inert and demolition waste; d. Liquid petroleum refining, reprocessing, and storage; e. Bulk storage facilities; f. Hard rock and sand and gravel mining, unless located within the mineral resource designation; g. The storage or distribution of gasoline treated with the additive methyl tertiary butyl ether; h. Hazardous waste treatment, storage, and disposal facilities except those defined under permit by rule for industrial wastewater treatment processes per WAC 173-303- 802(5)(a); i. Chemical manufacturing, including but not limited to, organic and inorganic chemicals, plastics and resins, pharmaceuticals, cleaning compounds, paints and lacquers, and agricultural chemicals; j. Dry cleaning establishments using the solvent perchloroethylene or similarly toxic compounds; k. Primary and secondary metal industries that manufacture, produce, smelt, or refine ferrous and nonferrous metals from molten materials; I. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade); m. Mobile fleet fueling operations; n. Class I, Class III, Class IV, and the following types of Class V wells: 5A7, 5F01, 5D03, 5F04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 as regulated under RCW Chapter 90.48 and WAC Chapters 173-200 and 173-218, as amended; o. Permanent dewatering of the aquifer for new projects and redevelopment; p. Facilities that store, process, or dispose of radioactive substances; and q. Irrigation with graywater or reclaimed water. 102 2. Other land uses and activities that the City determines would pose a significant groundwater hazard to Group A and Group B groundwater supplies within the City limits, or would significantly reduce the recharge to aquifers currently or potentially used as a potable water source. C. Wellhead Protection Zone Performance Standards. 1. Activities may only be permitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the aquifer. 2. Any uses or activities which involve storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances shall comply with the following standards that apply to the wellhead protection zone in which they are located. Residential uses of hazardous materials or deleterious substances are exempt from the following standards. 3. If a property is located in more than one wellhead protection zone, the Director of Community Development shall determine which standards shall apply based on an assessment evaluation of the risk posed by the facility or activity. The assessment evaluation shall include, but not be limited to: (a) the location, type, and quantity of the hazardous materials or deleterious substances on the property; (b) the geographic and geologic characteristics of the site; and (c) the type and location of infiltration on the site. 4. Development within Wellhead Protection Zones 1 or 2, and any facility or activity existing as of adoption of this Title within which hazardous materials or other deleterious substances are present, shall implement the following relevant performance standards: a. Secondary Containment. i. The owner or operator of any facility or activity shall provide secondary containment for hazardous materials or other deleterious substances in aggregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid or in quantities specified in the Yakima Fire Code, YMC Chapter 10.05, whichever is smaller. ii. Hazardous materials stored in tanks that are subject to regulation by the Washington State Department of Ecology (Ecology) under WAC Chapter 173-360, Underground Storage Tank Regulations, are exempt from the secondary containment requirements of this section, provided that documentation is provided to demonstrate compliance with those regulations. b. Vehicle Fueling, Maintenance, and Storage Areas. Fleet and automotive service station fueling, equipment maintenance, and vehicle washing areas shall have a containment system for collecting and treating all runoff from such areas and preventing release of fuels, oils, lubricants, and other automotive fluids into soil, surface water, or groundwater. Appropriate emergency response equipment and spill kits shall be kept on-site during transfer, handling, treatment, use, production, recycling, or disposal of hazardous materials or other deleterious substances. c. Loading and Unloading Areas. Secondary containment or equivalent Best Management Practices (BMPs), as approved by the Director of Public Works, shall be required at loading and unloading areas that store, handle, treat, use, produce, recycle, or dispose of hazardous materials or other deleterious substances in aggregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid. d. Stormwater Infiltration Systems. Design and construction of new stormwater infiltration systems must address site-specific risks of releases posed by all hazardous 103 materials on-site. These risks may be mitigated by physical design means or equivalent BMPs in accordance with an approved Hazardous Materials Management Plan. Design and construction of said stormwater infiltration systems shall also be in accordance with YMC Chapter 7.83 and the latest edition of the Stormwater Management Manual for Eastern Washington, approved local equivalent, or another technical stormwater manual approved by Ecology, and shall be certified for compliance with the requirements of this section by a professional engineer or engineering geologist registered in the State of Washington. e. The record and construction details of any well regulated under Chapter 173-160 WAC, Construction and Maintenance of Wells, and any well excluded per WAC 173- 160-010(2) that is constructed or decommissioned in Zones 1 and 2, shall be provided to the Department of Community Development within 60 days of well completion or decommissioning. f. Protection Standards During Construction. The following standards shall apply to construction activities occurring where construction vehicles will be refueled on-site and/or the quantity of hazardous materials that will be stored, dispensed, used, or handled on the construction site is in aggregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid, exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles. As part of the City's project permitting process, the City may require any or all of the following items: i. A development agreement; ii. Detailed monitoring and construction standards; iii. Designation of a person on-site during operating hours who is responsible for supervising the use, storage, and handling of hazardous materials and who has appropriate knowledge and training to take mitigating actions necessary in the event of fire or spill; iv. Hazardous material storage, dispensing, refueling areas, and use and handling areas shall be provided with secondary containment adequate to contain the maximum release from the largest volume container of hazardous substances stored at the construction site; v. Practices and procedures to ensure that hazardous materials left on-site when the site is unsupervised are inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on construction vehicles, or other techniques may be used if they will preclude access; vi. Practices and procedures to ensure that construction vehicles and stationary equipment that are found to be leaking fuel, hydraulic fluid, and/or other hazardous materials will be removed immediately or repaired on-site immediately. The vehicle or equipment may be repaired in place, provided the leakage is completely contained; vii. Practices and procedures to ensure that storage and dispensing of flammable and combustible liquids from tanks, containers, and tank trucks into the fuel and fluid reservoirs of construction vehicles or stationary equipment on the construction site are in accordance with the Yakima Fire Code, YMC Chapter 10.05; and viii. Practices and procedures, and/or on-site materials adequate to ensure the immediate containment and cleanup of any release of hazardous substances stored at the construction site. On-site cleanup materials may suffice for smaller spills whereas cleanup of larger spills may require a subcontract with a qualified cleanup 104 contractor. Releases shall immediately be contained, cleaned up, and reported if required under state or federal law. Contaminated soil, water, and other materials shall be disposed of according to state and local requirements. g. Fill Materials. Fill material shall comply with the standards in YMC Chapter 7.82 and the following: i. Fill material shall not contain concentrations of contaminants that exceed cleanup standards for soil specified in WAC 173-340-740, Model Toxics Control Act, regardless of whether all or part of the contamination is due to natural background levels at the fill source site. Where the detection limit (lower limit at which a chemical can be detected by a specified laboratory procedure) for a particular soil contaminant exceeds the cleanup standard for soil specified in WAC 173-340-740, the detection limit shall be the standard for fill material quality. ii. Fill materials in quantities greater than 10 cubic yards placed directly on or in the ground in excess of six months shall meet the following requirements: 1. A fill material source statement shall be provided to the Department of Community Development and shall be reviewed and accepted by the Department prior to stockpiling or grading imported fill materials at the site. The source statement shall be issued by a professional engineer, geologist, engineering geologist or hydrogeologist licensed in the State of Washington demonstrating the source's compliance with standards of the Model Toxics Control Act. The source statement shall be required for each different source location from which fill will be obtained. 2. Analytical results demonstrating that fill materials do not exceed cleanup standards specified in WAC 173-340-740 may be used in lieu of a fill material source statement, provided the regulated facility submits a sampling plan to, and which is approved by, the Director of Community Development. The regulated facility must then adhere to the approved sampling plan, and maintain analytical data on-site and available for inspection for a minimum of five years from the date that the fill was accepted. iii. The Department of Community Development may accept a fill material source statement that does not include results of sampling and analysis of imported fill if it determines that adequate information is provided indicating that the source location is free of contamination. Such information may include, but is not limited to: 1. Results of field testing of earth materials to be imported to the site with instruments capable of detecting the presence of contaminants; or 2. Results of previous sampling and analysis of earth materials to be imported to the site. iv. A fill material source statement is not required if documents confirm that imported fill will be obtained from a Washington State Department of Transportation approved source. v. The Director of Community Development shall have the authority to require corrective measures regarding noncompliant fill materials, including independent sampling and analysis, if the property owner or operator fails to accomplish such measures in a timely manner. The property owner or operator shall be responsible for any costs incurred by the City in the conduct of such activities. h. Cathodic Protection Wells. Cathodic protection wells shall be constructed such that the following do not occur. 105 i. Vertical cross -connection of aquifers normally separated by confining units; ii. Migration of contaminated surface water along improperly sealed well borings or casings; iii. Introduction of electrolytes or related solutions into the subsurface; and iv. Any of the above conditions caused by improperly abandoned cathodic protection wells that are no longer in use. i. Underground Hydraulic Elevator Cylinders. All underground hydraulic elevator pressure cylinders shall be encased in an outer plastic casing constructed of Schedule 40 or thicker -wall polyethylene or polyvinyl chloride pipe, or equivalent. The plastic casing shall be capped at the bottom, and all joints shall be solvent- or heat -welded to ensure water tightness. The neck of the plastic casing shall provide a means of inspection to monitor the annulus between the pressurized hydraulic elevator cylinder and the protective plastic casing. j. Best Management Practices (BMPs). All development or redevelopment shall implement BMPs for water quality and quantity, as approved by the Director of Community Development, such as biofiltration swales and use of oil -water separators, BMPs appropriate to the particular use proposed, clustered development, and limited impervious surfaces. 5. Development within Wellhead Protection Zone 3 shall implement appropriate BMPs and comply with the performance standards for vehicle fueling, maintenance, and storage areas; loading and unloading areas; well construction and operation; fill materials; cathodic protection wells; and underground hydraulic elevator cylinders in applicable subsections in C.4 of this section. 6. Development within Wellhead Protection Zone 4 shall implement BMPs for water quality and quantity. 7. An incremental environmental improvement to a system protective of groundwater shall not alter, expand, or intensify an existing legal nonconformance, but may proceed without having to meet the following City codes: a. Restrictions associated with critical areas and critical area buffers, if the footprint of the original system protective of groundwater is located within the same critical area buffer, and it can be demonstrated through BAS that there will be no significant adverse impacts to the critical area and its buffer; b. Any requirement to bring all or any portion of the facility or the development it serves up to current building, fire, or land use codes that is triggered by the value or design of the incremental environmental improvement to a system protective of groundwater; and c. The incremental improvement shall not qualify as a redevelopment that would otherwise be prohibited by Title 15 YMC. APPENDIX B Designated Type 2 Stream Corridors The following stream reaches within Yakima County are designated critical areas under the City of Yakima's Critical Areas Ordinance: 1. Bachelor Creek: From source at Ahtanum Creek (SEC13-TWP12N-RGE16 EWM) downstream to its mouth at Ahtanum Creek (SEC1-TWP12N-RGE18E). 106 2. Cottonwood Canyon Creek: From the south line of SEC32-TWP13N-RGE17E, downstream to mouth at Wide Hollow Creek (SEC36-TWP13N-RGE17E). 3. Hatton Creek: From its source at Ahtanum Creek (SEC18-TWP12N-RGE17) downstream to its confluence with Ahtanum Creek (SEC18-TWP12N-RGE18E). 4. Wide Hollow Creek: From the east line of the SW1/4 of the NW1/4 (SEC28- TWP13N-RGE17E) downstream to the mouth at the Yakima River. 5. Cowiche Creek: that portion which is not designated Type 1. 6. Spring Creek and associated tributaries. Chapter 17.01 PURPOSE AND GENERAL PROVISIONS Sections: 17.01.010 Authority. 17.01.020 Applicability. 17.01.030 Findings. 17.01.040 Purpose. 17.01.050 Relationship to other codes, ordinances and plans. 17.01.060 Liberal construction. 17.01.070 Severability. 17.01.080 Effective date. 17.01.090 Definitions. 17.01.100 Shoreline jurisdiction. 17.01.010 Authority. A. Title 17 of the Yakima Municipal Code is established pursuant to Chapter 90.58 RCW (Shoreline Management Act), Chapter 173-26 WAC (State master program approval/amendment procedures and master program guidelines), and Chapter 173-27 WAC (Shoreline management permit and enforcement procedures). This title shall be known as the "shoreline master program regulations." B. The shoreline master program regulations shall, for the purposes of RCW 36.70A.480 (GMA and Shorelines of the State), be considered a set of use regulations applying only to shoreline areas as specified in Chapter 90.58 RCW (SMA) and Chapter 173-26 WAC (State master program approval/amendment procedures and master program guidelines). These regulations are intended to be substantive legal rules and procedures used to implement the goals and policies of the master program (these goals and policies are contained in the City of Yakima Comprehensive Plan, Chapter 10, Section 3—General Shoreline Planning Sub - 107 element). These regulations shall be applied and interpreted in a manner consistent with the remainder of the master program or the Act. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.01.020 Applicability. A. The provisions of this title shall apply to any new development, construction or use within the incorporated portion of the city of Yakima. However, this title does not apply to the situations below: 1. Interior building improvements that do not change the use or occupancy are not subject to this title; 2. Exterior structure maintenance activities, including painting and roofing, as long as such activities do not expand the existing footprint of the structure or impervious area; 3. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding; 4. Maintenance of the following existing facilities that do not expand the affected area: septic tanks (routine cleaning), wells, and individual utility service connections; 5. Changing agricultural crops within an existing farming operation is not considered new development, construction or use. SMP regulations do apply to the following: (a) new agricultural activities on land not meeting the definition of agricultural land, (b) conversion of agricultural lands to other uses, and (c) other development on agricultural land that does not meet the definition of agricultural activities (e.g., processing plants); and 6. Minor, temporary or transient activities, including those of a recreational nature, that do not alter the environment or require a dedicated staging area, use area, or route are not subject to this title, and including temporary signs (election, sale, rent, etc.). B. The following subsections guide the determination of applicability of SMP regulations on federal lands: 1. Federal development on federally owned land is not subject to this SMP nor required to obtain a shoreline permit unless otherwise required by federal law, or unless the state by statute has ceded all regulatory authority over the federal ownership; 2. Federal development on a federally owned lease is not subject to this SMP nor required to obtain a shoreline permit unless otherwise required by federal law, or unless the state by statute has ceded all regulatory authority over the federal ownership as long as the development is consistent with the purpose of the lease; 3. Development on federally owned land under a federal lease or easement for a nonfederal activity is subject to this SMP and must obtain a shoreline permit; for example, 108 the SMP applies to private activities on federal land such as leases where the private citizen owns the structure but the federal government owns the land; 4. Nonfederal development or use on federally owned land is subject to this SMP and must obtain a shoreline permit; and 5. Development on nonfederal land is subject to this SMP and must obtain a shoreline permit, even if it is leased, rented, etc. to the federal government, or it is within the boundaries of federal ownership unless the state by statute has ceded all regulatory authority over the federal ownership. C. Unless specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act and this master program whether or not a permit is required. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.01.030 Findings. A. The Yakima River Greenway consists of extensive trails along the Yakima River and Naches River providing regional shoreline public access that draws significant numbers of persons. B. All jurisdictional lakes, or pre -designated lakes associated with mining, are manmade, highly altered, and separated by levees and highways from the river courses. C. Willow Lake and Lake Aspen are owned by homeowners associations, and Lake Aspen's residential community is governed by covenants, conditions, and restrictions. D. There is relatively limited development potential on lands in the city limits due to the historic urban developed character, and limited development potential in the city and UGA where there are channel migration zones, floodways, and concentrations of critical areas. E. There are several essential public facilities in shoreline jurisdiction such as highways of statewide significance and the city's wastewater treatment plant. Another significant public use includes a state park providing active and passive recreation. F. The CMZ and floodway areas are largely in public ownership and are managed for flood hazard protection, water processes, and habitat value. G. SMP environments and regulations recognize the current and future preferred uses, altered and natural character, and shoreline ecological functions. H. The current shoreline conditions, anticipated development, and proposed SMP use and environmental regulations are demonstrated in the CIA Addendum to result in no net loss of shoreline ecological function. (Ord. 2015-002 § 1 (Exh. A)(part)). 109 17.01.040 Purpose. The purpose of this title is to establish a single, uniform system of procedures and standards to be applied to development within shoreline jurisdiction of the city of Yakima. The SMP regulations are intended to carry out the responsibilities imposed on the city of Yakima by the Shoreline Management Act (Chapter 90.58 RCW) and its Administrative Rules (Chapters 173- 18, 173-20, 173-22, 173-26 and 173-27 WAC) insofar as regulations can, and the adoption of these regulations does not remove other responsibilities imposed by the Act. The purposes of the shoreline master program regulations are to: A. Promote reasonable and appropriate use of the shorelines that will protect the public and private interest; B. Protect against adverse effects to the public health, the land, its vegetation and wildlife and the waters and their aquatic life within the city of Yakima; C. Protect public rights of navigation; D. Recognize and protect private property rights consistent with public interest; E. Promote a high quality of environment along the shorelines; F. Preserve and protect fragile natural resources and culturally significant features; G. Increase public access to publicly owned areas of the shorelines where increased use levels are desirable; H. Protect public and private properties from adverse effects of improper development in hazardous shorelines areas; I. Recognize and protect the statewide interest; J. Give preference to uses that result in long-term over short-term benefits; K. Provide for no net loss of ecological functions cumulatively from both individual permitted development and individual exempt development; and L. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.01.050 Relationship to other codes, ordinances and plans. A. All applicable federal, state, and local laws shall apply to properties in the shoreline jurisdiction. At the time of application or initial inquiry, the shoreline administrator shall inform the applicant/proponent of other local laws and rules that may be applicable to the project. The responsibility for determining applicable federal, state or special district statutes and regulations and complying with the same rests with the applicant/proponent or responsible person carrying out the activity, use, or development in question. 110 B. This SMP includes critical areas regulations applicable only in the shoreline jurisdiction, and shall control within shoreline jurisdiction over other city critical area regulations adopted pursuant to the Growth Management Act. C. Other rules and regulations, including but not limited to the city of Yakima development regulations addressing subdivision, zoning, building and construction shall remain in full force and effect as they apply to a designated shoreline. D. Wherever the requirements of this title conflict with the requirements of city rules or regulations, the most restrictive standards shall govern. (Ord. 2015-002 § 1 (Exh. A)(part)) 17.01.060 Liberal construction. As provided for in RCW 90.58.900, the Act is exempted from the rule of strict construction; the Act and this SMP shall therefore be liberally construed to give full effect to the purposes, goals, objectives, and policies for which they were enacted. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.01.070 Severability. If any provision of the ordinance codified in this title, or its application to any person or legal entity or circumstances is held to be invalid, the remainder of said ordinance or the application of the provision to other persons or legal entities or circumstances shall not be affected. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.01.080 Effective date. This SMP and all amendments thereto shall become effective fourteen days from the date of the Washington Department of Ecology's written notice of final approval. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.01.090 Definitions. Whenever the words and terms set forth in this section appear in this title, they shall be given the meaning attributed to them by this section. Definitions established by RCW 90.58.030 and WAC Title 173 have been incorporated herein and should these definitions in the RCW or WAC be amended, the most current RCW or WAC definition shall apply. Except where specifically defined in this section, the RCW or the WAC, all words used in this shoreline master program shall carry their customary meanings. When not inconsistent with the context, words used in the present tense include the future; the singular includes the plural; and the plural, the singular. "Abutting" means bordering upon, to touch upon, or in physical contact with. Sites are considered abutting even though the area of contact may be only a point. "Accessory" means any use or development incidental to and subordinate to a primary use of a shoreline use or development. See also "Appurtenance, residential." 111 "Act" means the Washington State Shoreline Management Act, Chapter 90.58 RCW. "Adjacent" means to be nearby and not necessarily abutting. "Adoption by rule" means an official action by the Department of Ecology to make a local government shoreline master program effective through rule consistent with the requirements of the Administrative Procedure Act, Chapter 34.05 RCW, thereby incorporating the adopted shoreline master program or amendment into the state master program. "Advanced mitigation" is a form of permittee-responsible mitigation constructed in advance of a permitted impact. An advance mitigation site needs to be planned, designed, and constructed before a project can use any mitigation credit. Advance mitigation can be proposed by any applicant, but the advance compensatory mitigation credits generated by a mitigation effort in advance of impacts can only be used by that same applicant. "Agricultural activities" means agricultural uses and practices including, but not limited to producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation. "Agricultural equipment" and "agricultural facilities" includes, but is not limited to: A. The following used in agricultural operations: equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities, including but not limited to pumps, pipes, tapes, canals, ditches, and drains; B. Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; C. Farm residences and associated equipment, lands, and facilities; and D. Roadside stands and on-farm markets for marketing fruit or vegetables. "Agricultural land" means those specific land areas on which agriculture activities are conducted as of the date of adoption of a local master program as evidenced by aerial photography or 112 other documentation. After the effective date of the master program, land converted to agricultural use is subject to compliance with the requirements of the master program. "Agricultural products" includes but is not limited to horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty years of planting; and livestock including both the animals themselves and animal products, including but not limited to meat, upland finfish, poultry and poultry products, and dairy products. "Alluvial fan" is a low, outspread, relatively flat to gently sloping feature, shaped like an open fan or a segment of a cone, deposited by a stream at the place where it issues from a valley upon a plain or broad valley, or where a tributary stream is near or at its junction with the main stream, or wherever a constriction in a valley abruptly ceases or the gradient of the stream suddenly decreases; it is steepest near the mouth of the valley where its apex points upstream, and it slopes gently and convexly outward with gradually decreasing gradient. "Amendment" means a revision, update, addition, deletion, and/or reenactment to an existing shoreline master program. "Applicant" means a person, party, firm, corporation, or other legal entity that proposes a development, construction or use on a site. "Approval" means an official action by a local government legislative body agreeing to submit a proposed shoreline master program or amendments to the Department of Ecology for review and official action pursuant to this chapter; or an official action by the Department of Ecology to make a local government shoreline master program effective, thereby incorporating the approved shoreline master program or amendment into the state master program. "Appurtenance, residential" is necessarily connected to the use and enjoyment of a single -family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. Normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. "Aquaculture" means the culture and/or farming of fish, shellfish, or other aquatic plants and animals. When dependent on the use of the water area and when consistent with control of pollution and prevention of damage to the environment, aquaculture is a preferred use of the water area. Commercial aquaculture is conducted to produce products for market with the 113 objective of earning a profit. Noncommercial aquaculture is conducted for the benefit of native fish recovery, education and interpretation, or other public benefit or use. "Aquifer" means a saturated geologic formation which will yield a sufficient quantity of water to serve as a private or public water supply. "Bank" means the land surface above the ordinary high water mark that abuts a body of water and contains it to the bankfull depth. "Bankfull depth" means the average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect a terrace or hillslope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels along the cross-section. "Barb" is a structure used primarily in streams. It is a low relief projection from a bank, angled upstream, to redirect flow away from the bank towards the center of the channel. As opposed to groins or jetties, barbs are not barrier types of structures; they function by redirecting flows that pass over the top of the structure. "Base flood" for purposes of administering YMC 17.09.020 means the flood having a one percent chance of being equaled or exceeded in any given year. (Ref. IBC 1612.2.) "Base flood elevation" for purposes of administering YMC 17.09.020 means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). (Ref. IBC 1612.2.) "Basement" for purposes of administering YMC 17.09.020 means any area of the building having its floor subgrade (below ground level) on all sides. (Ref. IBC 1612.2.) "Bed" means the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man. "Bedrock" means in-place solid rock. "Berm" means a mound of earth material used as a protective barrier or to control the direction of water flow. "Best management practices" or "BMPs" means schedules of activities, practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in a combination prevent or reduce adverse impacts to the environment. "Bioengineering" means project designs or construction methods which use live woody vegetation or a combination of live woody vegetation and specially developed natural or 114 synthetic materials to establish a complex root grid within the existing bank which is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to aquatic and terrestrial wildlife. Bioengineered or biotechnical bank protection designs may incorporate limited use of armored toes and wood structural elements. "Boating facilities" means developments and uses that support access to shoreline waters for purposes of boating, including marinas, community docks serving more than four single -family residences or multifamily units, public piers, and community or public boat launch facilities. Docks serving four or fewer single -family residences are not boating facilities. "Breakwater" means a fixed or floating off-shore structure that protects the shore from wave action or currents. "Buffer averaging" means the regulatory alteration of the dimensions of a buffer that allows for increases and decreases in the buffer in discrete areas; provided, that the net area of buffer remains the same. "Building official" means the manager of the offices of code administration or designee. "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the shore consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion. "Channel" means an open conduit, either naturally or artificially created, which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. "Channel migration zone (CMZ)" means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. "Classification" means the definition of value and hazard categories to which critical areas and natural resource lands will be assigned. "Clearing" means the removal of timber, brush, grass, ground cover or other vegetative matter from a site. "Compaction" means compressing soil through some mechanical means to make it denser. "Comprehensive master program update" means a master program that fully achieves the procedural and substantive requirements of the Department of Ecology's Shoreline Master Program Guidelines effective January 17, 2004, as now or hereafter amended. 115 "Concentrated animal feeding operation" means a structure or pens for the concentrated feeding or holding of animals or poultry, including, but not limited to, horses, cattle, sheep or swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms, but does not include animal husbandry. "Conditional use" means a use, development, or substantial development which is classified as a conditional use or is not classified within the applicable master program. "Construction" means the assembly, placement, or installation of structures, roadways, transmission lines, and other improvements within a project site. "Critical aquifer recharge area" means an area with a critical recharging effect on aquifers used for potable water, or areas where a drinking aquifer is vulnerable to contamination that would affect the potability of the water. "Critical areas" as defined under Chapter 36.70A RCW includes 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. "Department" means the city of Yakima community development department. "Designated" means formal legislative action to identify and describe a critical area. "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; 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 act at any stage of water level. See also "Substantial development." Development does not include the following activities: A. Interior building improvements that do not change the use or occupancy; B. Exterior structure maintenance activities, including painting and roofing as long as it does not expand the existing footprint of the structure; C. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding; and D. Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning); wells; and individual utility service connections. 116 "Development regulations" means the controls placed on development or land uses by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under Chapter 90.58 RCW, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. "Dike" means an embankment to prevent flooding by a stream or other water body. A dike is also referred to as a levee. "Dock" means a structure built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming, and other recreational uses. "Document of record" means the most current shoreline master program officially approved or adopted by rule by the department for a given local government jurisdiction, including any changes resulting from appeals filed pursuant to RCW 90.58.190. "Dredging" means removal of earth from the bed of a stream, lake, or pond for the purpose of flood control; navigation; utility installation (excluding on-site utility features serving a primary use, which are "accessory utilities" and shall be considered a part of the primary use); the construction or modification of essential public facilities and regional transportation facilities; restoration (of which the primary restoration element is sediment/soil removal rather than being incidental to the primary restoration purpose); and/or obtaining minerals, construction aggregate, or landfill materials. This definition does not include excavation for mining within a pond created by a mining operation approved under this title or under a local zoning ordinance, or a mining operation in existence before zoning, shorelines, or critical areas permits were required for such operations. Dredging, as regulated in this SMP under YMC 17.07.050, is not intended to cover other excavations waterward of the ordinary high water mark that are incidental to construction of an otherwise authorized use or modification (e.g., bulkhead replacements, large woody debris installations, boat launch ramp installation, pile placement). "Earth material" means any rock, natural soil, or combination thereof. "Ecological functions" or "shoreline functions" means 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 processes" means 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. 117 "Enhance" means to strengthen any of the basic functional properties listed in Chapter YMC that exist but do not perform at optimum efficiency. "Optimum" refers to the most favorable or best performance of each function achievable for a specific segment of stream or lake corridor. "Ephemeral stream" means a stream that flows only in response to precipitation with no groundwater association, usually less than thirty days per year. The lack of any groundwater association results in a lack of a distinctive riparian vegetation compared to the surrounding landscape. "Erosion" means the wearing away of the earth's surface as a result of the movement of wind, water, or ice. "Events and temporary uses" means a social or community occasion or activity lasting for a limited time. Events and temporary uses within permitted facilities or legally nonconforming facilities that are designed for such uses are not included in this definition, as long as they do not materially interfere with the normal public use of the water or shorelines of the state. "Excavation" means the mechanical removal of earth material. "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, 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 Act and the local master program. "Fair market value" of a development is the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials. "Feasible" means that an action, such as a development project, mitigation, or preservation requirement, 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 primary intended legal use. 118 In cases where these guidelines require 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" means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. The physical structure of a bank stabilization structure shall not be considered fill. However, fill placed behind the structure is considered fill. Stream bed manipulation for irrigation diversions or restoration shall not be considered fill. "Fish and wildlife habitat conservation" means land management for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term. Counties and cities should engage in cooperative planning and coordination to help assure long term population viability. "Fish and wildlife habitat conservation areas" are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. Counties and cities may also designate locally important habitats and species. Fish and wildlife habitat conservation areas does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company. "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff of surface waters from any source. "Flood hazard permit" means written approval applied for and obtained in accordance with such rules and regulations as are established under this title. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. 119 "Floodplain" is synonymous with the one-hundred-year floodplain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the act. "Flood-prone" means a land area for which a floodway and floodplain has not been determined with respect to any specific flood frequency, but for which the potential for flooding can be identified by information observable in the field such as soils or geological evidence, or by materials such as flood studies, topographic surveys, photographic evidence or other data. "Flood-proofing" for purposes of administering this title means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damages to lands, water and sanitary facilities, structures and contents of buildings. "Floodway" means the area, as identified in a master program, that either: A. Has been established in Federal Emergency Management Agency Flood Insurance Rate Maps or floodway maps; or B. Consists of those portions of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal conditions, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition, topography, or other indicators of flooding that occurs with reasonable regularity, although not necessarily annually. Regardless of the method used to identify the floodway, the floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state. "Floodway fringe" for purposes of administering this title means that portion of a floodplain which is inundated by floodwaters, but is not within a defined floodway. Floodway fringes serve as temporary storage for floodwaters. "Forest land" means land primarily devoted to forest practices activities. "Forest practices" means activities conducted under federal forest practices approval or under a forest practices permit reviewed and approved by the Washington Department of Natural Resources pertaining to the management of forest land, including growing, managing, harvesting, and interim storage of merchantable timber for commercial value, as well as 120 incidental activities reviewed under federal or state approval, such as road construction and maintenance (including bridges) and mining activities. "Geotechnical report" or "geotechnical analysis" means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down -current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes. "Grade" means the vertical location of the ground surface. "Natural grade" is the grade as it exists or may have existed in its original undisturbed condition. "Existing grade" is the current grade in either its undisturbed, natural condition or as disturbed by some previous modification. "Rough grade" is a stage where grade conforms approximately to an approved plan. "Finish grade" is the final grade of the site which conforms to an approved plan. "Average grade level" is 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. In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure. "Grading" means 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. "Groin" means a barrier type of structure that extends from the stream bank into a waterbody for the purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water or deposition of materials. Groins may serve a variety of functions, including bank protection, pool formation, and increased roughness, and may include rock structures, debris jams, or pilings that collect wood debris. See also "Barb" and "Weir." "Groundwater" means water that occurs beneath the land surface, also called subsurface water or subterranean water. Groundwater includes water in the zone of saturation of a water -bearing formation. 121 "Guidelines" means those standards adopted by the Department of Ecology into the Washington Administrative Code (WAC) to implement the policy of Chapter 90.58 RCW for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards also provide criteria for local governments and the Department of Ecology in developing and amending master programs. "Habitats of local importance" are designated as fish and wildlife habitat conservation areas based on a finding by the city that they are locally important. "Hard structural shoreline stabilization" means shoreline erosion control practices using hardened structures that armor and stabilize the shoreline from further erosion. Hard structural shoreline stabilization typically uses concrete, boulders, dimensional lumber or other materials to construct linear, vertical or near-vertical faces. These include bulkheads, riprap, and similar structures. "Hazardous materials" means any material, either singularly or in combination, that is a physical or health hazard as defined and classified in the International Fire Code, whether the materials are in usable or waste condition; any material that may degrade groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged; any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-303 WAC, whether the materials are in usable or waste condition; and petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste oils or sludge. "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, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the SMP specifically requires that such appurtenances be included; provided further, that temporary construction equipment is excluded in this calculation. "Hydraulic dredging" is a minimally invasive dredging technique that utilizes suction to vacuum up sediments and other lake or riverbed material. "Hyporheic" means a groundwater area adjacent to and below channels where water is exchanged with channel water and water movement is mainly in the downstream direction. "Intermittent stream" means a stream which flows only during certain times of the year, with inputs from precipitation and groundwater, but usually more than thirty days per year. The groundwater association generally produces an identifiable riparian area. This definition does 122 not include streams that are intermittent because of irrigation diversion or other manmade diversions of the water. "In-water structures" are structures placed by humans within a stream, river or lake waterward of the OHWM that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-water structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, recreation, or other purpose. Barbs, jetties, groins and weirs are all examples of in-water structures. "Lake or pond" means an inland body of standing water. "Limited master program amendment" means a master program amendment that addresses specific procedural and/or substantive topics and which is not intended to meet the complete requirements of a comprehensive master program update. "Lowest floor" for purposes of administering YMC 17.09.020 means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title. "Maintenance, normal" means those usual acts to prevent a decline, lapse, or cessation from a legally established condition. See "Repair, normal." "Manufactured home" means a structure fabricated on a permanent chassis that is transportable in one or more sections; is designed to be used with or without a permanent foundation when connected to the required facilities; has sleeping, cooking, and plumbing facilities or any combination thereof; and is intended for human occupancy or is being used for residential purposes. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale pursuant to YMC Title 15. "Manufactured home park or subdivision, existing" means a manufactured home park or subdivision that was completed before December 15, 1981, the effective date of the floodplain management regulations. "May" means the action is acceptable, provided it conforms to the provisions of this chapter. "Minerals" means gravel, sand and metallic and nonmetallic substances of commercial value. 123 "Mining" means the removal of naturally occurring minerals and materials from the earth for commercial value. Mining includes processing and batching. Mining does not include large excavations for structures, foundations, parking areas, etc. "Must" means a mandate; the action is required. "Native" means indigenous to or originating naturally within Yakima County. "Natural conditions" means those conditions which arise from or are found in nature and not modified by human intervention; not to include artificial or manufactured conditions. "Natural or existing topography" means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling. "New construction," for purposes of administering YMC 17.09.020, means the start of construction after construction plans were submitted to the city and the building division reviewed and approved the construction plans to create a structure. "Nonconforming structure" for purposes of administering YMC 17.09.020 means a structure which was lawful prior to the adoption or amendment of this chapter, but which fails by reason of such adoption or amendment to conform to the present requirements of the zoning district in which it is located. In addition, the structure may not be permitted as a new structure under the terms of this chapter because the structure may not be in conformance with the applicable elevation and/or floodproofing requirements. "Nonconforming use" for purposes of administering YMC 17.09.020 means a use of land or structure which was lawfully established and maintained prior to the adoption or amendment of this chapter, but does not conform to this chapter for the zoning district in which it is located. In addition, the use may not be permitted as a new use under the terms of this chapter because the use may not be in conformance with the applicable elevation and/or floodproofing requirements. "Nonwater-oriented uses" means those uses that are not water -dependent, water -related, or water -enjoyment. "Ordinary high water mark" (OHWM) means that mark on lakes and streams which 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 ordinary years, as to mark upon the soil or vegetation a character distinct from that of the abutting upland. Provided, that in any area where the ordinary high water line cannot be found, the ordinary high water line is the elevation of the mean annual flood. 124 "Perennial stream" means a stream that flows year round in normal water years. Groundwater is a source of much of the water in the channel. "Permit" means any substantial development, variance, conditional use permit, or revision authorized under Chapter 90.58 RCW. "Priority habitat" means a habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes: Comparatively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish spawning habitat; important wildlife habitat; important fish or wildlife seasonal range; important fish or wildlife movement corridor; rearing and foraging habitat; refuge; limited availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish bed. A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife. A priority habitat may also be described by a successional stage. Alternatively, a priority habitat may consist of a specific habitat element (such as talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife. "Priority species" means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below: A. State-Listed or State Proposed Species. State-listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232- 12-011), or sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed by the Department of Fish and Wildlife (POL-M- 6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-29-t. B. Vulnerable Aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. C. Species of Recreational, Commercial, and/or Tribal Importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation. D. Species listed under the federal Endangered Species Act as either proposed, threatened, or endangered. 125 "Project site" means that portion of any lot, parcel, tract, or combination thereof which encompasses all phases of the total project proposal. "Provisions" means policies, regulations, standards, guideline criteria or environment designations. "Public access" means 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 interest" means the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development. "Public trust doctrine" is a legal principle derived from English Common Law. The essence of the doctrine is that the waters of the state are a public resource owned by and available to all citizens equally for the purposes of navigation, conducting commerce, fishing, recreation and similar uses and that this trust is not invalidated by private ownership of the underlying land. The public trust doctrine does not allow the public to trespass over privately owned uplands to access the water. It does, however, protect public use of navigable water bodies below the ordinary high water mark. "Qualified professional" shall meet the following criteria: A. A qualified professional for wetlands must have a bachelor's degree or higher in biology, ecology, soil science, botany, or a closely related field, and a minimum of five years of professional experience in wetland identification and assessment in the Pacific Northwest. B. A qualified professional for stream corridors must have a bachelor's degree or higher in wildlife biology, ecology, fisheries, or closely related field, and a minimum of five years' professional experience related to the subject species/habitat type. C. A qualified professional for geologically hazardous areas and preparation of geotechnical reports must be a professional engineering geologist or civil engineer, licensed in the state of Washington. D. A qualified professional for critical aquifer recharge areas must be a professional hydrogeologist, or environmental engineer licensed in the state of Washington. E. A qualified professional for channel migration zone reports must be a professional engineering geologist, civil engineer or geologist licensed in the state of Washington, with a minimum of five years of professional experience in geomorphology. 126 F. A qualified professional for flood studies must be a professional engineering geologist or civil engineer licensed in the state of Washington. G. A qualified professional for economic studies must have a bachelor's degree or higher in economics or business administration with five years of professional experience. The five year standard shall be waived for professionals with a PhD degree. H. A qualified professional for habitat assessments and habitat management plans must have a bachelor's degree or higher in biology and professional experience related to the subject species or habitat. I. Or other person/persons with experience, training, expertise and related work experience appropriate for the relevant critical area subjects determined acceptable to the shoreline administrator. "Recreational development" means public or commercial activities or facilities that allow for the refreshment of mind and body. Examples include, but are not limited to, parks, viewpoints, trails, public access facilities, and other low -intensity use outdoor recreation areas. Recreational uses that do not require a shoreline location, nor are related to the water, nor provide significant public access, are considered nonwater-oriented. For example, a recreation use solely offering indoor activities would be considered nonwater-oriented. "Recreation, high intensity" means use areas with major structures and improvements, such as an urban park with extensive paved surfaces or substantially altered vegetation. RV park/camping with units remaining year-round is included in this category. "Recreation, low intensity" means unimproved use areas, such as hiking or nature trails, primitive camping areas, swimming beaches, etc. An unimproved personal camping and recreation site is included in this category. "Recreation, moderate intensity" means use areas with minor structures and improvements, such as campgrounds, picnic facilities, paved trails, swimming beaches, fishing sites, or nature/history interpretive centers. RV park/camping with units not remaining year-round is included in this category. "Recreation vehicle" means a vehicle which is: A. Built on a single chassis; B. Four hundred square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light-duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 127 "Repair, normal" means to restore a development or structure to a state comparable to its original, legally established condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resources or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development, including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. See also "Maintenance, normal." "Residential development" means construction or alteration, earth modification, subdivision and use of land primarily for human residence; including, but not limited to, single-family residences and multifamily dwellings, accessory uses, and structures normally associated with residential uses and structures. Residential development includes land divisions, including short plats, of residentially zoned land. It also includes all modifications to land and vegetation associated with construction, preparation, or maintenance of residential structures or accessory structures. "Restore," "restoration" or "ecological restoration" means the reestablishment or upgrading of impaired ecological shoreline processes or functions, such as those listed in YMC 17.09.030(E) that have been lost or destroyed through natural events or human activity. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the site to aboriginal or pre -European settlement conditions. "Revetment" means a facing placed on a bank or bluff to protect a slope, embankment, or shore structure against erosion by wave action or currents. "Riparian vegetation" means the terrestrial vegetation that grows beside rivers, streams, and other freshwater bodies and that depends on these water sources for soil moisture greater than would otherwise be available from local precipitation. "Riprap" means a layer, facing, or protective mound of stones randomly placed to prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose. "Scour" means the removal of underwater material by waves and currents, especially at the base or toe of a bank stabilization or other in -water structure. "Shall" means a mandate; the action must be done. 128 "Shorelands" or "shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams and lakes which are subject to the provisions of this chapter; the same to be designated as to location by the Department of Ecology. "Shoreline administrator" means the duly appointed city of Yakima director of community development, whichever is appropriate, or their designee. "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. "Shoreline environment designations" are a classification of shorelines established by local shoreline master programs in order to provide a uniform basis for applying policies and use regulations within distinctively different shoreline areas. "Shoreline modifications" means 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" means structural or nonstructural modifications to the existing shoreline intended to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, wind, or wave action. They are generally located parallel to the shoreline at or near the OHWM. "Shorelines" means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except (A) shorelines of statewide significance; (B) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (C) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes. "Shorelines hearings board" means a six-member quasi-judicial body, created by the SMA, which hears appeals by any aggrieved party on the issuance of a shoreline permit, enforcement penalty and appeals by the city on Department of Ecology approval of master programs, rules, regulations, guidelines or designations under the SMA. "Shorelines of statewide significance" means the following shorelines of the state: 129 A. Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark; B. Those natural rivers or segments east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer; and C. Those shorelands associated with subsections A and B of this definition. "Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide significance" within the state. "Should" means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this chapter, against taking the action. "Significant" means a reasonable likelihood of more than a moderate adverse impact on environmental quality. Significance involves context and intensity and does not lend itself to a formula or quantifiable test. The context may vary with the physical setting. Intensity depends on the magnitude and duration of an impact. The severity of an impact should be weighed along with the likelihood of its occurrence. An impact may be significant if its chance of occurrence is not great, but the resulting environmental impact would be severe if it occurred. "Significant ecological impact" means an effect or consequence of an action if any of the following apply: A. The action measurably or noticeably reduces or harms an ecological function or ecosystem -wide process. B. Scientific evidence or objective analysis indicates the action could cause measurable or noticeable reduction or harm to those ecological functions or ecosystem -wide processes under foreseeable conditions. C. Scientific evidence indicates the action could contribute to a measurable or noticeable reduction or harm to ecological functions or ecosystem -wide processes as part of cumulative impacts, due to similar actions that are occurring or are likely to occur. Any project may have one or more significant ecological impacts, which can be either short-term or long-term. Projects with short-term significant ecological impacts may still be considered beneficial if the project improved ecological function over the long term, either due to mitigation or because of short- term impacts, may be construction -related only. 130 "Significant vegetation removal" means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. 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. "Single improved recreational vehicle site" means a site on which a recreational vehicle may be parked with minimal services (such as electricity, well and septic system), without a garage or carport, and without large accessory buildings (small detached storage sheds or accessory structures totaling one hundred twenty square feet or less may be allowed). Recreational vehicle sites not meeting these criteria are considered single -family residences. "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Soft structural shoreline stabilization" means shoreline erosion control and restoration practices that contribute to restoration, protection or enhancement of shoreline ecological functions. Soft structural shoreline stabilization typically includes a mix of gravels, cobbles, boulders, logs and native vegetation placed to provide shore stability in a nonlinear, generally sloping arrangement. Linear, vertical faces are an indicator of hard structural shoreline stabilization (see above definition). "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. Solid waste shall not include earth, clay, sand or gravel. "Special flood hazard area" means the land in the floodplain identified by the Federal Emergency Management Agency that is subject to a one-percent or greater chance of flooding in any given year; commonly known as the one-hundred-year floodplain. "Species of local importance" are those species that are of local concern due to their population status or their sensitivity to habitat alteration or that are game species. "Start of construction," for purposes of administering YMC 17.09.020, means the first placement of permanent construction of a structure (other than a manufactured home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. "Permanent construction" does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets or walkways; nor does it include excavation for a basement, 131 footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as a garage, or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a manufactured home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For manufactured homes not within a manufactured home park, "start of construction" means the affixing of the manufactured home to its permanent site. For manufactured homes within manufactured home parks, "start of construction" is the date on which the construction of facilities for servicing the site on which the manufactured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "State master program" is the cumulative total of all shoreline master programs and amendments thereto approved or adopted by rule by Ecology. "Stream" means water contained within a channel, either perennial, intermittent or ephemeral. Streams include natural watercourses modified by man, for example, by stream flow manipulation, channelization, and relocation of the channel. They do not include irrigation ditches, wasteways, drains, outfalls, operational spillways, canals, stormwater runoff facilities, or other artificial watercourses. "Structure" means a permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels. "Substantial development" shall mean any development of which the total cost or fair market value exceeds five thousand dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state. The dollar threshold established in this definition must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2007, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the Bureau of Labor and Statistics, United States Department of Labor. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. See WAC 173-27-040 for a list of developments that are not considered substantial. 132 "Substantial improvement" for purposes of administering YMC 17.09.020 means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the assessed value of the structure either: A. Before the improvement or repair is started; or B. Before the damage occurred to a structure that has been damaged and is being restored. For the purposes of this definition, "substantial improvement" occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The total value of all improvements to an individual structure undertaken subsequent to October 1, 1995, the effective date of this title, shall be used to define "substantial improvement" for said structure. The term does not, however, include either: A. Any project for improvement to a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or B. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. "Substantially degrade" means to cause significant ecological impact. "Unreasonable and disproportionate" means that locations outside of the floodway or CMZ would add more than twenty percent to the total project cost. Other methods to determine unreasonable and disproportionate cost may be used on a case-by-case basis with approval of the shoreline administrator. "Use" means the activity to which land or a building is devoted and for which either land or a building is or may be occupied or maintained. "Variance" is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline. "Vegetative buffer" or "buffer" means an area extending landward from the ordinary high water mark of a lake or stream and/or from the edge of a wetland which is maintained or otherwise allowed to provide, under optimal conditions, adequate soil conditions and native vegetation for the performance of the basic functional properties of a fish and wildlife conservation area, wetland and other hydrologically related critical areas as set forth in YMC 17.09.030(E) (Functional Properties) and YMC 17.09.040(D) (Wetland Functions and Rating). It is understood that optimal conditions do not always exist due to degradation of the vegetative buffer before 133 establishment of this title, or due to colonization by nonnative species. Such conditions still provide functional properties, though at a lower level, depending on the difference from natural conditions. "Vessel" includes ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water. "Water -dependent use" means 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" means 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 foster shoreline enjoyment. "Water -oriented use" means a use that is water -dependent, water -related, or water -enjoyment, or a combination of such uses. "Water quality" means the physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation -related, and biological characteristics. Where used in this chapter, the term "water quantity" refers only to development and uses regulated under this chapter and affecting water quantity, such as impermeable surfaces and storm water handling practices. Water quantity, for purposes of this chapter, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340. "Water -related use" means 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. 134 "Waters of the state" are all lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington. "Weir" means a structure generally built across a stream channel for the purpose of diverting water or trapping sediment or other moving objects transported by water. "Wetland" or "wetlands" means that area inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does 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. However, wetlands may include those artificial wetlands specifically intentionally created from nonwetland areas to mitigate conversion of wetlands. "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. The term "wildlife" includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of development. The term "wildlife" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice). "Wildlife habitat" means areas which, because of climate, soils, vegetation, relationship to water, location and other physical properties, have been identified as of critical importance to maintenance of wildlife species. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.01.100 Shoreline jurisdiction. Pursuant to the authority of RCW 90.58.030(2)(f) and WAC 173-22-040(2)—(3), the jurisdictional limits of the shoreline master program within the city of Yakima for areas that are subject to these regulations, are listed below. The city of Yakima has developed maps to generally depict the extent of shoreline jurisdictional boundaries for all shorelines within the county. These maps are for informational and illustrative purposes only and are not regulatory in nature. Where such maps are not available or do not correspond with physical features on the ground, jurisdictional boundaries shall be controlled by the criteria listed below, Chapter 173-22 WAC, and the Act itself. It is understood when the maps and the actual physical features do not correspond, the physical features will dictate the extent of the jurisdictional boundaries. It is 135 understood that the actual physical features may change. The physical features will dictate the extent of the shoreline jurisdictional boundaries. Shoreline jurisdictional area shall include: A. The following waterbodies in the city and, upon annexation, in the UGA: 1. Yakima River; 2. Naches River; 3. Cowiche Creek; 4. Willow Lake; 5. Lake Aspen; and 6. Rotary Lake. B. Buchanan Lake shall be regulated under this SMP when the Washington Department of Natural Resources Surface Mine Reclamation Permit lapses or is terminated, or when the city receives a permit application for new development on or uses of Buchanan Lake. The original Shoreline Substantial Development and Conditional Use Permit (SH 84-3) issued by Yakima County for Buchanan Lake still governs. C. Subject to subsection H of this section, wherever the "floodway" has been established by a flood insurance study prepared by the Federal Emergency Management Agency (FEMA), shoreline jurisdiction shall be the floodway plus two hundred feet, measured on a horizontal plane, or the one-hundred-year floodplain, whichever is lesser. D. Subject to subsection H of this section, whenever the one-hundred-year floodplain has been identified by a flood insurance study prepared by the Federal Emergency Management Agency but where no "floodway" has been identified, shoreline jurisdiction shall be the one- hundred-year floodplain boundary or two hundred feet, measured in a horizontal plane, from the ordinary high water mark, whichever is greater. E. Whenever there are no detailed floodplain or floodway studies, shoreline jurisdiction shall be two hundred feet, measured on a horizontal plane, from the ordinary high water mark. F. Where a channel migration zone (CMZ) has been identified, and extends beyond the jurisdiction established by subsection C of this section, jurisdiction shall extend to the extent of the CMZ, but not beyond the limits of subsection D of this section. G. Those wetlands and river deltas which are in proximity to and either influence or are influenced by the shorelines. This influence includes, but is not limited to, one or more of the following: periodic inundation, location within a floodplain, or hydraulic continuity. H. Under no circumstances shall shoreline jurisdiction be less than two hundred feet, measured on a horizontal plane, from the ordinary high water mark of the shoreline waterbody, 136 except that those portions of Buchanan Lake within two hundred feet of the Yakima River are excluded from shoreline jurisdiction until Buchanan Lake is regulated as a shoreline waterbody. (Ord. 2015-002 § 1 (Exh. A)(part)). Chapter 17.03 SHORELINE ENVIRONMENT DESIGNATIONS Sections: 17.03.005 Intent of provisions. 17.03.010 Floodway/channel migration zone (CMZ). 17.03.020 Urban conservancy. 17.03.030 High intensity. 17.03.040 Essential public facilities. 17.03.050 Shoreline residential. 17.03.060 Aquatic. 17.03.070 Shoreline use and modification matrix. 17.03.080 Development standards. 17.03.090 Official shoreline maps and unmapped or undesignated shorelines. 17.03.100 Pre -designation. 17.03.005 Intent of provisions. This SMP is intended to meet the requirements in WAC 173-26-211. It states that: Master programs shall contain a system to classify shoreline areas into specific environment designations. This classification system shall be based on the existing use pattern, the biological and physical character of the shoreline, and the goals and aspirations of the community as expressed through comprehensive plans as well as the criteria in this section. Each master program's classification system shall be consistent with that described in WAC 173-26-211(4) and (5) unless the alternative proposed provides equal or better implementation of the act. This SMP is consistent with these requirements, deviating from WAC 173-26-211(4) and (5) with respect only to some environment designation names, or the addition of new environment designations where such provides the city with opportunity to provide further, but complementary, designations consistent with existing land management plans. Each environment designation contains a purpose statement, designation criteria, and management policies components. (Ord. 2015-002 § 1 (Exh. A)(part)). 137 17.03.010 Floodway/channel migration zone (CMZ). A. Purpose. The "floodway/CMZ" environment is intended to protect the water areas, islands, associated overflow channels, and channel migration areas. This environment provides for the movement of the river within its floodplain, and emphasizes preservation of the natural hydraulic, geologic and biological functions of the city's shorelines that are constrained by biophysical limitations. B. Designation Criteria. The floodway/CMZ designation is assigned to shoreline areas that are within a mapped channel migration zone and/or within a designated FEMA floodway. The extent of the floodway/CMZ designation should never extend beyond the limitations of the shoreline CMZ found in WAC 173-26-221(3)(b). Areas separated from the active river channel by existing legal artificial channel constraints should not be considered as part of the CMZ. In addition, areas that are separated from the active channel by legally existing artificial structure(s) including transportation facilities, built above or constructed to remain intact through the one hundred -year flood, should also not be considered part of the CMZ. C. Management Policies. 1. Commercial, industrial, mining, nonwater-oriented recreation, roads, utilities, parking areas, and residences should generally not be located in the floodway/CMZ environment. Other uses (recreation, resource, etc.) should be carefully limited to protect shoreline functions. 2. Activities that may degrade the value of the floodway/CMZ environment should be limited, and development in hazardous areas should be restricted. 3. Modifications that harden or fix stream banks and channels should be discouraged. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.03.020 Urban conservancy. A. Purpose. The "urban conservancy" environment is intended to protect and restore ecological functions of open space, floodplain and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses. B. Designation Criteria. Specific criteria for designation of the urban conservancy environment include areas or properties that: 1. Lie in the city limits and urban growth areas; 2. Are planned for development that is compatible with the principles of maintaining or restoring the ecological functions of the area; 3. Are suitable for water -enjoyment uses; 4. Are open space or floodplains; or 138 5. Are areas that retain important ecological functions which should not be more intensively developed. C. Management Policies. 1. Allowed uses for the urban conservancy environment generally include uses which preserve the natural character of the area, and promote the preservation of open space, floodplains or sensitive lands. 2. Uses allowed under this designation should focus on recreation. 3. Commercial, industrial and residential uses should be limited, and when allowed, result in restoration of ecological functions. 4. Public access and recreation objectives should be implemented whenever feasible and significant ecological impacts can be mitigated. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.03.030 High intensity A. Purpose. The purpose of the "high intensity" environment is to provide for high intensity water-oriented commercial, transportation, and industrial uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded. B. Designation Criteria. Specific criteria for designation of the high intensity environment include areas or properties that: 1. Presently support high intensity land uses including commercial, industrial, urban recreational, transportation, or high intensity water-oriented uses. 2. Are planned to accommodate urban expansion of uses listed in subsection (B)(1) of this section. C. Management Policies. 1. Water-oriented commercial, industrial, and recreation uses should be given high priority in the high intensity environment. First priority should be given to water-dependent uses. Second priority should be given to water-related and water-enjoyment uses. Nonwater-oriented uses should not be allowed except as part of mixed-use developments. Nonwater-oriented uses may also be allowed in limited situations where they do not conflict with or limit opportunities for water-oriented uses or on sites where there is no direct access to the shoreline. Public benefits such as ecological restoration or public access may be required in association with nonwater-oriented development. 2. When considering shoreline environment designation amendment proposals, full utilization of existing high intensity areas should be achieved before further expansion of intensive development is allowed. 139 3. New development in the high intensity designation should assure no net loss of shoreline ecological functions. Where applicable, new development should include environmental cleanup and restoration of the shoreline to comply with any relevant state and federal law. 4. Where feasible, visual and physical public access should be required as part of development in the high intensity designation unless it already exists to serve the development or other safety, security, or fragile environmental conditions apply. 5. Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative separation. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.03.040 Essential public facilities. A. Purpose. The "essential public facilities" environment is intended to support planning and maintenance of existing essential public facilities. B. Designation Criteria. The essential public facilities designation is assigned to lands containing those facilities that are typically difficult to site or relocate, such as state or regional transportation facilities and wastewater handling facilities. C. Management Policies. 1. Essential public facilities and their accessory or supporting uses are allowed in the essential public facilities environment. 2. Allowed new development in the essential public facilities designation should assure no net loss of shoreline ecological functions. 3. Where applicable, new and expanded development should include environmental cleanup and restoration of the shoreline to comply with any relevant state and federal law. 4. Expansion and improvement of existing facilities should be allowed, with mitigation sequencing applied to avoid and then minimize adverse impacts to the extent consistent with the specific facility and public needs, with mitigation required for any remaining adverse impacts. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.03.050 Shoreline residential. A. Purpose. The purpose of the "shoreline residential" environment is to accommodate residential development and appurtenant structures that are consistent with the SMP. An additional purpose is to provide appropriate public access and recreational uses. B. Designation Criteria. Assign a shoreline residential environment designation to areas that are predominantly single-family or multifamily residential development or are planned and platted for residential development. 140 C. Management Policies. 1. Development standards addressing the development envelope, water quality, and vegetation should assure no net loss of shoreline ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations. 2. Multifamily and multi -lot residential and recreational developments should provide public access and joint use for community recreational facilities. 3. Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development. 4. Commercial development should be limited to water -oriented uses and allowed only when the underlying zoning permits such uses. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.03.060 Aquatic. A. Purpose. The purpose of the "aquatic" environment is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high-water mark of shoreline lakes. B. Designation Criteria. The aquatic designation applies to lands and waters waterward of the ordinary high water mark of shoreline lakes. C. Management Policies. 1. Allow new over -water structures only for water -dependent uses, public access, or ecological restoration. The size of new over -water structures should be limited to the minimum necessary to support the structure's intended use. 2. In order to reduce the impacts of shoreline development and increase effective use of water resources, multiple use of over -water facilities should be encouraged. 3. Uses that could adversely impact the ecological functions of critical freshwater habitats should not be allowed except where necessary to achieve the objectives of the Shoreline Management Act, and then only when their impacts are mitigated according to mitigation sequencing as necessary to assure no net loss of ecological functions. 4. Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. 5. When considering development or activities in the aquatic environment, the city should favor development and activities associated with preferred uses of the Shoreline Management Act and apply development standards that consider water quality, navigation, presence of aquatic vegetation, existing critical habitats, aesthetics, public access, and views. (Ord. 2015-002 § 1 (Exh. A)(part)). 141 17.03.070 Shoreline use and modification matrix. Table 03.070-1 lists the uses and activities for each shoreline environment designation that are allowed by substantial development permit and/or conditional use permit, or are prohibited. Such uses shall be processed in accordance with Chapter 17.13 YMC (Administration and Enforcement). This table does not change those situations of when this title does not apply to a development (YMC 17.01.020, Applicability), or when a use or activity listed as needing a shoreline substantial development permit may qualify for an exemption instead (YMC 17.13.050, Exemptions from shoreline substantial development permits). Definitions for some uses are provided in YMC 17.01.090. The provisions in Table 03.070-1 apply to specific common uses and types of development only to the extent they occur within shoreline jurisdiction. 142 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Agriculture Agricultural Activities S X S S S N/A Agricultural Market, Agricultural Stand S X X S X N/A Winery and Brewery S X X S X N/A Agriculture -Industrial Agricultural Chemical Sales/Storage S X X X X N/A Agricultural Related Industries and Storage S X X C X N/A 143 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Concentrated Feeding Operation X X X X X N/A Aquaculture Rearing Commercial X X X X X X Noncommercial S S X C C S Processing X X X X X X Packing and Storage See Industry/Manufacturing/Storage Boating and Private Moorage Facilities Boat Launches 144 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Private S X C X X See upland designation Public/Community/Commercial S S S S S S Pier/Dock Single -Family Residence Facility to Access Watercraft N/A X S X X S Water -Dependent Commercial, Industrial, Aquaculture, Recreational, or Community Residential Use; or Public Access S X S X X S Commercial and Service Development 145 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Retail, Trade, and Service Water -Oriented S X X S X C Nonwater-oriented General C X X C X X General + Public Benefit' S X X C X X Separated from Shoreline S X X S X X Mixed-use4 project that includes a Water - Dependent Commercial, Industrial, Aquaculture, or Recreational Use S X X S X C 146 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Outdoor manufacturing, processing and storage S X X X X X Community Services and Institutional Uses Water -Oriented S S X S X C Nonwater-Oriented General C C X C X X Separated from Shoreline S S X S X N/A Mixed-use4 Project that Includes a Water- Dependent Commercial, S S X S X C 147 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Industrial, Aquaculture, or Recreational Use Health and Social Service Facility S S X X X X Mixed -Use Buildings S X X X X X Dredging and Dredge Material Disposal Dredging for Water -Dependent Use and Public Access N/A C N/A N/A C C Dredging for Existing Navigation Uses N/A X N/A N/A X C Dredging for Habitat Restoration N/A S N/A N/A S S 148 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Dredging, Other N/A X N/A N/A X X Disposal of Dredged Material, General S S X X X X Disposal of Dredged Material, General + Part of Restoration Plan S S X C C X Dredging Maintenance Plan N/A S N/A N/A S S Fill Waterward of the OHWM, General N/A C N/A N/A C C Waterward of the OHWM, General + Part of Restoration Plan N/A S N/A N/A S S Upland of the OHWM, General S S S S C N/A 149 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Upland of the OHWM, Part of Restoration Plan S S S S S N/A Flood Hazard Reduction Measures Modification of Existing Flood Hazard Facilities (including relocation farther landward) S S S S S N/A New Facilities C C C C C N/A Forest Practices Forest Practices N/A N/A N/A N/A N/A N/A Industry/Manufacturing/Storage Water -Oriented S X X C X C 150 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Nonwater-Oriented General C X X X X X General + Part of Restoration Plan, Provides Other Public Benefit', or Located in Degraded Area2 S X X X X X Outdoor Manufacturing, Processing and Storage X X X X X X Separated from Shoreline S X X C X N/A Mixed-Use4 Project that includes a Water -Dependent Commercial, Industrial, S X X C X C 151 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Aquaculture, or Recreational Use In -Water Structures To Protect Public Facilities C C C C C C To Protect or Restore Ecological Functions S S S S S S To Monitor Flows, Water Quality, or Other Habitat Characteristics S S S S S S Other C C C X X C Mining Surface Mining C X X X X X 152 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Underground Mining X X X X X X Mining for Habitat Restoration S S S S C S Recreational Development Water -Oriented High -Intensity, General S S S C C C High Intensity, General + Part of Restoration Plan or Located in Degraded Area2 S S S S S S Moderate -Intensity, General S S S S C C 153 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Moderate-Intensity, General + Part of Restoration Plan or Located in Degraded Area2 S S S S S S Low-Intensity S S S S S S Trails S S S S S S Recreation Maintenance Plan S S S S S S Nonwater-Oriented General C X X C X X Sites Separated from Shoreline S X S S C N/A Indoor See Commercial and Service Development 154 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Residential Development Single -Family Dwelling S X S S X N/A Accessory Dwelling Unit S X S S X N/A Duplex S X C C X N/A Multifamily Dwelling S X X X X N/A Manufactured Home Park or Subdivision3 C X X X X N/A Houseboats and Over -Water Residential Uses N/A X N/A N/A X X Residential Maintenance Plan S N/A S N/A N/A S Shoreline Habitat and Natural Systems Enhancement Projects 155 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Shoreline Habitat and Natural Systems Enhancement Projects S S S S S S Shoreline Stabilization Hard Stabilization C C C C C C Soft Stabilization S S S C C S Repair and Replacement S S S S S S Signs On -Premises for Authorized Use S S S S S S Off -Premises S S X X X X Informational (directional, landmark, trail marker, etc.) S S S S S S 156 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Transportation and Parking New Access Roads Serving Permitted Uses S S S S C N/A Expanded Access Roads Serving Permitted Uses S S S S S N/A New Highways, Freeways, Arterials and Collectors S S C C C C Expanded Highways, Freeways, Arterials and Collectors S S S S S S New Bridges S S C C C C Expanded Bridges S S S S S S 157 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Transportation Maintenance Plan S S S S S N/A Transportation Maintenance Facilities C S X C X X New Railways S S C C C C Expanded Railways S S S S S S Parking for Authorized Use Reviewed as part of authorized use. Park and Ride Lots and Similar Stand Alone Parking C S X X X X Utilities Utility Services Accessory to Individual Shoreline Projects Reviewed as part of authorized use. 158 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Utility Services to Projects outside Shoreline Jurisdiction S S S S C C New Power Generating Facilities C C X C X C Expanded Power Generating Facilities S S X C X C Utility Transmission Lines S S C C C C New Utility Services, General C C C C C C Expanded Utility Services, General S S S S C C Utility Maintenance Plan S S S S S S Wastewater Treatment Facility C S X C C X 159 Table 03.070-1. Shoreline Use and Modification Matrix Shoreline Use or Modification High Intensity Essential Public Facilities Shoreline Residential Urban Conservancy Floodway/Channel Migration Zone (CMZ) Aquatic - Lakes Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable Wastewater Treatment Facility+ Part of Restoration Plan or Located in Degraded Area2 S S X S S X 160 1 Public benefit = public access for substantial numbers of persons or shoreline ecological restoration. 2 Degraded area = improved rights-of-way, levees, previously legally degraded land, or existing impervious area. 3 Construction of a manufactured home on an existing lot is permitted as a "single-family dwelling." 4 In this context, "mixed-use" means a shoreline development that includes and supports a water -dependent use. 5 "Mixed-use building" means a building in a commercial district or planned development used partly for residential use and partly for a community facility or commercial use. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.03.080 Development standards. A. There shall be a thirty -five-foot maximum building height for all structures, except that utility towers and poles, water treatment towers, wastewater treatment facilities and bridges are not required to meet this standard. To exceed thirty-five feet, an applicant must apply for a shoreline variance, and comply with the following criteria in addition to standard shoreline variance criteria: 1. Demonstrate overriding considerations of the public interest will be served. 2. Demonstrate that the proposal will not obstruct the view of a substantial number of residences on areas adjoining such shorelines or impair views from public lands or impair scenic vistas to the Yakima Greenway or Naches River or associated lakes. B. Minimum shoreline lot frontage shall be consistent with underlying zoning and be no less in width than the following by shoreline environment: 1. High intensity, essential public facilities: thirty-five feet. 2. Shoreline residential: fifty feet. 3. Urban conservancy, floodway/CMZ: sixty feet. C. Shoreline buffers: See YMC 17.09.030. D. Minimum structure setback from side property lines in shoreline jurisdiction shall be consistent with the underlying zoning and no less than five feet. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.03.090 Official shoreline maps and unmapped or undesignated shorelines. A. The shoreline jurisdiction and environment designations established by this title are shown on the official Shoreline Jurisdiction and Environment Designations Map for the Yakima urban growth area. The official Shoreline Jurisdiction and Environment Designations Map, together 161 with all the explanatory material thereon, is adopted by reference and declared to be a part of this SMP. The electronic files of the official map will be considered the official version and may be updated administratively or through an SMP amendment as indicated in subsections B, C and D of this section. The Department of Ecology will be provided with electronic files of the official map when any updates are made. Minor mapping errors corrected administratively shall not be greater than one acre in size. If greater than one acre in size, a SMP amendment shall be completed within three years of finding the mapping error. B. Any areas within shoreline jurisdiction that are not mapped and/or designated due to minor mapping inaccuracies in the lateral extent of shoreline jurisdiction from the shoreline waterbody related to site-specific surveys of ordinary high water mark, floodway, channel migration zones, and/or floodplain are automatically assigned the category of the contiguous waterward shoreline environment designation. Where the mapping inaccuracy results in inclusion of an unmapped associated wetland, that wetland shall be assigned an urban conservancy environment designation. Correction of these minor mapping inaccuracies may be made and incorporated into the official Shoreline Jurisdiction and Environment Designations Map without an SMP amendment. C. All other areas of shoreline jurisdiction that were neither mapped as jurisdiction nor assigned an environment designation shall be assigned an urban conservancy designation until the shoreline can be redesignated through an SMP amendment process conducted consistent with WAC 173-26-100 and YMC 17.13.140. D. The actual location of the OHWM, floodplain, floodway, and wetland boundaries must be determined at the time a development is proposed. Wetland boundary and ordinary high water mark determinations are valid for five years from the date they are assessed and flagged in the field. After five years have elapsed, the city shall determine whether a revision or additional assessment is necessary. Floodplain and floodway boundaries should be assessed using FEMA maps or the most current, accurate, and complete scientific and technical information available. E. In addition, any property shown in shoreline jurisdiction that does not meet the criteria for shoreline jurisdiction shall not be subject to the requirements of this SMP. Revisions to the official Shoreline Jurisdiction and Environment Designations Map may be made as outlined in subsection B of this section without an SMP amendment. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.03.100 Pre-designation. The city of Yakima has adopted shoreline environment pre-designations for shorelines located outside of city limits but within the city's urban growth area. In the event of annexation of a 162 shoreline, the affected area shall be subject to the Yakima shoreline master program upon the effective date of the annexation. The city has also adopted shoreline environment pre-designations for Buchanan Lake and its future associated shorelands. In the event that the Washington Department of Natural Resources Surface Mine Reclamation Permit lapses or is terminated, or when the city receives a permit application for new development on or uses of Buchanan Lake, Buchanan Lake shall be considered a shoreline waterbody and will be subject to this SMP. (Ord. 2015-002 § 1 (Exh. A)(part)). Chapter 17.05 GENERAL REGULATIONS Sections: 17.05.010 Archaeological and historic resources. 17.05.020 Environmental protection. 17.05.030 Shoreline vegetation conservation. 17.05.040 Water quality, stormwater, and nonpoint pollution. 17.05.050 Public access. 17.05.060 Flood hazard reduction. 17.05.010 Archaeological and historic resources. A. The city shall require that permits issued in areas documented to contain archaeological resources or located within an area classified as "high risk and/or very high risk" for archaeological resources based on the Washington State Department of Archaeology and Historic Preservation (DAHP) predictive model require a site inspection or evaluation by a professional archaeologist. Auger tests may be required before construction and representatives of DAHP and Yakama Nation may be invited to observe any tests and construction work, and will be provided the results of such tests. If auger or historical data indicate probable presence of cultural resources which may be disturbed by excavation, the city shall meet the shoreline permit applicant and may impose conditions on any shoreline permit to assure that such resources are protected, preserved or collected. B. Developers and property owners shall immediately stop work and notify the city, DAHP, and the Yakama Nation if archaeological resources are uncovered during excavation. Following such notification, the city may follow the provisions of subsection C of this section. C. Where a professional archaeologist or historian, recognized by the state of Washington, has identified an area or site as having significant value, or where an area or site is listed in national, state or local historical registers, or where the DAHP predictive model identifies the 163 area as having "high risk and/or very high risk" for archaeological resources, the city shall require an evaluation of the resource, and appropriate conditions, which may include preservation and/or retrieval of data, proposal modifications to reduce impacts, or other mitigation authorized through the State Environmental Policy Act, or other local, state, or federal laws. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.05.020 Environmental protection. A. Ecological Functions. Uses and developments on city of Yakima shorelines must be designed, located, sized, constructed and maintained to achieve no net loss of shoreline ecological functions necessary to sustain shoreline natural resources. Uses and developments must not have an unmitigated significant adverse impact on other shoreline functions fostered by this SMP. B. Protection of Critical Areas and Critical Areas Buffers. Critical areas, critical area buffers, and shoreline buffers must be protected in accordance with the provisions of Chapter 17.09 YMC, Critical Areas in Shoreline Jurisdiction. C. Mitigation Requirement. If a proposed shoreline development, use or modification is entirely addressed by specific, objective standards (such as setback distances, pier dimensions, or materials requirements) contained in this SMP, only then is a mitigation sequencing analysis described in subsection D of this section not required. In the following circumstances, the applicant must provide the mitigation sequencing analysis described in subsection D of this section: 1. If a proposed shoreline use or modification is addressed in any part by discretionary standards (such as standards requiring a particular action if feasible or requiring the minimization of development size) contained in this chapter, then the mitigation sequencing analysis is required for the discretionary standard(s); or 2. When an action requires a shoreline conditional use permit or shoreline variance permit; or 3. When specifically required by regulations contained in this chapter and Chapters 17.07 and 17.09 YMC. D. Mitigation Sequence. In order to ensure that development activities contribute to meeting the no net loss of ecological functions provisions by avoiding, minimizing, and mitigating for adverse impacts to ecological functions or ecosystem -wide processes, an applicant required to complete a mitigation analysis pursuant to subsection C of this section must describe how the proposal will follow the sequence of mitigation as defined below: 1. Avoid the impact altogether by not taking a certain action or parts of an action; 164 2. Minimize the impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 3. Rectify the impact by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project or activity; 4. Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action; 5. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments; and 6. Monitor the impact and the compensation projects and take appropriate corrective measures. E. Mitigation Plan. All proposed alterations to shoreline jurisdiction that will have adverse effects on ecological functions require mitigation sufficient to provide for and maintain the functions and values of the shoreline area or to prevent risk from a critical areas hazard. The applicant must develop and implement a mitigation plan prepared by a qualified professional. Mitigation in excess of that necessary to ensure that development will result in no net loss of ecological functions will not be required by the city of Yakima, but may be voluntarily performed by an applicant. In addition to any requirements found in Chapter 17.09 YMC, Critical Areas in Shoreline Jurisdiction, a mitigation plan must include: 1. An inventory and assessment of the existing shoreline environment including relevant physical, chemical and biological elements; 2. A discussion of any federal, state, or local management recommendations which have been developed for critical areas or other species or habitats located on the site; 3. A discussion of proposed measures which mitigate the adverse impacts of the project to ensure no net loss of shoreline ecological functions; 4. A discussion of proposed management practices which will protect fish and wildlife habitat both during construction and after the project site has been fully developed; 5. Scaled drawings of existing and proposed conditions, materials specifications, and a minimum three-year maintenance and monitoring plan, including performance standards; 6. A contingency plan if mitigation fails to meet established success criteria; and 7. Any additional information necessary to determine the adverse impacts of a proposal and mitigation of the impacts. 165 F. Alternative Mitigation. To provide for flexibility in the administration of the ecological protection provisions of this SMP, alternative mitigation approaches may be approved within shoreline jurisdiction where such approaches provide increased protection of shoreline ecological functions and processes over the standard provisions of this SMP and are scientifically supported. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.05.030 Shoreline vegetation conservation. A. Vegetation conservation standards do not apply retroactively to existing uses and developments. Vegetation associated with existing structures, uses and developments may be maintained within shoreline jurisdiction as stipulated in the approval documents for the development. B. Vegetation within shoreline buffers, other stream buffers, wetlands and wetland buffers, WDFW-mapped priority habitats and species areas, and other critical areas must be managed consistent with Chapter 17.09 YMC, Critical Areas in Shoreline Jurisdiction. Regulations specifying establishment and management of shoreline buffers (buffers associated with Type 1 streams and shoreline lakes) are located in YMC 17.09.030, Fish and wildlife habitat and the stream corridor system. C. Other vegetation within shoreline jurisdiction, but outside of shoreline buffers, other stream buffers, wetlands and wetland buffers, and other WDFW-mapped priority habitats and species areas must be managed according to YMC 17.05.020, Environmental protection, and any other regulations specific to vegetation management contained in this SMP and city of Yakima Code. D. Vegetation clearing must be limited to the minimum necessary to accommodate approved shoreline development that is consistent with all other provisions of this SMP and city of Yakima Code. Mitigation sequencing per YMC 17.05.020(D) must be applied unless specifically excluded by this SMP, so that the design and location of the structure or development minimizes native vegetation removal. The city may approve modifications or require minor site plan alterations to achieve maximum tree retention. E. Where vegetation removal conducted consistent with this section results in adverse impacts to shoreline ecological function, new developments or site alterations are required to develop and implement a supplemental mitigation plan. Adverse impacts are assumed to result from: 1. Removal of native trees and shrubs; 2. Removal of nonnative trees or shrubs that overhang aquatic areas or stabilize slopes; or 166 3. Removal of native or nonnative trees or shrubs that disrupts an existing vegetation corridor connecting the property to other critical areas or buffers. Mitigation plans must be prepared by a qualified professional and must contain information required in YMC 17.05.020(E). Mitigation measures must be maintained over the life of the use or development, and must include compensation for temporal loss of function and the restoration of specific functions adversely impacted by the vegetation removal. Removal of invasive species does not require mitigation, but the removal site must be managed as outlined in subsection I of this section to avoid and minimize potential adverse impacts. F. Shoreline vegetation may be removed to accommodate a temporary staging area when necessary to implement an allowed use or modification, but mitigation sequencing must be utilized and the area must be immediately stabilized and restored with native vegetation once its use as a staging area is complete. G. Where a tree poses a safety hazard, it may be removed or converted to a wildlife snag if the hazard cannot be eliminated by pruning, crown thinning, or other technique that maintains some habitat function. If a safety hazard cannot be easily determined by the city, a written report by a certified arborist or other qualified professional is required to evaluate potential safety hazards. H. Selective pruning of trees for views is allowed. Selective pruning of trees for views does not include removal of understory vegetation, and must not compromise the health of the tree. I. Hand removal or spot-spraying of invasive species or noxious weeds on shorelands outside of steep or unstable slope areas is encouraged. Where noxious weeds and invasive species removal results in bare soils that may be subject to erosion or recolonization by invasive species, the area must be stabilized using best management practices and replanted with native plants. J. Aquatic weed control may only be permitted where the presence of aquatic weeds will adversely affect native plant communities, fish and wildlife habitats, or an existing water- dependent recreational use. Aquatic weed control efforts must comply with all applicable laws and standards. Removal using mechanical methods is preferred over chemical methods. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.05.040 Water quality, stormwater, and nonpoint pollution. A. Do Not Degrade Ecological Functions. Design, construction and operation of shoreline uses and developments shall incorporate measures to protect and maintain surface and groundwater quantity and quality in accordance with all applicable laws, so that there is no net loss of ecological functions. 167 B. Do Not Degrade Views and Recreation Opportunities. Design, construction and operation of shoreline uses and developments shall incorporate measures to protect and maintain surface and groundwater quantity and quality in accordance with all applicable laws, so that significant impacts to aesthetic qualities or recreational opportunities do not occur. A significant impact to aesthetics or recreation would occur if a stormwater facility and appurtenant structures such as fences or other features have the potential to block or impair a view of shoreline waters from public land or from a substantial number of residences per RCW 90.58.320, or if water quality were visibly degraded such that the color and character were unattractive and discouraged normal uses such as swimming, fishing, boating, or viewing. C. Requirements for New Development. 1. New development and redevelopment shall manage short-term and long-term stormwater runoff to avoid and minimize potential adverse effects on shoreline ecological functions through compliance with the latest edition of the Stormwater Management Manual for Eastern Washington or approved local equivalent if applicable to the project. If certain thresholds are not met by a development that trigger compliance with the Stormwater Management Manual or approved local equivalent, best management practices (BMPs) must still be employed to avoid and minimize potential adverse effects. 2. When the Stormwater Management Manual applies, deviations from the standards may be approved where it can be demonstrated that off-site facilities would provide better treatment, or where common retention, detention and/or water quality facilities meeting such standards have been approved as part of a comprehensive stormwater management plan. D. Chemical Applications. Pesticides, herbicides, and fertilizers should be applied in a manner which minimizes direct or indirect entrance into nearby waters. Application of pesticides intended to abate mosquitoes or similar water -related infestations should be administered in accordance with Environmental Protection Agency standards. E. Sewage Management. To avoid water quality degradation, sewer service is subject to the requirements outlined below. 1. Any existing septic system or other on-site system that fails or malfunctions will be required to connect to an existing municipal sewer service system if feasible, or make system corrections approved by Yakima public health. 168 2. Any new development, business, single -family or multifamily unit will be required to connect to an existing municipal sewer service system if feasible, or install an on-site septic system approved by Yakima public health. F. Materials Requirements. All materials that may come in contact with water shall be untreated or approved treated wood, concrete, approved plastic composites or steel that will not adversely affect water quality or aquatic plants or animals. G. Low Impact Development (LID). Use of the most current version of the Yakima Region Low Impact Development (LID) Stormwater Design Manual throughout the various stages of development, including site assessment, planning and design, site preparation, construction, and ongoing management, is encouraged. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.05.050 Public access. A. Shoreline development shall not interfere with public access and enjoyment of any nearby publicly owned land areas. B. The city shall not vacate any road, street, or alley abutting a body of water except as provided under RCW 35.79.035. C. Efforts to implement the public access provisions of this section shall be consistent with all relevant constitutional and other legal limitations on regulation of private property and the principles of nexus and proportionality. Public access requirements on privately owned lands should be commensurate with the scale and character of the development and should be compatibly designed to meet needs of affected parties including, but not limited to, the landowner and the public. D. Applications that access or are part of properties owned by Yakima County shall submit documentation of county approval prior to submittal to the city. E. Public access does not include the right to enter upon or cross private property, except on dedicated public rights-of-way or easements or where development is specifically designed to accommodate public access. F. Except as provided in subsection G of this section, shoreline substantial developments and shoreline conditional uses shall provide for safe and convenient public access to and along the shoreline where any of the following conditions are present: 1. The development is proposed by a public entity or on public lands, or is a publicly financed erosion control measure; 2. The nature of the proposed use, activity or development will likely generate a public demand for one or more forms of physical or visual access to the shoreline; 169 3. The proposed use, activity or development is not a water-oriented or other preferred shoreline use, activity or development under the Act, such as a nonwater-oriented commercial or industrial use; or 4. The proposed use, activity or development will interfere with the public use, activity and enjoyment of shoreline areas or waterbodies subject to the public trust doctrine (see definition, YMC 17.01.090). G. An applicant shall not be required to provide public access where the city determines that one or more of the following conditions apply: 1. Reasonable, safe and convenient public access to the shoreline is accessible within one-quarter mile (one thousand three hundred twenty feet) of the site, or the city's adopted parks and recreation plans do not indicate a need for a trail or access at the property; 2. The site is within or part of an overall development which has previously provided public access through other application processes; 3. The economic cost of providing for public access upon the site is unreasonably disproportionate to the total long-term economic value of the proposed use, activity or development; 4. The proposed use, activity or development only involves the construction of four or fewer single -family or multifamily dwellings; 5. The proposed use, activity or development only involves agricultural activities; 6. The proposal consists of a new or expanded road or utility crossing through shoreline jurisdiction serving development located outside of shoreline jurisdiction; 7. The nature of the use, activity or development or the characteristics of the site make public access requirements inappropriate due to health, safety or environmental hazards based on evidence provided in the proposed application; 8. The proposed use, activity or development has security requirements that are not feasible to address through the application of alternative design features or other measures; 9. Significant and unmitigable harm to the shoreline environment would be likely to result from an increase, expansion or extension of public access upon the site; 10. Public access is deemed detrimental to threatened and/or endangered species under the Endangered Species Act. H. Public Access Standards. When public access is provided, the following standards shall apply. 170 1. Physical public access is preferred to solely visual access. Where physical public access is not feasible, the applicant shall incorporate visual public access. Visual public access may consist of view corridors, viewpoints, or other means of visual approach to public waters. Physical public access may consist of a dedication of land or easement and a physical improvement in the form of a trail, park, or other area serving as a means of physical approach to public waters. 2. Physical public access shall be designed to connect to existing or future public access features on adjacent or abutting properties, or shall connect to existing public rights-of-way or access easements, consistent with design and safety standards. 3. Public access proposals shall be designed consistent with parks and recreation standards or plans contained in applicable city, county, state, or federal codes or approved plans. I. Shared community access may be allowed if there is no existing or planned public access along the shoreline as determined by a review of adopted parks and recreation plans. Where provided, community access is subject to all applicable development standards of this section. J. Off-site public access, either physical or visual, may be permitted by the city where it results in an equal or greater public benefit than on-site public access, or when on-site limitations of security, environment, or feasibility are present. Off-site public access is preferred where it implements adopted city, county, or Yakima Greenway parks and recreation plans. Off-site public access may include, but is not limited to, enhancing a nearby public property (e.g., existing public recreation site; existing public access; road, street or alley abutting a body of water; or similar) in accordance with city standards; providing, improving or enhancing public access on another property under the control of the applicant/proponent; or another equivalent measure. K. The city may condition public access proposals to ensure compatibility with existing public access or transportation facilities, address environmental conditions or environmental impacts, and/or address compatibility with adjacent properties. Public access facilities shall be made compatible with adjacent private properties through the use of techniques to define the separation between public and private space. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.05.060 Flood hazard reduction. A. Development in floodplains shall avoid significantly or cumulatively increasing flood hazards. Development shall be consistent with this SMP, including YMC 17.09.020, as well as applicable guidelines of the Federal Emergency Management Agency and an approved comprehensive flood hazard management plan. 171 B. The channel migration zone (CMZ) is considered to be that area of a stream channel which may erode as a result of normal and naturally occurring processes and has been mapped consistent with WAC guidelines. C. The following uses and activities may be authorized within the CMZ or floodway: 1. New development or redevelopment on or landward of existing legal structures, such as levees, that prevent active channel movement and flooding. 2. Development of new or expansion or redevelopment of existing bridges, public stormwater facilities and outfalls, and other public utility and transportation structures, including trails, where no other feasible (see definition in YMC 17.01.090) alternative exists or the alternative would result in unreasonable and disproportionate costs (see definition in YMC 17.01.090). The evaluation of cost differences between options within the CMZ or floodway and outside of the CMZ or floodway shall include the cost of design, permitting, construction and long-term maintenance or repair. Where such structures are allowed, mitigation shall address adversely impacted functions and processes in the affected shoreline. 3. Development of new or expansion or redevelopment of existing utility lines where no other feasible alternative exists or the alternative would result in unreasonable and disproportionate costs. The evaluation of cost differences between options within the CMZ or floodway and outside of the CMZ or floodway shall include the cost of design, permitting, construction and long-term maintenance or repair. Where such structures are allowed, mitigation shall address adversely impacted functions and processes in the affected shoreline. When the primary purpose of a utility transmission line is to transfer bulk products or energy through a floodway en route to another destination, as opposed to serving customers within a floodway, such transmission lines shall conform to the following: a. All utility transmission lines shall cross floodways by the most direct route feasible as opposed to paralleling floodways; b. Electric transmission lines shall span the floodway with support towers located in floodway fringe areas or beyond. Where floodway areas cannot be spanned due to excessive width, support towers shall be located to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed; c. Buried utility transmission lines transporting hazardous and nonhazardous materials, including but not limited to crude and refined petroleum products and 172 natural gas, shall be buried a minimum of four feet below the maximum established scour of the waterway, as calculated on the basis of hydrologic analyses. Such burial depth shall be maintained horizontally within the hydraulic floodway to the maximum extent of potential channel migration as determined by hydrologic analyses. In the event potential channel migration extends beyond the hydraulic floodway, conditions imposed upon floodway fringe and special flood hazard areas shall also govern placement. All hydrologic analyses are subject to acceptance by the city of Yakima, which shall assume the conditions of a one -hundred -year frequency flood as verified by the U.S. Army Corps of Engineers, and shall include on-site investigations and consideration of historical meander characteristics in addition to other pertinent facts and data. The use of riprap as a meander containment mechanism within the hydraulic floodway shall be consistent with this title; d. Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features; and e. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of nonhazardous materials where an existing or new bridge or other structure is available and capable of supporting the line. When located on existing or new bridges or other structures with elevations below the one -hundred -year flood level, the transmission line shall be placed on the downstream side and protected from flood debris. In such instances, site-specific conditions and flood damage potential shall dictate placement, design and protection throughout the floodway. Applicants must demonstrate that such aboveground lines will have no appreciable effect upon flood depth, velocity or passage, and shall be adequately protected from flood damage. If the transmission line is to be buried except at the waterway crossing, burial specifications shall be determined as in this subsection (C)(3). 4. New or redeveloped measures to reduce shoreline erosion; provided, that it is demonstrated that the erosion rate exceeds that which would normally occur in a natural condition, that the measures do not interfere with fluvial hydrological and geomorphological processes normally acting in natural conditions, and that the measures include appropriate mitigation of adverse impacts on ecological functions associated with the river or stream. 173 5. Actions that protect or restore the ecosystem-wide processes or ecological functions or development with a primary purpose of protecting or restoring ecological functions and ecosystem-wide processes. 6. Water-dependent installations which by their very nature must be in the floodway. In all instances of locating utilities and other installations in floodway locations, project design must incorporate floodproofing (examples of water-dependent installations are: docks and boat launches; dams for domestic/industrial water supply; wastewater treatment and collection systems; flood control and/or hydroelectric production; water diversion structures and facilities for water supply; irrigation and/or fisheries enhancement; floodwater and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; and nonstructural uses and practices; provided, that the applicant shall provide evidence that a floodway location is necessary in view of the objectives of the proposal, and provided further that the proposal is consistent with other provisions of this chapter and title). 7. Modifications or additions to an existing nonagricultural legal use; provided, that channel migration is not further limited and that the modified or expanded development includes appropriate protection of ecological functions. 8. Repair and maintenance of existing legally established use and developments; provided, that channel migration is not further limited, flood hazards to other uses are not increased, and significant adverse ecological impacts are avoided. 9. Existing and ongoing agricultural activities; provided, that no new restrictions to channel movement are proposed. D. Existing structural flood hazard reduction measures, such as levees, may be repaired and maintained as necessary to protect legal uses on the landward side of such structures. Increases in height of an existing levee, with any associated increase in width, that may be needed to prevent a reduction in the authorized level of protection of existing legal structures and uses shall be considered an element of repair and maintenance. E. Flood hazard reduction measures shall not result in channelization of normal stream flows, interfere with natural hydraulic processes such as channel migration, or undermine existing structures or downstream banks. F. New development in shoreline jurisdiction, including the subdivision of land, shall not be permitted if it is reasonably foreseeable that the development or use would require structural flood hazard reduction measures within the channel migration zone or floodway. 174 G. New public and private structural flood hazard reduction measures: 1. Shall be approved when a scientific and engineering analysis demonstrates the following: a. That they are necessary to protect existing development; b. That nonstructural measures, such as setbacks, land use controls, wetland restoration, dike removal, use or structure removal or relocation, biotechnical measures, and stormwater management programs are not feasible; c. That adverse effects upon adjacent properties will not result relative to increased floodwater depths and velocities during the base flood or other more frequent flood occurrences; d. That the ability of natural drainage ways to adequately drain floodwaters after a flooding event is not impaired; e. That the proposal has been coordinated through the appropriate diking district where applicable, and that potential adverse effects upon other affected diking districts have been documented; and f. That adverse impacts on ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss. 2. Shall be consistent with an approved comprehensive flood hazard management plan. 3. Shall be placed landward of associated wetlands and designated shoreline buffers, except for actions that increase ecological functions, such as wetland restoration, or when no other alternative location to reduce flood hazard to existing development is feasible as determined by the shoreline administrator. H. All new flood control projects shall define maintenance responsibilities and a funding source for operations, maintenance, and repairs for the life of the project. I. New public structural flood hazard reduction measures, such as levees, shall dedicate and improve public access pathways unless public access improvements would cause unavoidable health or safety hazards to the public, inherent and unavoidable security problems, unacceptable and unmitigable significant adverse ecological impacts, unavoidable conflict with the proposed use, or a cost that is disproportionate and unreasonable to the total long-term cost of the development. Setbacks of existing levees are not considered "new" structural flood hazard reduction measures for purposes of this regulation. J. In those instances where management of vegetation as required by this SMP conflicts with vegetation provisions included in state, federal or other flood hazard agency documents 175 governing city -authorized, legal flood hazard reduction measures, the vegetation requirements of this SMP will not apply. However, the applicant shall submit documentation of these conflicting provisions with any shoreline permit applications, and shall comply with all other provisions of this section and this SMP that are not strictly prohibited by the approving flood hazard agency. K. The removal of gravel or other riverbed material for flood management purposes shall be consistent with YMC 17.07.050, Dredging and dredge material disposal, and be allowed only after a biological and geomorphological study shows that extraction has a long-term benefit to flood hazard reduction, does not result in a net loss of ecological functions, and is part of a comprehensive flood management solution. L. Roads shall be located outside the floodway, except necessary crossings which shall be placed perpendicular to the waterbody as much as is physically feasible. New transportation facilities shall be designed so that the effective base flood storage volume of the floodplain is not reduced. The applicant shall provide all necessary studies, reports and engineering analyses which shall be subject to review and modification by the city. If proposed transportation facilities effectively provide flood control, they shall comply with policies and regulations of this section. M. In recognition of the significant benefits of levee setbacks, maximum flexibility of this title, including Chapter 17.09 YMC, Critical Areas in Shoreline Jurisdiction, should be granted when existing structural flood hazard reduction measures are proposed for relocation landward of the existing flood hazard reduction measure. Existing public access or recreation facilities that need to be relocated to accommodate the relocated flood hazard reduction measure shall be allowed to be reconstructed in the floodway or channel migration zone provided they do not further limit channel migration or increase flood hazards. (Ord. 2015-002 § 1 (Exh. A)(part)). Chapter 17.07 USE -SPECIFIC AND MODIFICATION REGULATIONS Sections: 17.07.010 Agriculture. 17.07.020 Aquaculture. 17.07.030 Boating and private moorage facilities. 17.07.040 Commercial and service development. 17.07.050 Dredging and dredge material disposal. 17.07.060 Fill. 17.07.070 Industry. 176 17.07.080 In-water structures. 17.07.090 Mining. 17.07.100 Recreational development. 17.07.110 Residential development. 17.07.120 Shoreline habitat and natural systems enhancement projects. 17.07.130 Shoreline stabilization. 17.07.140 Signs. 17.07.150 Transportation and parking. 17.07.160 Utilities. 17.07.170 Redevelopment, repair, and maintenance. 17.07.010 Agriculture. A. For shoreline purposes, WAC 173-26-020 (Definitions) and WAC 173-26-241(3)(a) (Agriculture) shall determine the need for shoreline review for agricultural activities. B. The provisions of this SMP do not limit or require modification of agricultural activities on agricultural lands as of the date of adoption of the SMP. C. SMP provisions shall apply in the following cases: 1. New agricultural activities on land not meeting the definition of agricultural land; 2. Expansion of agricultural activities on nonagricultural lands or conversion of nonagricultural lands to agricultural activities; 3. Conversion of agricultural lands to other uses; 4. Other development on agricultural land that does not meet the definition of agricultural activities; and 5. Agricultural development and uses not specifically exempted by the Act. D. Concentrated animal feeding operations (see definition in YMC 17.01.090) are prohibited in shoreline jurisdiction. E. New agricultural activities and facilities shall utilize best management practices established by the USDA Natural Resources Conservation Service or other similar agency. F. Development in support of agricultural uses shall be consistent with the environment designation intent and management policies, located and designed to assure no net loss of ecological functions, and shall not have a significant adverse impact on other shoreline resources and values. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.020 Aquaculture. The following provisions apply to any development, construction, or use of land or water for aquacultural purposes within shoreline jurisdiction. 177 A. All structures located within waterbodies shall not preclude navigability of those waters at any time, and shall be clearly marked so as to provide no hazard to navigation on those waters. B. Aquaculture facilities shall be designed and located to avoid significant conflict with water- dependent uses, the spreading of disease, introduction of nonnative species, or impacts to shoreline aesthetic qualities. C. New aquaculture proposals shall comply with mitigation sequencing requirements as outlined in YMC 17.05.020(D), and with all other general standards in Chapter 17.05 YMC. Aquaculture activities that would have a significant adverse impact on natural, dynamic shoreline processes, or that would result in a net loss of shoreline ecological functions, shall be prohibited. D. Potential locations for aquaculture are relatively restricted due to specific requirements for water quality, temperature, flows, oxygen content, adjacent land uses, wind protection, and commercial navigation. The technology associated with some forms of present-day aquaculture is still in its formative stages and experimental. Therefore, some latitude in the development of this use should be given, while the potential impacts on existing uses and natural systems are recognized. E. Aquaculture that supports recovery of endangered or threatened fish species or supports public or community recreation is encouraged provided it is conducted within the bounds of subsections A through C of this section. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.030 Boating and private moorage facilities. A. All boating facilities and residential moorage structures shall be the minimum size necessary to meet the needs of the use. B. New pier or dock construction, excluding docks accessory to single -family residences, must demonstrate that a specific need exists to support the intended water-dependent or public access use. Docks associated with single -family residences are defined as water-dependent uses provided they are designed and intended as a facility for access to watercraft. C. New residential development of two or more dwellings must provide joint-use or community dock facilities, when feasible, rather than allow individual docks for each residence. D. Docks, piers, and any other over-water structures for purposes of temporary or permanent boat moorage are prohibited in free-flowing streams and rivers. E. Public, commercial, industrial, or community residential boating facilities shall: 1. Comply with the health, safety and welfare standards of state and local agencies for such facilities; 178 2. Be so located and designed as not to obstruct or cause danger to normal public navigation of waterbodies, if applicable; 3. Be restricted to suitable locations; 4. Avoid or mitigate for aesthetic impacts; 5. Mitigate impacts to existing public access and navigation, if applicable; 6. Provide documentation of ownership or authorization to use associated water areas; 7. Demonstrate that state and local regulations will be met. Agencies responsible for such regulations shall be consulted as to the viability of the proposed design; and 8. Submit an operations and site plan demonstrating: a. Location and design of fuel handling and storage facilities to minimize accidental spillage and protect water quality; b. Proper water depth and flushing action for any area considered for overnight or long-term moorage facilities; c. Adequate facilities to properly handle wastes from holding tanks; d. That boating facilities are located only at sites with suitable environmental conditions, shoreline configuration, and access; and e. Adequate access, parking, and restroom facilities for the public when required or appropriate. Such facilities should be located away from the immediate water's edge. F. Private Residential Docks. 1. Aspen Lake. The maximum length of docks is eight feet measured perpendicular from the OHWM, and no new dock may be situated directly across from an existing dock. 2. Willow Lake. The maximum length of docks is twelve feet measured perpendicular from the OHWM. G. Boat Launches. 1. Launch ramps shall be designed and constructed using methods/technology that have been recognized and approved by state and federal resource agencies as the best currently available, with consideration for site-specific conditions and the particular needs of that use. At a minimum, they shall minimize the obstruction of currents, alteration of sediment transport, and the accumulation of drift logs and debris. 2. New boat launch facilities shall be approved only if they provide public access to public waters that are not adequately served by existing access facilities, or if use of existing facilities is documented to exceed the designed capacity. Prior to providing boat launch facilities at a new location, documentation shall be provided demonstrating that 179 expansion of existing launch facilities is not feasible or would not be adequate to meet a specific recreation or safety-related demand. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.040 Commercial and service development. The following provisions apply to any development, construction, or use of land or water for commercial and community service purposes within shoreline jurisdiction. A. Water -dependent commercial development shall be given priority over nonwater-dependent commercial uses. Secondarily, water -related and water -oriented uses shall be given priority over nonwater-oriented commercial uses. B. Application for new commercial or community services shall demonstrate either: 1. How the use qualifies as a water -oriented use and how facilities function as such; or 2. The use is part of a mixed-use project that includes water -dependent uses; or 3. Navigability is severely limited at the proposed site, and the use will provide a significant public benefit towards meeting SMA objectives, such as providing public access consistent with YMC 17.05.050 and ecological restoration; or 4. That a nonwater-oriented use is physically separated from the shoreline by either a public right-of-way or a separate parcel. C. Mixed-use buildings, as defined in YMC 17.03.070, may be allowed subject to compliance with all of the following criteria: 1. The project includes one or more water -dependent uses. 2. Water -dependent commercial uses as well as other water -oriented commercial uses have preferential locations along the shoreline. 3. The underlying zoning district permits residential uses together with commercial uses. 4. Public access is provided for substantial numbers of persons in accordance with YMC 17.05.050 and ecological restoration is provided as a public benefit. The shoreline administrator shall interpret substantial numbers of persons consistent with the Act, SMP Guidelines, and shorelines hearings board cases. 5. Residential uses meet requirements of YMC 17.07.130. D. If required by YMC 17.05.050, commercial and community services uses shall be designed to facilitate public access to and enjoyment of nearby shoreline areas. E. Nonwater-oriented commercial uses shall not be allowed over water in any shoreline environment unless they are accessory to and support water -dependent uses. (Ord. 2015-002 § 1 (Exh. A)(part)). 180 17.07.050 Dredging and dredge material disposal. A. Siting and Design. New development shall be sited and designed to avoid or, if that is not possible, to minimize the need for new and maintenance dredging. B. Dredging and dredge material disposal shall be done in a manner which avoids or minimizes significant ecological impacts, and impacts which cannot be avoided shall be mitigated in a manner that assures no net loss of shoreline ecological functions. Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or use. C. Dredging shall be permitted for the following activities when significant ecological impacts are minimized and when mitigation is provided: 1. Establishment, expansion, relocation or reconfiguration of navigation channels and basins where necessary for assuring safe and efficient accommodation of existing navigational uses. 2. Maintenance dredging of established navigation channels and basins, provided dredging is restricted to maintaining previously dredged and/or existing authorized location, depth, and width. 3. Development, expansion and maintenance of essential public facilities when there are no feasible alternatives. 4. Maintenance of irrigation reservoirs, drains, canals, or ditches for agricultural purposes. 5. Restoration or enhancement of shoreline ecological functions and processes benefiting water quality and/or fish and wildlife habitat. 6. Reduction of flood hazards. D. Dredging waterward of the ordinary high-water mark for the primary purpose of obtaining fill material shall not be allowed, except when the material is necessary for the restoration of ecological functions. When allowed, the site where the fill is to be placed must be located waterward of the ordinary high-water mark. The project must be either associated with a Model Toxics Control Act or Comprehensive Environmental Response, Compensation, and Liability Act habitat restoration project or, if approved through a shoreline conditional use permit, any other significant habitat enhancement project. E. Use of dredged material for the purpose of ecological restoration is encouraged. F. Disposal of dredge material on shorelands or wetlands within a river's channel migration zone is discouraged. In the limited instances where it is allowed, such disposal requires a shoreline conditional use permit. This provision is not intended to address discharge of dredge 181 material into the flowing current of the river or in deep water within the channel where it does not substantially affect the geohydrologic character of the channel migration zone. G. Hydraulic dredging (see definition in YMC 17.01.090) or other techniques that minimize the dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging. H. Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials. I. Dredge spoils are also considered fill, and shall not be deposited within the stream except where such deposit is in accordance with approved procedures intended to preserve or enhance wildlife habitat, natural drainage, or other naturally occurring conditions. J. The city may approve five-year management plans addressing maintenance dredging, use of best management practices, and other measures to assure no net loss of shoreline ecological functions. K. All applications for shoreline permits that include dredging shall supply a dredging plan that includes the following information: 1. The quantity of material to be removed. 2. The method of removal. 3. Location of spoil disposal sites and measures that will be taken to protect the environment around them. 4. Plans for the protection and restoration of the shoreline environment during and after dredging operations. L. A dredging operation judged by the administrator to be insufficient for protection or restoration of the shoreline environment shall cause denial of a shoreline permit. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.060 Fill. A. All fills shall be located, designed and constructed to protect shoreline ecological functions and ecosystem -wide processes, including channel migration. Any adverse impacts to shoreline ecological functions shall be mitigated. B. Permissible fill in sensitive areas, including fill within wetlands, floodways, channel migration zones, or waterward of the OHWM, shall only be permitted in limited instances for the following purposes and when other required state or federal permits have been obtained, with due consideration given to specific site conditions, and only along with approved shoreline use and development activities that are consistent with this SMP, such as: 1. Water -dependent uses, public access, and cleanup and disposal of contaminated sediments as part of an interagency environmental cleanup plan; 182 2. Disposal of dredged material considered suitable under, and conducted in accordance with, the Dredged Material Management Program of the Department of Natural Resources and/or the Dredged Material Management Office of the U.S. Army Corps of Engineers (see YMC 17.07.050 of this SMP); 3. Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline where alternatives to fill are infeasible; 4. Ecological restoration or enhancement when consistent with an approved restoration plan; 5. Maintenance or installation of flood hazard reduction measures consistent with a comprehensive flood hazard management plan and YMC 17.05.060, Flood hazard reduction; 6. Protection of cultural or historic resources when fill is the most feasible method to avoid continued degradation, disturbance or erosion of a site. Such fills must be coordinated with the Yakama Nation and comply with applicable provisions of YMC 17.05.010 of this SMP. All fills waterward of the OHWM not associated with ecological restoration, flood control or approved shoreline stabilization shall require a shoreline conditional use permit. C. Permissible Upland Fill. All other upland fill is permitted, provided it: 1. Is conducted outside applicable buffers, unless specifically allowed in buffers; 2. Is part of an approved shoreline use or modification, or is necessary to provide protection to cultural or historic resources; 3. Is the minimum necessary to implement the approved use or modification; 4. Is planned to fit the topography so that minimum alterations of natural conditions will be necessary; 5. Does not adversely affect hydrologic conditions or increase the risk of slope failure; and 6. Is consistent with applicable provisions of Chapter 17.09 YMC, particularly regulations governing floodways and one -hundred -year floodplains. D. Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas having the least impact to the shoreline area. Other alternatives shall be preferred over fill to elevate new structures in the floodplain, such as use of pile or pier supports, posts, columns, other zero -rise methods, or increasing foundation height. 183 E. Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material obtained from a state -certified source, with a minimum potential to degrade water quality and meeting the specifications included in project plans approved by local, state and federal review agencies. F. Fill placement shall be scheduled at times having the least impact to fish spawning, nesting patterns, and other identified natural processes. G. Erosion Control. A temporary erosion and sediment control (TESC) plan, including BMPs, consistent with the Stormwater Management Manual for Eastern Washington, or the most recent adopted stormwater manual, shall be provided for all proposed fill and excavation activities, and approved by the shoreline administrator prior to commencement of activity. Disturbed areas shall be immediately protected from erosion using weed -free straw, mulches, hydroseed, or similar methods and revegetated, as applicable. H. Projects that propose fill shall make every effort to acquire fill onsite (also known as compensatory storage) where appropriate. I. Fill should not obstruct, cut off, or isolate stream corridor features. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.070 Industry. The following provisions apply to any development, construction, or use of land for industrial purposes within shoreline jurisdiction: A. Water -dependent uses shall be given preference over nonwater-dependent uses. Water - oriented industrial uses shall be given preference over nonwater-oriented uses. B. Facilities and structures shall be designed and screened with vegetation to minimize degradation of shoreline aesthetic qualities. C. The location, design, and construction of industrial uses and redevelopment are required to demonstrate no net loss of ecological functions and that significant adverse impacts to other shoreline resources and values are avoided. Industries which have proven to be environmentally hazardous are prohibited from locating along the shorelines provided such industries may be allowed consistent with the Shoreline Use and Modification Matrix (Table 03.070-1) if a hazard mitigation plan is approved by the shoreline administrator upon a finding that the plan would adequately mitigate hazards and provide for no net loss of ecological function. If the plan is found insufficient for protection of the shoreline environment, the shoreline administrator may require a third -party review of the hazard mitigation plan at the applicant's expense. 184 D. New industrial uses and redevelopment of industrial uses shall provide for environmental cleanup and restoration in degraded or contaminated locations. E. Application for new industrial activities shall demonstrate either: 1. How the use qualifies as a water -oriented use and how facilities function as such; or 2. That a nonwater-oriented use is part of a mixed-use development that includes a water -dependent use; or 3. Navigability is severely limited at the proposed site and the use will provide a significant public benefit towards meeting SMA objectives, such as providing public access and ecological restoration; or 4. That a nonwater-oriented use is physically separated from the shoreline by either a public right-of-way or a separate parcel. F. New or expanded industrial developments shall be required to make adequate provisions for public and private visual and physical shoreline access unless such a requirement would interfere with operations or create hazards to life or property or another exception is met consistent with YMC 17.05.050. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.080 In -water structures. A. Prohibited and Allowed Projects. Projects that damage fish and wildlife resources, degrade recreation and aesthetic resources, result in a net loss of ecological functions, or result in high flood stages and velocities are prohibited. Structures waterward of the ordinary high-water mark allowed only for water -dependent uses, public access, shoreline stabilization, or other specific public purpose. B. Soil Stabilization. Upland cut -and -fill slopes and back-filled areas resulting from installation of in -water structures shall be stabilized with bioengineering approaches, including but not limited to brush matting and buffer strips and revegetated with native grasses, shrubs, or trees to prevent loss of shoreline ecological functions and processes. In order to ensure soil stabilization, revegetation must include native shrubs or trees and may not be limited to native grasses. C. Water Quality. In -water structures shall be constructed and maintained in a manner that does not degrade the quality of affected waters. The city shall require conditions to achieve this objective. D. Prohibited Structures. In -water structures may not utilize components other than those designed expressly for the approved in -water use. 185 E. Natural Features. Natural in-water features, such as snags, uprooted trees, or stumps, shall be left in place unless it can be demonstrated that they are actually causing bank erosion or higher flood stages or pose a hazard to navigation or human safety. F. Protect Functions, Processes and Cultural Resources. In-water structures shall provide for the protection and preservation of ecosystem-wide processes, ecological functions, and cultural resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeological processes, and natural scenic vistas. The location and planning of in-water structures shall give due consideration to the full range of public interests, watershed functions and processes, and environmental concerns, with special emphasis on protecting and restoring priority habitats and species. G. Design. In-water structures shall be designed by a qualified professional as determined by the shoreline administrator. In-water structures shall preserve valuable recreation resources and aesthetic values such as point and channel bars, islands, and braided channels. In-water structures shall not be a safety hazard or obstruct water navigation as determined by the shoreline administrator. H. Permits. Construction of in-water structures may not commence without having obtained all applicable federal, state, and local permits and approvals. I. Public Access. Design of in-water structures by public entities, including the city, other local governments, state and federal agencies, and public utility districts, shall include access to public shorelines whenever possible, unless it is demonstrated that public access would cause unavoidable public health and safety hazards, security problems, unmitigatable ecological impacts, unavoidable conflicts with proposed uses, or unreasonable cost. At a minimum, in- water structures should not decrease public access or use potential of shorelines. (Ord. 2015- 002 § 1 (Exh. A)(part)). 17.07.090 Mining. The following provisions shall apply to commercial mining within shoreline jurisdiction. Processing and other activities that occur off-site or after active mineral extraction has concluded on-site are also regulated as an industrial use (see YMC 17.07.070): A. Prior to the authorization of a commercial mining operation, the project proponent shall provide maps to scale which illustrate the following: 1. The extent to which excavation and processing will affect or modify existing stream corridor features, including existing riparian vegetation; 2. The location, extent and size in acreage of any pond, lake, or feature that will be created as a result of mining excavation; 186 3. The description, location, and extent of any proposed subsequent use that would be different than existing uses. B. The operations and any subsequent use or uses shall not cause permanent impairment or loss of floodwater storage, wetland, or other stream corridor features. Mitigation shall provide for the feature's replacement at equal value, except wetlands which shall be mitigated according to guidance in the Washington State Department of Ecology's Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated). C. Except where authorized by the city in consultation with the State Department of Fish and Wildlife and Department of Ecology, the following shall apply: 1. The excavation zone shall be located a minimum of one hundred feet upland from the ordinary high water mark (OHWM) of the stream channel. 2. Equipment shall not be operated, stored, refueled, or provided maintenance within one hundred feet of the OHWM. 3. Washing, crushing, screening, or stockpiling of mined materials shall not occur within one hundred feet of the OHWM. D. Mining proposals shall be consistent with the Washington Department of Natural Resources Surface Mine Reclamation standards (Chapter 332-18 WAC, Chapter 78.44 RCW). E. Additional Shoreline Standards for Industrial Mining. 1. Applicants shall submit a mining and reclamation plan to the shoreline administrator describing the proposed site, quantity of material to be removed, method of removal, and measures that will be taken to protect lakes and streams from siltation and sedimentation. A surface mining plan or a reclamation plan judged by the shoreline administrator to be insufficient for protection or restoration of the shoreline environment shall cause denial of a shoreline permit. 2. Mining stockpiles shall be sited in such a manner so as to avoid damage or loss resulting from flooding. 3. New mining and associated activities shall assure that proposed subsequent use of the mined property is consistent with the provisions of the environment designation and that reclamation of disturbed shoreline areas provides appropriate ecological functions consistent with the setting. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.100 Recreational development. The following provisions apply to any development, construction, or use of land or water for recreational purposes within shoreline jurisdiction, whether public or commercial. 187 A. Recreational activities must be compatible with existing or proposed uses in the area and must not create a noise, traffic, visual or similar problem. B. The location, design, and operation of recreational facilities shall be consistent with the purpose of the environmental designation. C. Recreational uses and facilities located within shoreline jurisdiction shall include features that relate to access, enjoyment and use of the water and shorelines of the state. Access to recreational areas should emphasize both consolidated park or open space areas and trail access. Linkage of shoreline parks and public access points by means of linear access should be encouraged. D. Different uses within a specific recreational facility must be compatible with each other. E. Commercial components of the use that are not explicitly related to the recreational operation must also conform to the commercial use standards of YMC 17.07.050 (Commercial and service development). F. Recreational development shall demonstrate achievement of no net loss of ecological functions. G. Applicants may apply for a multiyear recreation maintenance plan for exempt and nonexempt repair and maintenance activities consistent with YMC 17.07.170. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.110 Residential development. The following provisions apply to any development, construction, or use of land for residential purposes within shoreline jurisdiction. A. New multiunit development, plats or subdivisions containing land adjacent to publicly owned or controlled bodies of water shall allow for pedestrian access to such waterbodies for residents and the public consistent with YMC 17.05.050. B. Residential development and preliminary plats shall contain plans indicating how shoreline vegetation will be preserved and erosion controlled. A vegetation protection and/or erosion control plan shall demonstrate adequate protection of vegetation and avoidance of soil erosion. If the plan is found insufficient for protection of the shoreline environment the shoreline administrator may require a third -party review at the applicant's expense. C. Applications for new shoreline residences shall ensure that shoreline stabilization and flood control structures are not necessary to protect proposed residences. A geotechnical analysis (see definition in YMC 17.01.090) shall be provided to demonstrate that such structures are unnecessary to protect proposed residences; this study may be waived by the shoreline administrator if a study or information provided by the USACE, FEMA, Ecology, or other agency 188 exists and provides sufficient information to conclude that shoreline stabilization and flood control structures are not necessary. D. New floating residences and over-water residential structures shall be prohibited in shoreline jurisdiction. E. Private lake owners or homeowners associations may apply for a multiyear residential maintenance plan for exempt and nonexempt repair and maintenance activities consistent with YMC 17.07.170. F. Single -family residences identified as a priority use only when developed in a manner consistent with control of pollution and prevention of damage to the natural environment. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.120 Shoreline habitat and natural systems enhancement projects. A. Applicability. Shoreline habitat and natural systems enhancement projects include those activities proposed and conducted specifically for the purpose of establishing, restoring or enhancing habitat for priority species in shorelines. Such projects may include shoreline modification actions such as modification of vegetation, removal of nonnative or invasive plants, shoreline stabilization, dredging, and filling; provided, that the primary purpose of such actions is clearly restoration of the natural character and ecological functions of the shoreline. This section does not apply to mitigation. B. Approved Plan. Restoration and enhancement shall be carried out in accordance with an approved shoreline restoration plan. C. Protect Adjacent Resources. All shoreline restoration and enhancement projects shall protect the integrity of adjacent natural resources, including aquatic habitats and water quality. D. Maintenance and Monitoring. Long-term maintenance and monitoring (minimum of three years, but preferably longer) shall be arranged by the project applicant and included in restoration or enhancement proposals. E. Adverse Effects. Shoreline restoration and enhancement may be allowed if the project applicant demonstrates that no significant adverse changes to sediment transport or river current will result and that the enhancement will not adversely affect ecological processes, properties, or habitat. F. Use of Best Information and BMPs. Shoreline restoration and enhancement projects shall be designed using the best available scientific and technical information, and implemented using best management practices. G. Public Use of Waters and Lands. Shoreline restoration and enhancement shall not interfere with lands or waters dedicated specifically for public use, as determined by the shoreline 189 administrator, without appropriate mitigation. For projects on state-owned aquatic lands, project proponents must coordinate with the Washington Department of Natural Resources to ensure the project will be appropriately located prior to the solicitation of permits from regulatory agencies. H. Relief for OHWM Shifts. Applicants seeking to perform restoration projects are advised to work with the city to assess whether and how the proposed project is allowed relief under RCW 90.58.580, in the event that the project shifts the OHWM landward. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.130 Shoreline stabilization. A. Shoreline stabilization projects shall be allowed only where there is evidence of erosion which clearly represents a threat to existing property, structures, uses or facilities, and which stabilization will not jeopardize other upstream or downstream properties. A geotechnical analysis must estimate time frames and rates of erosion and report on the urgency associated with the specific situation. New hard shoreline stabilization solutions to protect primary structures shall not be authorized except when a report confirms that there is a significant possibility that such a structure will be damaged within three years as a result of shoreline erosion in the absence of such measures, or where waiting until the need is that immediate would foreclose the opportunity to use measures that avoid impacts on ecological functions. Thus, where the geotechnical report confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as the three years, that report may still be used to justify more immediate authorization to protect against erosion using soft measures. B. New development shall be located and designed to avoid the need for future shoreline stabilization to the extent feasible. Subdivision of land must be regulated to assure that the lots created will not require shoreline stabilization in order for reasonable development to occur using geotechnical analysis of the site and shoreline characteristics. C. Stabilization projects shall be developed under the supervision of, or in consultation with, agencies or professionals with appropriate expertise. D. Stabilization projects shall be limited in size to the minimum protective measures necessary, and shall use measures designed to assure no net loss of shoreline ecological functions and avoidance and minimization of impacts to sediment transport processes. Soft approaches shall be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and businesses. E. The use of fill to restore lost land may accompany stabilization work, provided the resultant shore does not extend beyond the original ordinary high water mark, finished grades are 190 consistent with abutting properties, a restoration plan is approved for the area, and the fill material is in compliance with YMC 17.07.060 (Fill). F. Stabilization projects shall use design, material, and construction alternatives that do not require high or continuous maintenance and which prevent or minimize the need for subsequent stabilization to other segments of the shore. Junk car bodies and other unsuitable debris are not to be used in shore stabilization projects. G. Shoreline stabilization measures shall be designed, located, and constructed in such a manner as to minimize the disruption of natural channel characteristics. H. Required geotechnical reports shall meet the provisions of the definition provided in YMC 17.01.090. I. Demonstration of Necessity. New structural shoreline stabilization measures shall not be allowed except when necessity is demonstrated in the following manner: 1. New or enlarged structural stabilization measures to protect an existing primary structure, including residences, shall not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by currents or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shore stabilization. 2. Erosion control structures in support of new nonwater-dependent development, including single-family residences, when all of the conditions below apply: a. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage. b. Nonstructural measures, such as placing the development farther from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient. c. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by natural processes, such as currents and waves. 3. Erosion control structures in support of water -dependent development when all of the conditions below apply: 191 a. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage. b. Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient. c. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. 4. Erosion control structures to protect projects for the restoration of ecological functions or hazardous substance remediation projects pursuant to the Model Toxics Control Act (Chapter 70.105D RCVV) shall not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that demonstrates that nonstructural measures such as planting vegetation, or installing on-site drainage improvements, is not feasible or not sufficient. J. An existing shoreline stabilization structure may be replaced with a similar structure if there is a demonstrated need to protect principal uses or structures from erosion. For purposes of this section, "replacement" means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately serve its purpose. Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures. K. Replacement walls or bulkheads shall not encroach waterward of the ordinary high water mark or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shore stabilization structure. L. Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high-water mark. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.140 Signs. A. Outdoor advertising signs must conform to size, spacing and lighting provisions of the Washington State Scenic Vistas Act of 1971, where applicable. B. Signs shall meet applicable city municipal code requirements regarding size, location, lighting, and other relevant performance standards. C. Proposals for signage shall submit plans for signage at the time of application for shoreline permits, including shoreline exemptions. 192 D. The shoreline administrator may condition signage regarding size, illumination, and placement, to ensure that signage is compatible with adjacent shoreline environments and does not: 1. Significantly (see definition in YMC 17.01.090) obstruct visual access to the water from public lands or a substantial number of residences per YMC 17.03.080, Development standards, and shorelines hearings board case law; or 2. Impair scenic vistas to the Yakima Greenway or Naches River or associated lakes; or 3. Impair driver vision such as due to lines of sight, type or frequency of lighting, or other feature that has the potential to result in safety concerns. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.150 Transportation and parking. The following provisions shall apply to the location and construction of roads; railroads; bridges; water crossings; pedestrian, bicycle, and public transportation; and parking within shorelines, where appropriate. A. Transportation and parking activities consistent with exemptions in YMC 17.13.050 are exempt from the requirement to obtain a shoreline substantial development permit, but shall meet applicable provisions of this master program. Applicants may apply for a multiyear transportation maintenance plan for exempt and nonexempt repair and maintenance activities consistent with YMC 17.07.170. B. New or expanded transportation and parking facilities must be designed and located where they will have the least possible adverse effect on unique or fragile shoreline features, will not result in a net loss of shoreline ecological functions, and will not adversely impact existing or planned water -dependent uses. C. New or expanded roads and railroads shall not be located within a designated stream corridor except where it is necessary to cross the corridor, or where existing development, topography, and other conditions preclude locations outside the stream corridor. Applications for new or expanded roads and railroads shall demonstrate through engineering studies that a shoreline location is the most feasible of the available options. 1. Construction of roadways or railroads across stream corridors shall be by the most direct route possible having the least impact to the stream corridor. 2. Roadways or railroads that must run parallel to stream or wetland edges shall be along routes having the greatest possible distance from stream or wetland and the least impact to the corridor. 193 3. Roadways or railroads within the stream corridor shall not hydrologically obstruct, cut off or isolate stream corridor features. D. Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to maintain grade, or shall be transported outside the corridor if it contains material unsuited to the current construction project. Spoil, construction waste, and other debris shall not be used as road fill or buried within the stream corridor. E. Bridges, water-crossing structures, or necessary fill to elevate roadways shall not constrict the stream channel; impede the normal flow of floodwaters, sediment, and woody debris; or cause displacement that would increase the elevation of flood waters such that it would cause properties not in the floodplain to be flood-prone. F. Natural stream channels and drainage ways shall be preserved through the use of bridges for crossings, unless the use of culverts is demonstrated to be the only technically feasible means for crossing. The use of bridges shall be the preferred means to preserve natural streams and drainageways. Where bridges are not feasible, large, natural bottom culverts; multi-plate pipes; and bottomless arches shall be used, and shall be designed consistent with the latest guidance from the Washington Department of Fish and Wildlife. G. Roads and bridges within floodways must meet flood hazard regulations of YMC 17.09.020. H. Parking. The standards in this section only apply to new or expanded uses within shoreline jurisdiction. 1. Parking facilities in shorelines are not a preferred use and shall be allowed only as necessary to support an authorized use consistent with the use matrix and definitions in YMC 17.03.070 and 17.01.090, respectively. 2. Parking areas shall be located upland of the areas they serve, unless: a. A location waterward is required to meet Americans with Disabilities Act requirements, or b. No other feasible location upland of the area served is possible due to topographical or other physical constraints. c. In the above cases in subsections (H)(2)(a) and (H)(2)(b) of this section, parking shall be located as far upland from the OHWM as feasible, recognizing the limited supply of shoreline areas. 3. Proposals for new or expanded parking facilities shall minimize environmental and visual impacts of parking facilities through compliance with Chapter 17.05 YMC, General 194 Regulations, Chapter 17.09 YMC, Critical Areas in Shoreline Jurisdiction, and applicable city zoning standards addressing lighting and landscaping. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.160 Utilities. The following provisions shall apply to the location, construction, or installation of utility transmission lines and facilities (such as those for wastewater, water, communication, natural gas, etc.) within shoreline jurisdiction: A. Utilities activities consistent with exemptions in YMC 17.13.050 are exempt from the requirement to obtain a shoreline substantial development permit, but shall meet applicable provisions of this master program. Applicants may apply for a multiyear utilities maintenance plan for exempt and nonexempt repair and maintenance activities consistent with YMC 17.07.170. B. New or expanded nonwater-oriented utility production and processing facilities, such as power plants and sewage treatment plants, or parts of those facilities that are nonwater- oriented, shall not be allowed in shoreline jurisdiction unless it can be demonstrated that: 1. No other feasible option is available; or 2. The new location is necessary due to channel migration or levee setback; or 3. The facilities are being added or improved to meet federal or state mandates. C. Utility transmission lines and facilities shall be permitted within the stream corridor only where it is necessary to cross the corridor or where existing development, topography, and other conditions preclude locations outside the stream corridor. For example, lines and facilities that are essential public facilities (e.g., regional sewer facilities) that must cross the stream are permitted. 1. Utility transmission lines and facilities across stream corridors shall be by the most direct route possible having the least impact to the stream corridor. 2. The construction of utility transmission lines and facilities within a stream corridor shall be designed and located to ensure minimum disruption to the functional properties specified under YMC 17.09.030. D. Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy replacement or repair with minimal disturbance to the stream corridor. E. Buried utility transmission lines crossing a stream corridor shall be buried a sufficient depth below the bankfull depth of the waterway, associated floodway and floodplain to the maximum extent of potential channel migration as determined by hydrologic analysis. 195 F. Preference shall be given to utility systems contained within the footprint of an existing right-of-way or utility easement over new locations for utility systems. Wherever possible, new aboveground installations shall use available, existing bridge and utility locations and stream corridor crossings as opposed to creating new locations and stream corridor crossings. G. Aboveground electrical support towers and other similar transmission structures shall be located as far upland as is practical. H. Transmission support structures shall be located clear of high flood velocities, located in areas of minimum flood depth which require the least floodproofing, and shall be adequately floodproofed. I. Underground utility transmission lines shall be constructed so they do not alter, intercept or dewater groundwater patterns that support streams, wetlands and hyporheic flow. J. All new and replacement water supply systems and wastewater systems within a special flood hazard area must meet the requirements of YMC 17.09.020, Flood hazard areas. K. Utility transmission lines within the floodway fringe or floodway shall meet the standards of YMC 17.09.020, Flood hazard areas. L. Utility services to individual projects undergoing shoreline review, including those where the primary use may be in a different shoreline environment than the utility service, shall not require separate substantial development permits for utility service installations, but are subject to all of the provisions in this section, except those listed below. Utility service to projects outside shoreline jurisdiction is subject to normal shoreline permitting, and is subject to all of the provisions in this section, except those listed below. 1. Where feasible, utilities shall be placed underground unless such undergrounding would be economically or technically prohibitive. 2. New utility facilities shall be designed and located to preserve the natural landscape, and minimize conflicts with present and planned land and shoreline uses, especially recreation, residential and public access. 3. Expansion, updating, and maintenance of existing facilities is allowed, but shall be designed to be located to avoid adverse impacts and achieve no net loss of ecological function to shoreline resources as much as possible. 4. The presence of existing utilities shall not justify more intense development beyond levels planned in the comprehensive plan or zoning. 5. Permit applications shall meet the following submittal review standards: 196 a. Applications shall submit studies (social, economic, environmental, engineering, etc.) to demonstrate that a shoreline location is the most feasible of the available options. b. Applications to locate transmission lines shall submit a location plan that shows existing utility routes in the vicinity of the proposed transmission line. Failure of utility lines to follow existing routes, where feasible, shall cause denial of the application. c. Applications shall include a reclamation plan that provides for revegetation and protection of shoreline areas from erosion and siltation. A revegetation or erosion protection plan shall demonstrate adequate protection of vegetation and avoidance of soil erosion. If the plan is found insufficient for protection of the shoreline environment, the shoreline administrator may require a third-party review at the applicant's expense. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.07.170 Redevelopment, repair, and maintenance. This section addresses how regulations apply to redevelopment, repair, or maintenance activities; clarifies how SMP standards proportionally apply to redevelopment activities; and provides a process for multiyear management plans for maintenance and repair. A. SMP provisions shall not apply retroactively to existing uses and developments. B. Legally established uses and developments may be maintained, repaired, and operated within shoreline jurisdiction and within shoreline and critical area buffers established in this SMP. Normal maintenance and repair, as specified in YMC 17.01.090, is exempt from a shoreline substantial development permit, but not the standards of the SMP. C. Consistent with the applicability provisions of YMC 17.01.020, SMP standards shall apply to expansions or alterations of uses or developments and to new development or redevelopment of a property as follows: 1. The shoreline administrator shall determine the extent of compliance with SMP provisions. 2. The required provisions shall be related to and in proportion to the proposal. For example, if an upper story is added to a structure, requirements related to building heights and views may apply. If vegetation is removed beyond normal maintenance pursuant to YMC 17.05.030, vegetation conservation and shoreline buffer standards may apply. D. In order to provide consistent interpretation of SMP exemptions, streamline permitting, determine applicable SMP standards regarding maintenance or repair activities, apply best management practices or protocols to ensure no net loss of shoreline ecological function, and identify the need for notification of activities, the city may approve multiyear programmatic 197 shoreline exemptions consistent with specific exempt activities allowed in YMC 17.13.050 for the following types of uses and modifications. 1. Dredging. 2. Private development and facilities on private lakes. 3. Public parks and recreation. 4. Transportation facilities. 5. Utility facilities, including but not limited to wastewater and water systems. E. Applicants for multiyear maintenance plans shall provide the following information for consideration by the shoreline administrator: 1. Description of proposed maintenance activities and best management practices; 2. Type, methods, and frequency of maintenance or repair activities; 3. Length of requested multiyear maintenance plan. Multiyear maintenance approval should not exceed five years, except where expressly allowed in this master program; 4. Specification of which activities the applicant will regularly notice the city or which do not require advanced notice; 5. Description of aquatic habitat protection measures and any applicable permits received for that work; 6. Description of riparian and wetland protection measures and any applicable permits received for that work; 7. Description of stormwater management practices to reduce both water quantity and water quality impacts and any applicable permits received for that work; 8. Description of erosion and sediment control practices that prevent off-site movement; 9. Description of revegetation or restoration activities following maintenance or repair; 10. Description of chemical and nutrient use and containment practices such as Integrated Pest Management (IPM); and 11. Description of compliance with use -specific criteria in subsections F to J of this section. F. Dredging. Applications for dredging maintenance plans shall demonstrate compliance with regulations in YMC 17.07.050. G. Private Development and Facilities on Private Lakes. 1. A multiyear maintenance plan for private development and facilities on private lakes shall be consistent with covenants, codes, and restrictions of a property owners association, where such an association exists. 198 2. The applicable use or modification performance standards of this chapter shall be demonstrated to be met by applications for multiyear maintenance plans. H. Public Parks and Recreation. 1. A multiyear maintenance plan for public parks and recreation facilities shall describe management objective or desired outcome for shoreline habitat and water quality topics stated in application criteria in subsections (E)(3) to (E)(9) of this section, specific performance requirements for each standard, and corrective actions that would be implemented if the performance requirement(s) is not met. 2. Applications for parks and recreation maintenance plans shall demonstrate compliance with regulations in YMC 17.07.100. I. Transportation Facilities. Applications for transportation maintenance plans shall demonstrate compliance with regulations in YMC 17.07.150. J. Utility Facilities. Applications for utility maintenance plans shall demonstrate compliance with regulations in YMC 17.07.160. K. City Authorization of Multiyear Programmatic Maintenance Plans. 1. The city may approve multiyear programmatic maintenance plans that solely contain exempt activities consistent with the interpretation process of YMC 17.13.020, when consistent with the following criteria: a. The policies and procedures of the SMA; b. The provisions of Chapter 173-27 WAC; c. Chapter 10, Section 3 of the City of Yakima Comprehensive Plan; and d. This title. 2. The city may approve multiyear programmatic maintenance plans that include a combination of exempt and nonexempt activities. The permit process shall follow the permit process consistent with nonexempt activities pursuant to YMC 17.03.070, Shoreline use and modification matrix. The criteria for approval shall follow the applicable criteria for the permit type in Chapter 17.13 YMC, e.g., shoreline substantial development permit or shoreline conditional use permit. 3. The city may attach conditions to the approval of multiyear maintenance plans as necessary to assure consistency of the project with the Act and this SMP. Additionally, nothing shall interfere with the city's ability to require compliance with all other applicable laws and plans. (Ord. 2015-002 § 1 (Exh. A)(part)). 199 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION Sections: 17.09.010 General provisions. 17.09.020 Flood hazard areas. 17.09.030 Fish and wildlife habitat and the stream corridor system. 17.09.040 Wetlands. 17.09.050 Geologically hazardous areas. 17.09.060 Critical aquifer recharge areas. 17.09.010 General provisions. A. Purpose of Chapter. The purpose of this chapter is to establish a single, uniform system of procedures and standards for development within designated critical areas within the shoreline jurisdiction of the incorporated city of Yakima. B. Intent of Chapter. This chapter establishes policies, standards, and other provisions pertaining to development within designated critical areas regulated under the provisions of the Growth Management Act (Chapter 36.70A RCVV) and development regulated under the National Flood Insurance Program. Wetlands, streams, stream corridors and rivers, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas; frequently flooded areas; and geologically hazardous areas constitute the city of Yakima's critical areas pursuant to WAC 365-190-030. These areas are of special concern to the people of the city of Yakima and the state of Washington because they are environmentally sensitive lands, or hazardous areas, which comprise an important part of the state's natural resource base. The policies, standards, and procedures of this chapter are intended to: 1. Preserve development options within designated critical areas where such development will result in "no net loss" of the functions and values of the critical areas; 2. Where appropriate, avoid uses and development which are incompatible with critical areas; 3. Prevent further degradation of critical areas; 4. Conserve and protect essential or important natural resources; 5. Protect the public health, safety, and general welfare; 6. Further the goals and policies of the Yakima Urban Area Comprehensive Plan; 7. Implement the goals and requirements of the Washington Growth Management Act (Chapter 36.70A RCVV), the Shoreline Management Act (Chapter 90.58 RCVV), and the National Flood Insurance Program (CFR Title 42); 200 8. Recognize and protect private property rights; and 9. Provide development options for landowners of all existing lots to the greatest extent possible. C. The policies, standards and procedures of this chapter are not intended to: 1. Regulate the operation and maintenance of existing, legally established uses and structures, including but not limited to vegetative buffers on existing uses that have been reduced in width prior to the effective date of this chapter; 2. Result in an unconstitutional regulatory taking of private property; 3. Require the restoration of degraded critical areas for properties in a degraded condition prior to the effective date of this chapter unless improvement of the buffer is needed for new development proposed on the property; 4. Presume that regulatory tools are the only mechanism for protection; and 5. Prohibit the use of valid water rights. D. Applicability. The provisions of this chapter shall apply to any new development, construction, or use within the incorporated portion of the city of Yakima's shoreline jurisdiction that is designated as a critical area and upon any land within shoreline jurisdiction that is mapped and designated as a special flood hazard area under the National Flood Insurance Program. However, this chapter does not apply to the situations below, except that the flood hazard protection provisions of YMC 17.09.020 will continue to apply as determined by YMC 17.09.020(A) through (G): 1. Within designated critical areas, there may exist lots, structures, and/or uses which were lawfully established prior to the adoption of this chapter, as provided below, but which would be subsequently prohibited, regulated, or restricted under this chapter. Such existing lots, structures, and/or uses shall be classified as legally nonconforming uses. 2. It is the intent of this chapter to permit these pre-existing legally nonconforming uses and structures to continue until such time as conformity is possible: a. Minor, temporary, or transient activities (including those of a recreational nature) that do not alter the environment or require a dedicated staging area, use area, or route (including temporary signs) are not subject to this chapter; b. Mining, as defined in YMC 17.01.090, as carried out under a Washington Department of Natural Resources reclamation permit, is not subject to the geologically hazardous areas provisions of this chapter for erosion hazard areas, 201 over-steepened slope hazard areas, landslide hazard areas and suspected geologic hazard areas. Other critical areas provisions continue to apply. E. Critical Area Development Authorization Required. 1. No new development, construction or use shall occur within a designated critical area without obtaining a development authorization in accordance with the provisions of this chapter, except for those provided for in subsection H of this section or YMC 17.13.050. 2. With respect to application and review procedures, it is the intent of this chapter to streamline and coordinate development authorization within a critical area and recognize other requirements by local, state and/or federal permits or authorizations. Development, construction or use occurring within a designated critical area shall be processed according to the provisions of this chapter, unless determined to be exempt. 3. Approval of a development authorization under this chapter shall be in addition to and not a substitute for any other development permit or authorization required by the city of Yakima. Approval of a development authorization under this chapter shall not be interpreted as an approval of any other permit or authorization required of a development, construction or use. 4. Development authorizations shall be issued in accordance with this chapter, the Shoreline Management Act, and permit procedures of Chapter 173-27 WAC. 5. Coordination with Other Jurisdictions. a. Where all or a portion of a standard development project site is within a designated critical area and the project is subject to another local, state or federal development permit or authorization, the shoreline administrator shall determine whether the provisions of this chapter can be processed in conjunction with a local, state or federal development permit or authorization. The decision of the shoreline administrator shall be based upon the following criteria: i. The nature and scope of the project and the critical area features involved or potentially impacted; ii. The purpose or objective of the permit or authorization and its relationship to protection of the critical area; iii. The feasibility of coordinating the critical area development authorization with other permitting agency; iv. The timing of the permit or authorization. 202 b. If a determination has been made that provisions of this chapter can be handled in conjunction with another applicable development permit or authorization process, the shoreline administrator will not accept the development authorization and/or permits in place of a shoreline permit or critical area development authorization. Project proponents may be required to provide additional site plans, data and other information necessary as part of that process to ensure compliance with this chapter. The shoreline administrator's decision on the critical area development authorization shall be coordinated to coincide with other permits and authorizations. INQUIRY AND EARLY ASSISTANCE F. Critical Area Identification Form and Critical Area Report Requirements. 1. Prior to the review of any applicable proposed development, construction or use, the applicant shall provide the city with a critical areas identification form and site plan and any other information the city may require to determine if a critical area is present. 2. Upon receipt of a critical area identification form and site plan, the shoreline administrator or designee may conduct a site examination to review critical area conditions. The shoreline administrator or designee shall notify the property owner of the site examination prior to the site visit. Reasonable access to the site shall be provided by the property owner. 3. The shoreline administrator or designee shall review the available information pertaining to the proposal and make a determination whether any critical areas may be affected. If so, a more detailed critical area report shall be submitted in conformance with subsections P and Q of this section, except as provided below: a. No critical areas present. If the shoreline administrator or designee is able to sufficiently determine a critical area does not exist within or adjacent to the project area and/or a critical area report is not required. b. Critical areas present, but no impact. If the shoreline administrator or designee is able to determine the existence, location and type of critical area and the project area is not within the critical area and/or the project will not have an indirect impact on the function of an adjacent wetland. c. Critical areas may be affected by a proposal. The shoreline administrator or designee may waive the requirement for a critical areas report utilizing the technical expertise of other reviewing agencies if: 203 i. The shoreline administrator is sufficiently able to determine the existence, location and type of the critical area; ii. The project scale or nature is such that a specialist is not necessary to identify impacts and mitigation; and iii. The applicant agrees to provide mitigation the shoreline administrator deems adequate to mitigate for anticipated impacts. 4. Reports will generally fall into the following groups: a. Determining the absence of a critical area; b. Determining the existence, location and type of a critical area; c. Determining impacts of an encroachment on a critical area and general mitigation measures; and d. Developing a compensatory mitigation plan. G. Pre-Application Conference. Any new development or use falling under the provisions of this chapter may be subject to a pre-application conference. Prior to the pre-application conference, the project proponent must submit a critical area identification form and preliminary site plan. 1. A project review for flood hazards shall follow the pre-application requirements established to administer YMC 17.09.020, Flood hazard areas. 2. The pre-application conference is intended to allow the shoreline administrator or designee to: a. Establish the scope of the project and identify potential concerns that may arise; b. Identify permits, exemptions, and authorizations, which the project proponent may need to obtain; c. Determine whether the project will be processed through the development procedures of this chapter or coordinated with the review procedures of another development permit or authorization; d. Provide the proponent with resources and technical assistance (such as maps, scientific information, other source materials, etc.); and e. Determine whether there is a need for a preliminary site assessment. ABBREVIATED REVIEW ALTERNATIVES H. Minor Activities Allowed Without a Critical Areas Permit. The project may require a shoreline permit or shoreline exemption under other provisions of this title. This chapter shall be inapplicable to the following actions: 204 1. Maintenance of existing, lawfully established areas of crop vegetation, landscaping, paths, and trails or gardens within a regulated critical area or its buffer. Examples include: mowing lawns, weeding, garden crops, pruning, and planting of noninvasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas; 2. Minor maintenance and/or repair of structures that do not involve additional construction, earthwork or clearing. Examples include painting, trim or facing replacement, re -roofing, etc. Cleaning, operation and maintenance of canals, ditches, drains, waste ways, etc., is not considered additional earthwork, as long as the cleared materials are placed outside the stream corridor, wetlands, and buffers; 3. Low impact activities such as hiking, canoeing, viewing, nature study, photography, hunting, fishing, education or scientific research; 4. Creation of private trails that do not cross streams or wetlands that are less than two feet wide and do not involve placement of fill or grubbing of vegetation; 5. Maintenance and normal work of the Greenway pathway and grounds; 6. Planting of native vegetation; 7. Noxious weed control outside vegetative buffers identified in YMC 17.09.030(P) and 17.09.040(E); and 8. Noxious weed control within vegetative buffers, if the criteria listed below are met. Control methods not meeting these criteria may still apply for a restoration exemption, or other authorization as applicable: a. Hand removal/spraying of individual plants or other acceptable method approved by the administrative official; b. No area -wide vegetation removal/grubbing. I. Mitigation Requirements. 1. All mitigation shall be sufficient to maintain the functions and values of the critical area; 2. All development shall demonstrate that reasonable efforts have been examined to avoid and minimize impacts to critical areas; 3. When an alteration to a critical area is proposed, it shall be avoided, minimized, or mitigated for as specified in YMC 17.05.020(D): 4. If an alteration to a critical area is unavoidable, all adverse impacts to that critical area and its buffers shall be mitigated for in accordance with an approved mitigation plan and 205 mitigation for wetland impacts shall be mitigated in accordance with the Washington State Department of Ecology Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated); and 5. Mitigation shall be in kind and on site, whenever possible, and may be out of kind and/or off site when deemed appropriate by the shoreline administrator or designee. REVIEW PROCESS J. Application Submittal. 1. Applications for development authorizations under this chapter shall be made on forms provided by the department. Application submittals shall include a site plan drawn to an engineering scale of 1:20 showing: a. Dimensions of all sides of the parcel; b. Size and location of existing and proposed structures; c. Excavation, fill, drainage facilities, impervious surfaces, topography, slope; d. Other information as needed to determine the nature and scope of the proposed development; and e. Location of all critical areas. 2. The submittal shall also include all required critical areas reports prepared in conformance with subsections P and Q of this section. 3. To be complete, a critical area development authorization application must include all maps, drawings and other information or data specified by this chapter or requested on the basis of the pre-application conference (subsection G of this section). K. Determination of Review Process. 1. The shoreline administrator or designee shall determine from the application submittal, and other available information what type of permit(s) and/or review(s) will be required under this chapter. 2. Specific information of permit type, review and process can be found in subsequent sections of this chapter and in Chapter 17.13 YMC. L. Development Authorization—Review Procedure. Upon submittal and acceptance of a completed development authorization application, the shoreline administrator or designee shall process and review the application as follows, except permits or reviews under YMC 17.09.020 shall follow the development regulations and procedures of YMC 17.09.020. 206 1. Development authorizations shall be processed in accordance with statutory noticing requirements in YMC 17.13.030 and with specific requirements provided in Chapter 17.13 YMC, including but not limited to: a. Submittals; b. Completeness review; c. Notices; d. Hearings; e. Decisions; and f. Appeals. 2. In circumstances where a critical area is proposed to be altered, but the development otherwise requires only a shoreline exemption, the development must be reviewed and processed as a shoreline substantial development permit or a shoreline variance. 3. Development authorizations shall be reviewed in conformance with the applicable development standards of subsection R of this section and with YMC 17.09.030 through 17.09.060. 4. Decisions on a development authorization shall be consistent with subsections M and N of this section, and with any specific decision criteria provided under the section for each relevant permit type, as provided in Chapter 17.13 YMC and subsection R of this section. M. Authorization Decisions—Basis for Action. 1. In addition to meeting the shoreline permit-specific criteria in Chapter 17.13 YMC, the action on any development authorization under this chapter shall also be based upon the following criteria: a. Impact of the project to critical area features on and abutting the property; b. Danger to life or property that would likely occur as a result of the project; c. Compatibility of the project with the critical area features; d. Conformance with applicable development standards; e. Compliance with flood hazard mitigation requirements of YMC 17.09.020; f. Adequacy of the information provided by the applicant or available to the department. 2. Based upon the project evaluation, the shoreline administrator shall take one of the following actions: a. Grant the development authorization; 207 b. Grant the development authorization with conditions, as provided in subsection N of this section, to mitigate impacts to the critical area feature(s); or c. Deny the development authorization. 3. The decision by the shoreline administrator or designee shall include written findings and conclusions. N. Conditional Approval of Development Authorization. In granting any development authorization, the shoreline administrator or designee may impose conditions to: 1. Accomplish the purpose and intent of this chapter; 2. Eliminate or mitigate any identified negative impacts of the project; and 3. Protect critical areas from damaging and incompatible development. O. Fees and Charges. The Yakima city council shall establish the schedule of fees and charges listed in Chapter 15.26 YMC (Land Development Fees), for development authorizations, variances, appeals and other matters pertaining to this chapter. CRITICAL AREAS REPORTS P. Critical Areas Report Requirements. 1. The shoreline administrator or designee may require a critical areas report, paid for by the applicant, when it is determined necessary. 2. A qualified professional shall prepare the report consistent with most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern. The intent of these provisions is to require a reasonable level of technical study and analysis sufficient to protect critical areas. The analysis shall be appropriate to the value or sensitivity of a particular critical area and relative to the scale and potential impacts of the proposed activity. 3. The critical area report shall: a. Demonstrate the proposal is consistent with the purposes and standards of this chapter; b. Describe all potential risks to critical areas, and assess impacts on the critical area from the activities and uses proposed; and c. Identify mitigation and protective measures. 4. The critical areas report shall include information addressing the supplemental report requirements (see subsection Q of this section). 5. The shoreline administrator or designee shall review the critical areas report for completeness and accuracy and shall consider the recommendations and conclusions to 208 assist in making decisions on development authorizations, appropriate mitigation, and protective measures. 6. Critical areas reports shall be valid for a period of five years, unless it can be demonstrated that a previous report is adequate for current analysis. Reports prepared for adjacent properties may be utilized for current analysis only when it can be shown through a supplemental report or site investigation that conditions on site are unchanged. 7. The shoreline administrator or designee may require the preparation of a new critical area assessment or a supplemental report if the initial assessment is in error. 8. The shoreline administrator or designee may reject or request revision of the critical areas report when it can be demonstrated that the assessment is inaccurate, incomplete or does not fully address the critical areas impacts involved. 9. Applicants shall provide reports and maps to the city in both electronic and paper formats. In addition, all critical area delineations/maps shall be provided to the city by means of a GPS projected coordinate system data set as specified by the city of Yakima engineer. The city may waive this requirement for single -family developments. Applicants are encouraged to coordinate with the shoreline administrator or designee regarding electronic submittal guidelines. 10. At a minimum, a critical areas report shall include the following information: a. A site plan showing the proposed development footprint and clearing limits, and all relevant critical areas and buffers; b. A written summary of the critical areas, including their size, type, classification or rating, condition, disturbance history, and functions and values. For projects on or adjacent to geologically hazardous areas or areas subject to high floodwater depth or velocity the description shall identify the type and characteristics of the hazard; c. An analysis of potential adverse impacts and how they will be mitigated or avoided. Geologically hazardous areas are additionally required to assess the risks posed by the development to critical areas, public and private properties, and both associated and unassociated nearby facilities and uses; d. When impacts cannot be avoided, the report shall include a plan describing mitigation to replace critical area functions and values. For projects on or adjacent to geologically hazardous areas or areas subject to high floodwater depth or velocity, the mitigation shall additionally address the site, and other public and private properties, and both associated and unassociated nearby facilities and uses potentially affected; 209 e. The dates, names, and qualifications of the persons preparing the report and documentation of analysis methods including any fieldwork performed on the site; and f. Additional reasonable information requested by the shoreline administrator or designee. 11. A critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site. 12. The shoreline administrator or designee may limit the geographic area of the critical area report as appropriate. 13. Compensatory Mitigation Plans. When compensatory mitigation, as described in subsection I of this section, is proposed for wetland areas or stream channels, the applicant shall submit a mitigation plan as part of the critical area report, which includes: a. A written report identifying environmental goals and objectives of the proposed compensation including a description of: i. The anticipated impacts to the critical areas; ii. The mitigating actions proposed; iii. The purpose of the compensation measures, including site selection criteria; iv. The compensation goals and objectives; v. The desired resource functions; vi. Construction activities start and completion dates; and vii. Analysis of anticipated success of the compensation project; b. A review of the most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern supporting the proposed mitigation; c. A description of the report and the author's experience to date in restoring or creating the type of critical area report proposed; d. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating the goals and objectives to ensure the mitigation project has been successfully attained; e. Detailed Construction Documents. The mitigation documents shall include written specifications and plans describing the mitigation proposed, such as: i. The proposed construction sequence, timing, and duration; 210 ii. Grading and excavation details; iii. Erosion and sediment control features; iv. A planting plan specifying plant species, quantities, locations, size, spacing, and density; v. Measures to protect and maintain plants until established; and vi. Documents should include scale drawings showing necessary information to convey both existing and proposed topographic data, slope, elevations, plants and project limits; f. Monitoring Program. The mitigation plan shall include: i. A program for monitoring both construction of the compensatory project and its completion and survivability; ii. A plan which details how the monitoring data will be evaluated to determine if the performance standards are being met; iii. Reports as needed to document milestones, successes, problems, and contingency actions of the compensation project; and iv. Monitoring for a period necessary to establish that performance standards have been met, but not for a period less than five years; g. Contingency Plan. Identification of the potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met; h. Financial Guarantees. A financial guarantee ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with subsection (R)(1) of this section. 14. Innovative Mitigation. a. Advanced mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this section. One or more applicants, or an organization with demonstrated capability, may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist: i. Creation or enhancement of a larger system of critical areas and open space is preferable to the preservation of many individual habitat areas; ii. The applicant demonstrates the organizational and fiscal capability to act cooperatively; 211 iii. The applicant demonstrates that long-term management of the habitat area will be provided; iv. There is a clear potential for success of the proposed mitigation at the identified site; v. There is a clear likelihood for success of the proposed plan based on supporting scientific information and demonstrated experience in implementing similar plans; vi. The proposed project results in equal or greater protection and conservation of critical areas than would be achieved using parcel -by -parcel regulations and/or traditional mitigation approaches; vii. The plan is consistent with the general purpose and intent of this section; viii. The plan shall contain relevant management strategies which are within the scope of this section; and ix. The plan shall contain clear and measurable standards for achieving compliance with the purposes of this section, a description of how such standards will be monitored and measured over the life of the plan, and a fully funded contingency plan if any element of the plan does not meet standards for compliance. b. Conducting mitigation as part of a cooperative process does not reduce or eliminate the required wetland replacement ratios. c. Projects that propose compensatory wetland mitigation shall also use the standards in YMC 17.09.040(E). For those situations where a mitigation bank may provide an opportunity for mitigation, the requirements in YMC 17.09.040(F) shall apply. Q. Supplemental Report Requirements for Specific Critical Areas. 1. Stream Corridors. When a critical areas report is required for a stream corridor or hydrologically related critical area, it shall include the following: a. A habitat and native vegetation conservation strategy that addresses methods to protect the functional properties listed in YMC 17.09.030(E); and b. Where proposed construction lies within an immediate zone of potential channel migration, a hydrologic analysis report may be required. The report shall assume the conditions of the one -hundred -year flood, include on-site investigative findings, and 212 consider historical meander characteristics in addition to other pertinent facts and data. 2. Wetlands. When a critical areas report is required for wetlands, it shall include the following: a. The exact location of a wetland's boundary and wetland rating as determined through the performance of a field investigation by a qualified wetland professional applying the approved federal wetland delineation manual and applicable regional supplements and the Washington State Wetland Rating System for Eastern Washington, revised March 2007 (Ecology Publication Number 04-06-15, or as revised); b. All delineated wetlands and required buffers within two hundred feet of the project area shall be shown on the site plan. Available information should include, but not be limited to, aerial photos, land based photos, soils maps, or topographic maps; c. An analysis of the wetlands including the following site related information: i. A statement specifying the accuracy of the report and all assumptions made and relied upon; ii. Documentation of fieldwork performed on the site, including field data sheets for delineations, wetland rating forms, baseline hydrologic data, etc.; iii. A description of the methodologies used to conduct the wetland delineations, or impact analyses including references; and iv. Wetland category, including vegetative, faunal, and hydrologic characteristics; d. For projects that will affect the wetland or buffer, provide the following: i. A habitat and native vegetation conservation strategy that addresses methods to protect or enhance on-site habitat and wetland functions and values listed in YMC 17.09.040(D)(1) and 17.09.030(E); and ii. Mitigation sequencing, pursuant to YMC 17.05.020(D) to avoid, minimize, and mitigate impacts shall result in "no net loss" of acreage or functional values of wetlands and shall follow the guidance provided in YMC 17.09.040(E). 3. Geologically Hazardous Areas. When a critical areas report is required for a geologically hazardous area, it shall include the following: a. A description of the site features, including surface and subsurface geology; 213 b. A description of the geologic processes and hazards affecting the property, including a determination of the actual hazard types for any suspected and risk unknown hazards identified in the affirmative determination of hazard; c. A description of the vulnerability of the site to seismic and other geologic processes and hazards; and d. A description of any potential hazards that could be created or exacerbated as a result of site development; e. For developments in or affecting landslide hazard areas the report shall also include: i. Assessments and conclusions regarding slope stability including the potential types of landslide failure mechanisms (e.g., debris flow, rotational slump, translational slip, etc.) that may affect the site. The stability evaluation shall also consider dynamic earthquake loading and shall use a minimum horizontal acceleration as established by the current version of YMC Title (Building Code); ii. An analysis of slope recession rate shall be presented in those cases where stability is impacted by stream meandering or other forces acting on the toe of the slope; and iii. Description of the run -out hazard of landslide debris to the proposed development that starts upslope and/or the impacts of landslide run -out on downslope properties and critical areas. 4. Flood Hazards. Prior to authorization of any construction within a floodplain which can be anticipated to displace floodwaters or alter the depth or velocity of floodwaters during the base flood, an engineering report shall be prepared by a licensed engineer in the state of Washington that establishes any new flood elevations that would result for the one - hundred -year flood frequency if the project were implemented. R. General Critical Areas Protective Measures. The standards below apply to all permits and reviews performed under this chapter. 1. Financial Guarantees. Financial guarantees may be required to ensure mitigation, maintenance, and monitoring: a. When required mitigation pursuant to a development proposal is not completed prior to the city of Yakima's final permit approval, the shoreline administrator or 214 designee may require the applicant to post a financial guarantee to ensure that the work will be completed. b. If a development proposal is subject to compensatory mitigation, the applicant must post a financial guarantee to ensure mitigation is fully functional. c. All financial guarantees shall be in the amount of one hundred and twenty-five percent of the estimated cost of the uncompleted actions and/or the estimated cost of restoring the functions and values of the critical area that are at risk. d. The financial guarantee may be in the form of a surety bond, performance bond, assignment of savings account, irrevocable letter of credit guaranteed by an acceptable financial institution, or other form acceptable to the shoreline administrator or designee, with terms and conditions acceptable to the city of Yakima attorney. e. The financial guarantee shall remain in effect until the shoreline administrator or designee determines that the standards bonded for have been met. Financial guarantees for wetland or stream compensatory mitigation shall be held for a minimum of five years after completion of the work to ensure that the required mitigation has been fully implemented and demonstrated to function. f. If public funds have previously been committed for mitigation, maintenance, monitoring, or restoration, a financial guarantee will not be required. g. Failure to satisfy critical area requirements shall constitute a default, and the shoreline administrator and his or her designee may demand payment of any financial guarantee. h. Any funds recovered pursuant to this section shall be used to complete the required mitigation. Such funds shall be deposited in a separate account. The city of Yakima will use such funds to arrange for completion of the project or mitigation, and follow-up corrective actions. i. Depletion, failure, or collection of financial guarantees shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration. 2. Subdivision Standards. The following standards apply to all permits or reviews under the subdivision ordinance (YMC Title 14) that contain critical areas: a. All subdivisions that contain critical areas shall be eligible for density bonuses or other development incentives, as provided in the subdivision ordinance (YMC Title ) and zoning ordinance (YMC Title ); 215 b. Critical areas shall be actively protected through the following: i. Roads and utilities for the subdivision shall avoid critical areas and their buffers, as much as possible; ii. When geologically hazardous areas (excluding erosion, over -steepened slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA floodway, channel migration zone (CMZ), streams, wetlands and/or vegetative buffers fall within the boundary of a subdivision; (A) Said critical areas shall be protected by placing them entirely within a separate critical area tract or by including them entirely within one of the developable parcels. Other options, such as conservation easements and building envelopes, may be deemed appropriate by the shoreline administrator as meeting this provision when special circumstances obstruct the viability of this provision; (B) For those new lots that do contain said critical areas, useable building envelopes (five thousand square feet or more for residential uses) shall be provided on the plat that lies outside said critical areas; iii. New lots partially within the floodplain shall provide a usable building envelope (five thousand square feet or more for residential uses) outside the floodplain; iv. New lots entirely within the floodplain shall be at least one acre in area; v. For new lots containing streams, wetlands, and/or vegetative buffers, outdoor use envelopes shall be provided on the plat that lies outside said critical areas; vi. Degraded vegetative buffers shall be restored or provided with protection measures that will allow them to recover; vii. Floodplains and critical areas shall be depicted on preliminary subdivision plats and relevant information about them disclosed on the final plat; viii. Lots or parcels that lie entirely within geologically hazardous areas (excluding erosion, over -steepened slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA floodway, channel migration zone (CMZ), stream, wetland, and/or vegetative buffers may not be further divided. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.09.020 Flood hazard areas. GENERAL PROVISIONS 216 A. Flood Hazard Areas Established. The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA), accompanying flood insurance rate maps (FIRMs), flood boundary, and floodway maps, and any amendments thereto made by the Federal Emergency Management Agency, which are adopted by reference and declared to be part of this section and are established as flood hazard areas. The flood insurance study and maps are on file with the city of Yakima, Washington. B. Principles. This section recognizes the right and need of the river channel to periodically carry more than the normal flow of water and establishes regulations to minimize loss of life and property, restrict uses, and regulate structures consistent with the degree of flood hazard. In advancing the above principles, the intent of this section is to: 1. Alert the county assessor, appraisers, owners, potential buyers and lessees to the natural limitations of flood-prone land; 2. Meet the minimum requirements of the National Flood Insurance Program; and 3. Implement state and federal flood protection programs. C. Applicability. The guidelines and regulations set forth herein, YMC Title 11, and related building codes shall apply to all special flood hazard areas. 1. The provisions of this section shall apply to any development proposed in a special flood hazard area; 2. Flood hazard permits shall be approved by the city of Yakima. Approval shall only be granted in accordance with this section and other applicable local, state, and federal regulations; 3. Topographic, engineering and construction information necessary to evaluate the proposed project shall be submitted to the department for approval; and 4. The granting of a permit for any development or use does not constitute a representation, guarantee or warranty of any kind or nature by the city of Yakima, or its employees, of the practicality or safety of any structure or proposed use, and shall not create liability upon or cause action against the above-mentioned body, or employee, for any damage that may result. D. Documented Exemptions. The following uses and activities are exempt from the provisions of this section, but are not exempt from this SMP (this title) or related shoreline permit requirements in Chapter 17.13 YMC: 1. Any alteration of building, site, structure, district, or object listed in, or determined to be eligible for listing in, the National Register of Historic Places, the Washington Heritage 217 Register, the Yakima Register of Historic Places, or included in a state inventory of historic properties; 2. The installation and maintenance of aboveground utility transmission lines and poles; and 3. Private driveways, fences and other accessory activities and/or uses necessary for agricultural uses which the administrative official determines will not unduly decrease flood storage or capacity, significantly restrict floodwaters, create a substantial impoundment of debris carried by floodwaters, and will resist flotation and collapse. E. Interpretations. 1. In the interpretation and application of this section, the provisions shall be considered as minimum requirements; and shall be strictly construed in favor of the policies and standards herein; and deemed neither to limit nor repeal any other powers granted under state statute. Its provisions shall be applied in addition to and as a supplement to provisions of YMC Title 11, Buildings; Title 12, Development Standards; Title 14, Subdivisions; and Title 15, Yakima Urban Area Zoning Ordinance. Subsections A through AG of this section are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where these ordinances and other ordinances conflict or overlap, the standard imposing the more stringent requirement shall prevail. 2. In an interpretation as to an exact location of the boundaries of the special flood hazard areas (i.e., conflict between a mapped boundary and actual field conditions), the person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of the National Flood Insurance Program Section 60.6 (see 44 CFR cQ et seq. and IBC 104.1). F. Compliance. No structure or land shall hereafter be used, constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. G. Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside the area of special flood hazard or permitted uses within such area will not be subject to flooding or flood damage. 218 PROTECTION STANDARDS H. General Standards. The following regulations shall apply in all special flood hazard areas pursuant to the IBC, ASCE-24, and HUD 24 CFR Part 3280: 1. Anchoring and Construction Techniques. a. All new construction and substantial improvements shall be: i. Anchored to prevent flotation, collapse or lateral movement of the structure; and ii. Constructed using materials and utility equipment resistant to flood damage; and iii. Constructed using methods and practices that minimize flood damage; and iv. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. b. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over -the -top or frame ties to ground anchors (reference FEMA's Manufactured Home Installation in Flood Hazard Areas guidebook for additional techniques). Anchoring shall meet the specifications set forth below for structures located within one hundred feet of a floodway or the ordinary high water mark if no floodway has been established. c. All new construction and any improvements or additions to existing floodproofed structures that would extend beyond the existing floodproofing located within one hundred feet of the floodway or one hundred feet of the ordinary high water mark if no floodway has been established, shall be elevated to a height equal to or greater than the base flood, using zero -rise methods such as piers, posts, columns, or other methodology, unless it can be demonstrated that non -zero -rise construction methods will not impede the movement of floodwater or displace a significant volume of water. The size and spacing of any support devices used to achieve elevation shall be designed to penetrate bearing soil, and be sufficiently anchored, as specified above in subsection (H)(1)(a) of this section. 219 d. Except where otherwise authorized, all new construction and substantial improvements to existing structures shall require certification by a registered professional engineer, architect or surveyor that the design and construction standards are in accordance with adopted floodproofing techniques. 2. Utilities. All new and replacement water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 3. Subdivision Proposals. Subdivision proposals shall: a. Be consistent with the need to minimize flood damage; b. Have roadways, public utilities and other facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; c. Have adequate drainage provided to reduce exposure to flood damage; d. Include base flood elevation data; and e. In the cases where base flood elevation is not available and the subdivision is greater than five acres or fifty lots, a step-back water analysis shall be required to generate the base flood elevation data. 4. Watercourse Alterations. The flood-carrying capacity within altered or relocated portions of any watercourse shall be maintained. Prior to the approval of any alteration or relocation of a watercourse in riverine situations, the department shall notify adjacent communities, the Department of Ecology and FEMA of the proposed development. I. Specific Standards. In all special flood hazard areas where base elevation data has been provided as set forth in subsection A of this section, the following regulations shall apply, in addition to the general standards of subsection H of this section: 1. Residential Construction. (See IRC 323.2.) a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at a minimum to or above the base flood elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 220 i. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; ii. The bottom of all openings shall be no higher than one foot above grade; and iii. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. c. Residential construction within one hundred feet of a floodway, or the ordinary high water mark if no floodway has been established, shall also meet the requirements of subsection (H)(1)(c) of this section. 2. Nonresidential Construction (44 CFR 60.3(C)(3) and (4)). New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: a. Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans; and d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (I)(1)(b) of this section. 3. Manufactured Homes. Manufactured homes shall be anchored in accordance with subsection (H)(1)(b) of this section, shall have the lowest floor elevated to or above the base flood elevation, and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with subsection (H)(1)(b) of this section. 4. Recreational Vehicles. Recreational vehicles placed on sites are required to either: a. Be on the site for fewer than one hundred eighty consecutive days; 221 b. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or c. Meet the anchoring requirements of subsection (H)(1)(b) of this section. FLOODWAY FRINGE USES J. Permitted Uses. The following uses are permitted in the floodway fringe areas: 1. Permitted Uses. Any use permitted in the zoning district in accordance with YMC Title 15 and in the environment designation in accordance with this title, unless prohibited by subsection K of this section; that said use is in compliance with the flood hazard protection standards of YMC 17.09.020(H) and other applicable provisions of this Title and will have a negligible effect upon the floodway in accordance with the floodway encroachment provisions of YMC 17.09.020(J)(2). 2. All new encroachments, including fill, new construction and other development, if certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted upland of the established floodway fringe, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; 3. All new encroachments, including fill, new construction and other development if: c. The new encroachment is separated from the waterbody by an existing public roadway or legal development. d. The new encroachment is located in a residential zone with a density of greater than 1 unit per acre. 4. Utility Transmission Lines. Utility transmission lines shall be permitted when consistent with YMC Title 15 and where not otherwise inconsistent with this section; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway fringe or special flood hazard area, such transmission line shall conform to the following: a. Electric transmission lines shall cross floodway fringe and special flood hazard areas by the most direct route feasible. When support towers must be located within floodway fringe or special flood hazard areas, they shall be placed to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed. 222 b. Buried utility transmission lines transporting hazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet. Such burial depth shall be maintained within the floodway fringe or special flood hazard area to the maximum extent of potential channel migration as determined by hydrologic analyses. All such hydrologic analyses shall conform to requirements of YMC 17.05.060(C)(3)(c). c. Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features. d. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of nonhazardous materials. In such cases, applicants must demonstrate that line placement will have no appreciable effect upon flood depth, velocity or passage. Such lines shall be adequately protected from flood damage. e. Aboveground utility transmission line appurtenant structures, including valves, pumping stations or other control facilities, shall not be permitted in floodway fringe or special flood hazard areas except where no other alternative is available, or in the event a floodway fringe or special flood hazard location is environmentally preferable. This does not apply to domestic water and regional wastewater transmission pipes. In such instances, aboveground structures shall be located so that no appreciable effect upon flood depth, velocity or passage is created, and shall be adequately floodproofed. 5. Any use permitted in the zoning district in accordance with YMC Title 15, unless prohibited by YMC 17.09.020(J)(1-4) above may be permitted if a Critical Areas Report is prepared by a qualified individual, in accordance with this Title, that addresses whether the encroachment would have an adverse impact on fish and wildlife and/or floodplain functions. K. Prohibited Uses. The following uses are prohibited in the floodway fringe areas: 1. Any structure, including manufactured homes and the expansion of manufactured home/parks, designed for or to be used for human habitation of a permanent nature (including temporary dwellings authorized by YMC 15.04.130 and 15.04.140) that does not meet the criteria in YMC 17.09.020(J)(1-5); 2. Any Any new encroachments, including fill, new construction and other development, unless certification by a registered professional engineer is provided 223 demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted upland of the established floodway fringe, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway fringe, or result in any increase in flood levels during the occurrence of the base flood discharge; 3. Construction or reconstruction of residential structures within the designated floodway fringe, except for: a. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and b. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the assessed value of the structure either: 1. Before the repair, reconstruction or improvement is started; or 2. If the structure has been damaged and is being restored, before the damage occurred. c. Work done on structures to correct existing violations of existing health, sanitary or safety codes, or to structures identified as historic places, shall not be included in the fifty percent. d. If subsection 2 of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Part Four. FLOODWAY USES L. Permitted Uses. Permitted uses include any use permitted in the zoning district in accordance with YMC Title 15 and in the environment designation in accordance with this title; provided, that said use is in compliance with the flood hazard protection standards of subsections H and I of this section, YMC 17.05.060 and other applicable provisions of this title, and will have a negligible effect upon the floodway as certified by a registered professional engineer through hydrologic and hydraulic analysis performed in accordance with standard engineering practice. The analysis must demonstrate that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not: 1. Materially cause water to be diverted from the established floodway; 2. Cause erosion; 3. Obstruct the natural flow of water; 4. Reduce the carrying capacity of the floodway; or 5. Result in any increase in flood levels during the occurrence of the base flood discharge. M. Prohibited Uses. The following uses/developments are prohibited in the floodway: 224 1. Any structure, including manufactured homes, designed for or to be used for human habitation of a permanent nature (including temporary dwellings authorized by YMC 15.04.130 and 15.04.140); 2. Any encroachments, including fill, new construction and other development unless demonstrated by a registered professional engineer through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; 3. Aboveground utility transmission line appurtenant structures, including valves, pumping stations, or other control facilities, shall not be permitted in the floodway, except for domestic water and regional wastewater facilities where necessary; 4. Where a floodway has not been determined by preliminary Corps of Engineers' investigations or official designation, a floodway shall be defined by qualified engineering work by the applicant on the basis of a verified one -hundred -year flood event; 5. Construction or reconstruction of residential structures within designated floodways, except as allowed under Chapter YMC; 6. The construction or storage of any object subject to flotation or movement during flood level periods; 7. The following uses, due to their high degree of incompatibility with the purpose of establishing and maintaining a functional floodway, are specifically prohibited: a. The filling of wetlands, except as authorized under YMC 17.09.030, Fish and wildlife habitat and the stream corridor system, and YMC 17.09.040, Wetlands; b. Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and/or materials; and c. Damming or relocation of any watercourse that will result in any downstream increase in flood levels during the occurrence of the base flood discharge (see YMC 17.09.030(J)). 8. The listing of prohibited uses in this section shall not be construed to alter the general rule of statutory construction that any use not permitted is prohibited. 225 N. Nonconforming Uses and Structures. Existing structures and uses within the special flood hazard areas established by this section or amendments thereto, which were lawful before these sections were adopted or amended, but which would be prohibited, or restricted under the terms of this section or future amendment, are governed under Chapter 17.11 YMC. FLOOD HAZARD PROTECTION ADMINISTRATION O. Administration. The building official is vested with the duty of administering the rules and regulations relating to flood hazard protection in accordance with the provisions of this section and may prepare and require the use of such forms as are essential to such administration. P. Authority. Upon application, the building official shall have the authority to grant a flood hazard permit when compliance with the applicable conditions as set forth in this section and in other applicable local, state and federal regulations has been demonstrated and the proposal is found to be consistent with the purpose of the policies of the critical areas ordinance. Q. Permit—Required. Prior to any development within a special flood hazard area, a flood hazard permit shall be obtained. This permit may be in addition to the critical area development authorization as set forth in YMC 17.09.010, and any applicable shoreline permit as set forth in Chapter 17.13 YMC. R. Permit—Application. All persons applying for a flood hazard permit shall submit a written application, accompanied by an application fee as specified in YMC Title 11, using the forms supplied. The application shall not be considered complete until the following minimum information is provided as identified below and in YMC 15.11.040: 1. Name, address and telephone number of applicant and property owner if different; 2. Project description and taxation parcel identification number; 3. Name of the stream or body of water associated with the floodplain in which the development is proposed; and 4. Site plan map drawn to an engineering scale showing: a. Actual dimensions and shape of the parcel to be built on; b. Sizes and location of existing structures on the parcel; c. Location and dimensions of the proposed development, structure or alteration; d. Location, volume and type of any proposed fill; and e. The application shall include other information as may be required by the shoreline administrator to clarify the application for the enforcement of this section. S. Permit—Review. Flood hazard permit applications will be reviewed to determine: 1. The elevation and floodproofing requirements of this section; 226 2. The proposed development's location in relation to the floodway and any encroachments (subsection (M)(2) of this section); 3. Alteration or relocation of a watercourse (subsection (H)(4) of this section); 4. That the proposed development is a permitted use under this section and YMC Title 15; and 5. That all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. T. Use of Available Data. When base flood elevation data has not been provided in accordance with subsection A of this section, Flood Hazard Areas Established, the city shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer subsections I and M of this section and YMC 17.13.150. U. Limitations. Permits issued on the basis of plans and applications approved by the shoreline administrator authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized is a violation of this section and punishable as provided by YMC 17.13.150. V. Permit—Expiration and Cancellation. If the work described in any permit has not begun within one hundred eighty days from the date of issuance thereof, the permit shall expire and be canceled by the building official. W. Performance Bonds. 1. The city may require bonds in such form and amounts as may be deemed necessary to assure that the work shall be completed in accordance with approvals under this section. Bonds, if required, shall be furnished by the property owner, or other person or agent in control of the property. 2. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the city in an amount equal to that which would be required in the surety bond. X. Appeals. The decision to grant, grant with conditions, or deny a flood hazard permit shall be final and conclusive unless the applicant appeals the decision pursuant to the procedure established for appeals in YMC 17.13.120. Y. Coordination. Upon application, the building official shall have the authority to grant a flood hazard permit when compliance with the applicable conditions as set forth in this section and in 227 other applicable local, state and federal regulations has been demonstrated and the proposal is found to be consistent with the purpose of this chapter. ELEVATION AND FLOODPROOFING CERTIFICATION Z. Applicability. Certification for elevation or floodproofing shall be required only for the new construction or substantial improvement of any residential, commercial, industrial, or nonresidential structure located in a special flood hazard area. AA. Certification Form. The form of the elevation and floodproofing certificate shall be specified by the administrative official and shall be generally consistent with that required by FEMA for the administration of the National Flood Insurance Program. AB. Information To Be Obtained and Maintained. The elevation and floodproofing certificate shall verify the following flood hazard protection information: 1. The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. The actual elevation in relation to mean sea level of floodproofing of all new or substantially improved nonresidential floodproofed structures; and 3. Where a base flood elevation has not been established according to subsection A of this section, or where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. AC. Certification Responsibility. The project proponent shall be responsible for providing required certification data to the administrative official prior to the applicable construction inspection specified in the certification form. All elevation and floodproofing data specified in subsection AB of this section must be obtained and certified by a registered professional engineer, architect, or surveyor. The elevation and floodproofing certification shall be permanently maintained by the administrative official. FLOOD HAZARD VARIANCES AD. Procedure. Any person seeking a variance from the requirements of this section authorized under subsection AE of this section shall make such request consistent with the procedures established in Chapter 17.13 YMC. AE. Variance Limitations. 228 1. Variances shall be limited solely to the consideration of: a. Elevation requirements for lowest floor construction; b. Elevation requirements for floodproofing; and c. The type and extent of floodproofing. 2. Variances shall not be considered for any procedural or informational requirements or use prohibitions of this section. AF. Conditions for Authorization. In addition to demonstrating consistency with the shoreline variance criteria in YMC 17.13.080, the applicant for a variance to the provisions of this section shall show that: 1. There are special circumstances applicable to the subject property or to the intended use, such as size, topography, location or surroundings, that do not apply generally to other property in the same vicinity and zone; 2. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located; 3. Such a variance is the minimum necessary, considering the flood hazard, to afford relief; 4. Failure to grant the variance would result in exceptional hardship to the applicant; and 5. The granting of such a variance will not result in: a. Increased flood heights; b. Additional threats to public safety; c. Creation of nuisances; d. Extraordinary public expense; or e. Conflicts with other existing local laws or ordinances. AG. Federal Flood Hazard Map Correction Procedures. The procedures for federal flood hazard map correction, as provided in federal regulations CFR 70 of the National Insurance Program are hereby adopted by reference. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.09.030 Fish and wildlife habitat conservation areas. A. Purpose and Intent.. Policies and standards to help conserve and protect fish and wildlife habitat conservation areas are designed to accomplish the following: 1. Meet the requirements of the Shoreline Management Act (Chapter 90.58 RCVV) regarding best available science that is applicable to the issues of concern; 2. Require consideration of alternatives for necessary development, construction, and uses within fish and wildlife habitat conservation areas; 229 3. Prevent decline in the quantity and quality of surface and subsurface waters; 4. Conserve, restore, and protect fish and wildlife habitats, vegetation, and ecological relationships; 5. Protect fish and wildlife habitat conservation areas from the potential negative effects of development through coordinated land use planning; and, 6. Protect fish and wildlife habitat conservation areas through voluntary agreements or government incentives. B. Protection Approach. 1. To maintain fish and wildlife habitat, there must be adequate environmental conditions for reproduction, foraging, resting, cover, and dispersal of animals. Factors affecting both habitat and its quality include the presence of essential resources such as food, water, cover, and lack of disturbance and diseases. The city of Yakima protects fish and wildlife habitat through: a. Designation of fish and wildlife habitat conservation areas; and b. Application of development standards based on best available science to proposed activity and development in or near fish and wildlife habitat conservation areas. DESIGNATION AND MAPPING C. Designation: Fish and wildlife habitat conservation areas are those habitat areas that meet any of the criteria listed below: 1. Areas with which state and federal endangered, threatened, and sensitive species have a primary association; 2. Habitats and species of local importance; 3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; 4. Waters of the state, including any required buffers and associated Federal Emergency Management Agency-mapped floodplains and floodways; 5. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; and 6. State natural area preserves, natural resource conservation areas, and state wildlife areas. D. Habitat and Habitats of Local Importance. 1. All species and habitats identified by WDFW's Priority Habitats and Species program that may be found in the city of Yakima are designated as fish and wildlife habitat conservation areas and afforded protection under this chapter. 2. Species and habitats of local importance may be identified for protection under this chapter. State or local agencies, individuals or organizations may identify and nominate for consideration specific species and habitats, or a general habitat type, including streams, 230 ponds or other features. Proponents shall have the burden of presenting evidence concerning the criteria set forth below. The nomination shall be processed once a year through the annual comprehensive plan amendment cycle. a. The decision for changes to species and habitats of local importance shall consider: i. Concern due to population status; ii. Sensitivity to habitat manipulation; iii. Importance to the local community; and iv. Criteria used to identify state priority species, which include: (A) State candidate species that are defined by WDFW Policy M-6001 to include fish and wildlife species that WDFW will review for possible listing as state endangered, threatened, or sensitive; (B) Vulnerable aggregations, which includes those species or groups of animals susceptible to significant population declines, within a specific area, by virtue of their inclination to aggregate; (C) Species of recreational, commercial, and/or tribal importance that are vulnerable; and (D) The economic impact both positive and negative to the applicant's property or surrounding property. Economic impact is to be determined by a properly qualified individual or firm using industry standards. b. Nominated habitats and habitats for species of local importance shall consider the following and must include maps to illustrate the proposal: i. A seasonal range or habitat element which, if altered, may reduce the likelihood that the species will maintain or reproduce over the long term; ii. Areas of high relative density or species richness, breeding habitat, winter range, and movement corridors; iii. Habitat with limited availability or high vulnerability to alteration; and iv. Whether these habitats are already identified and protected under the provisions of this or other local ordinances or state or federal law. c. Habitat management recommendations shall be included for use in the administration of this section. 3. Development Standards. Projects located within habitats of local importance, or within 200 feet of species of local importance, as designated in subsection (D)(1) of this section, 231 shall comply with the applicable development standards in subsections I through P of this section. In addition, projects shall be designated using management recommendations established for the species or habitat by federal and state agencies, or those adopted for species and habitats of local importance by the city of Yakima. The department shall consider the extent such recommendations are used in its decision on the proposal, and may consider recommendations and advice from agencies with expertise. E. Functional Properties. 1. Aquatic fish and wildlife habitat conservation areas require a sufficient riparian area to support one or more of the following functional properties: a. Stabilizing banks; b. Providing a sufficient shade canopy to maintain water temperatures that support fish and their habitat; c. Moderating the impact of stormwater runoff; d. Filtering solids, nutrients and harmful substances; e. Preventing surface erosion; f. Providing and maintaining migratory corridors for wildlife; g. Providing food in the form of various insects and other benthic macroinvertebrates; h. Supporting a diversity of wildlife habitats; or i. Allowing for the natural occurrence of woody debris and organic matter to collect in the aquatic environment. 2. Stream channels assist in one or more of the following functional properties: a. Groundwater recharge and/or discharge; b. Water transport; c. Sediment transport and/or storage; d. Biochemical functions; e. Channel migration and the protection of habitats; or f. Food and habitat. 3. Lakes, ponds and wetlands generally provide similar functions and generally provide one or more of the following functional properties: a. Biogeochemical functions that improve water quality; b. Hydrologic functions maintaining the water regime in a watershed (flood flow attenuation, decreasing erosion, and groundwater recharge); or 232 c. Food and habitat. 4. Floodplains generally provide one or more of the following functional properties: a. Floodwater storage; b. Floodwater passage and the movement of high -velocity waters; c. Sediment storage and recruitment; d. Food and habitat; e. Nutrient sink and/or source; or f. Groundwater recharge and discharge. 5. Habitat for wildlife consists of the arrangement of food, water, cover, and space. Wildlife habitat generally includes one or more of the following functional properties: a. Reproduction and/or nesting; b. Resting and refuge; c. Foraging for food; or d. Dispersal and migration. 6. Some functions require larger areas, which may not be achievable due to existing development and construction constraints, especially in urban areas. In these instances, adjustments to the minimum standards to accommodate such constraints may be necessary. Where adjustments may be necessary, reductions of standards should be offset by enhancement, restoration or preservation measures which replace the lost functions or values or strengthen other functional values if replacement is not possible. F. Water Typing System. For purposes of this chapter, the city of Yakima hereby adopts a stream, lake and pond typing system, for those features designated as critical areas in subsection C of this section as follows: 1. Type 1 waters are those waters, within their ordinary high water mark (OHWM), meeting the criteria as "shorelines of the state" and "shorelines of statewide significance" under Chapter 90.58 RCW. Other waters associated with Type 1 waters are not considered Type 1 waters; 2. Type 2 waters are those perennial, salmon -bearing surface water features which require protection due to the nature of their contributions to the functional properties listed in subsection E of this section and are considered "streams, lakes and/or ponds of local importance," as listed in Appendix B of this title; 3. Type 3 waters include all perennial non -salmonid -bearing streams within the city of Yakima not classified as Type 1 or 2 (see YMC 17.01.090, "perennial stream"); 233 4. Type 4 waters are all non-fish bearing intermittent streams within the city of Yakima not classified as Type 1, 2 or 3 (see YMC 17.01.090, "intermittent stream"); 5. Type 5 waters are all ephemeral streams within the city of Yakima not classified as Type 1, 2, 3 or 4. Type 5 streams are not regulated as streams (see YMC 17.01.090, "ephemeral stream"); and 6. Lakes and Ponds. a. Lakes and ponds not designated as a shoreline that receive water from the OHWM of a Type 2, 3, or 4 stream shall have the same surface water type as the highest stream type from which the lake or pond receives water. b. Natural lakes and ponds, not designated as a shoreline, that do not receive water from the OHWM of a Type 1, 2, 3, or 4 stream shall be Type 3 ponds. H. Maps. Certain fish and wildlife habitat and conservation areas have been inventoried and are depicted on a series of paper and electronic maps. The maps do not officially define the extent or characteristics of specific critical areas, but rather the potential physical boundaries and characteristics. Maps may be both regulatory and nonregulatory in nature as described below: 1. Regulatory maps include any floodway or floodplain identified as a special flood hazard area by the Federal Emergency Management Agency (FEMA) as identified in the flood insurance studies (FIRMs). 2. Informational maps indicate the approximate presence, location and/or typing of the potential critical area. Informational maps include, but are not limited to, the following: a. Wetlands; b. Streams; c. Channel migration zone; and d. Species and habitats of local importance. Note: This map will be generated at such a time when the city of Yakima formally adopts a species or habitat of local importance. 3. Other nonregulatory information sources include maps or other data sources, but are not limited to: a. Comprehensive flood hazard management plans; b. Soil survey of the city of Yakima; c. Surface geologic maps; d. Historic and current aerial photo series; and 234 e. Geohydraulic studies—geologic cross-sections showing aquifers and confining units. GENERAL DEVELOPMENT STANDARDS I. Prohibited Uses. The following uses and activities are prohibited within a designated fish and wildlife habitat conservation area: 1. Storage, handling, and disposal of material or substances that are dangerous or hazardous with respect to water quality and life safety; 2. The placement of mining tailings, spoilage, and mining waste materials, except for that associated with the mining of gravel; 3. The draining or filling of a wetland, lake or pond, except as provided for in YMC 17.07.060(B); 4. The removal and transport of material for fill outside of the stream corridor; 5. Site runoff storage ponds, holding tanks and ponds, and other similar waste disposal facilities. Note: This provision does not include regional wastewater plant facilities, collection pipes, septic systems approved by a local or state agency, and other related facilities; 6. Solid waste disposal sites; 7. Automobile wrecking yards; 8. Fill for the sole purpose of increasing land area within the stream corridor; 9. Uses located within the floodway fringe that are listed in YMC 17.09.020(K); and 10. Uses located within the floodway that are listed in YMC 17.09.020(M). J. General Policies and Standards. The following policies and standards shall apply to any development, construction, or use carried out within a designated hydrologically related critical area: 1. The ordinary high water mark of a stream or lake, and the edge of a wetland, shall be marked on the ground before any development, construction, or use is initiated; 2. Existing vegetation and any vegetative species pertinent to the critical area identified on the project site within the stream corridor shall only be disturbed to the minimum extent possible; 3. Nesting areas and other sensitive habitat identified within a stream corridor shall be disturbed to the minimum extent possible; 4. Projects within the stream corridor shall be scheduled to occur at times and during seasons having the least impact to spawning, nesting, or other sensitive wildlife activities. 235 Scheduling recommendations from the appropriate state and/or federal agency may be considered; 5. The following measures are incorporated into stormwater permits approved by a local, state or federal agency and transportation projects using the Stormwater Management Manual for Eastern Washington. Developments that do not require a stormwater permit shall also incorporate the following elements into project design: a. Excavation, grading, cut/fills, compaction, and other modifications which contribute to erosion of soils shall be confined to the minimum necessary to complete the authorized work and avoid increased sediment load; b. The removal of ground-cover vegetation, excavation, and grading shall be scheduled for periods when soils are the least vulnerable to erosion, compaction and movement unless suitable protective measures are used to prevent erosion; c. Increases in impervious surface area, compaction of soil, changes in topography, and other modifications of land within a stream corridor shall provide on-site facilities for detention, control, and filtration if potential increases have been identified to occur; d. The discharge point for controlled stormwater runoff shall be designed and constructed to avoid erosion; and e. Matting or approved temporary ground cover shall be used to control erosion until natural vegetative ground cover is successfully established; 6. Prior to the approval of development, construction, or uses within a designated stream corridor, any existing source of biochemical or thermal degradation identified as originating on the project property shall be corrected; 7. Facilities which use fertilizers, pesticides or herbicides shall use landscaping, low-risk products, application schedules, and other protective methodology to minimize the surface and subsurface transfer of biochemical materials into the stream corridor; 8. Modifications to natural channel gradient, channel morphology, drainage patterns, and other stream features shall not permanently alter or obstruct the natural volume or flow of surface waters; 9. Development, construction, or uses within the stream corridor shall not alter or divert flood flows, cause channel shift, erosion, and increase or accelerate the flooding of upstream or downstream flood hazard areas; 236 10. Structures placed in close proximity to the outer edge of bends in stream channels shall be located to minimize the hazard from stream undercutting and stream bank erosion stemming from potential future stream migration; 11. The Department of Ecology and adjacent communities shall be notified prior to any alteration or relocation of a watercourse and evidence of such notification shall be submitted to the Federal Emergency Management Agency; 12. Maintenance shall be provided for the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished; 13. Development shall not obstruct, cut off, or isolate stream corridor features; 14. Nothing in these regulations shall constitute authority of any person to trespass or in any way infringe upon the rights of private ownership; 15. Projects located within the floodway must meet the requirements of YMC 17.09.020(L); and 16. Any portion of the vegetative buffer temporarily damaged or disturbed as a result of construction activities (excluding approved permanent use areas) shall be repaired at the completion of construction using the reclamation found in subsection Q of this section. WATER DEPENDENCY DEVELOPMENT STANDARDS AND BUFFER REQUIREMENTS K. Use Classifications. For purposes of this section, the components of any development, construction, or use requiring a critical area development authorization shall be classified as provided below, and shall conform to the development standards applicable to the classification provided in subsections L through 0 of this section: 1. Water-oriented uses are one of the following three categories of uses, as defined in YMC 17.01.090: water-dependent, water-related, or water-enjoyment, or a combination of such uses. 2. Nonwater-oriented uses include any use not qualifying as uses in subsection (K)(1) of this section. L. Water-Dependent Uses. The following provisions shall apply to water-dependent uses: 1. Structures shall be clustered at locations on the water's edge having the least impact to the surface water and shore. 2. Use areas and structures which require direct shore locations shall be located and constructed to minimize impacts to the shore area and the vegetative buffer specified in subsection P of this section. 237 3. Use areas and structures requiring direct shore locations shall minimize any obstruction or impairment of normal public navigation of the surface water. M. Water -Related Uses. The following provisions shall apply to water -related uses: 1. Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge as is possible and still preserve the essential or necessary relationship with the surface water. 2. Structures and use areas shall not be located within the vegetative buffer specified in subsection P of this section except where existing development or the requirements associated with the use make such a location unavoidable. N. Water -Enjoyment Uses. The following provisions shall apply to water -enjoyment uses: 1. Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge as is possible and still preserve the essential or necessary relationship with the surface water. 2. Structures and use areas may be located within the vegetative buffer specified in subsection P of this section; provided, that the location and construction shall be conducted to minimize impacts to the shore area and the vegetative buffer. O. Nonwater-Oriented Uses. The following provisions shall apply to nonwater-oriented uses: 1. Structures and use areas shall be set back so as not to be located within the vegetative buffer specified in subsection P of this section. 2. Construction abutting the vegetative buffer specified in subsection P of this section shall be designed and scheduled to ensure there will not be permanent damage or loss of the vegetative buffer. P. Vegetative Buffers. The establishment of a vegetative buffer system is necessary to protect the functions and values of streams, lakes, and ponds ( Table 09.030-1) See YMC 17.09.040 for wetland buffer regulations. 1. Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes, and ponds. The width of the buffer shall be determined according to the water type. 2. The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetative community within the buffer zone that is deemed adequate to protect the identified critical area. a. If the vegetation is degraded, then revegetation may be considered with any adjustment to the buffer width. 238 b. Where the use is being intensified, a degraded buffer may be revegetated to maintain the standard width. Table 09.030-1. Standard Stream Buffers Stream Type Buffer Width Type 1 shoreline streams lakes, and ponds High Intensity: Streams: 75' Lakes: 50' Essential Public Facilities: 100' Floodway/CMZ: 100' Shoreline Residential: Streams: 80' Lakes: 20' Urban Conservancy: 100' Type 2 75' Type 3 65' Type 4 50' Type 5 streams (ephemeral) No buffer standards. Type 5 streams are not regulated as streams, but may be protected under geologically hazardous area, floodplain, stormwater, construction, grading or other development regulations. 3. Where a legal y established road or railway crosses a shoreline or critical area buffer, the shoreline administrator may approve a modification of the minimum required buffer width to the waterward edge of the improved road if a study submitted by the applicant and prepared by a qualified professional demonstrates that the part of the buffer on the upland side of the road sought to be reduced: a. Does not provide additional protection of the shoreline waterbody; and b. Provides insignificant biological, geological or hydrological buffer functions relating to the waterward portion of the buffer adjacent to the shoreline waterbody. If the improved roadway corridor is wider than twenty feet, a study is not required. 239 4. Buffer averaging to improve stream protection may be permitted when all of the following conditions are met: a. The stream or riparian corridor has significant differences in characteristics that affect its habitat functions. b. The buffer is increased adjacent to the higher -functioning area of habitat or more sensitive portion of the stream and decreased adjacent to the lower -functioning or less sensitive portion as demonstrated by a critical areas report from a qualified professional. c. The total area of the buffer after averaging is equal to the area required without averaging. d. The buffer at its narrowest point is never less than three-quarters of the required width. 5. Buffer averaging to allow reasonable use of a parcel may be permitted when all of the following are met: a. There are no feasible alternatives to the site design that could be accomplished without buffer averaging. b. The averaged buffer will not result in degradation of the stream or riparian corridor's functions and values as demonstrated by a critical areas report from a qualified professional. c. The total buffer area after averaging is equal to the area required without averaging. d. The buffer at its narrowest point is never less than three-quarters of the required width. 6. All other proposals to reduce a stream buffer may only be approved through the shoreline variance process. Q. Reclamation. The following guidelines shall apply to the reclamation of disturbed sites resulting from development activities within a designated hydrologically related critical area: 1. Development, construction, or uses shall include the timely restoration of disturbed features to a natural condition or to a stabilized condition that prevents degradation; 2. Large-scale projects that extend over several months shall be phased to allow reclamation of areas where work or operations have been completed; 3. Reclamation shall be scheduled to address precipitation, meltwater runoff, the growing season, and other seasonal variables that influence restoration and recovery; 240 4. Topography shall be finished to grades, elevations, and contours consistent with natural conditions in adjacent and surrounding areas; 5. Where existing development and construction prevent return of a site to its natural condition, sites may be finished to conditions comparable to surrounding properties provided suitable protective measures are used to prevent stream corridor degradation; 6. Cut -and -fill slopes shall be stabilized at, or at less than, the normal angle of repose for the materials involved; 7. For the replacement or enhancement of vegetation within wetlands and required vegetative buffers naturally occurring, native plant species shall be used; and 8. In other parts of the stream, naturally occurring, native plant species shall be used, unless a showing of good cause acceptable to the administrative official or designee is provided. Should good cause be shown, then self -maintaining or low -maintenance plant species compatible with the native vegetation shall be used in place of nonnative and high -maintenance species. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.09.040 Wetlands. A. Purpose and Intent. The purpose and intent of the provisions protecting wetland critical areas is equivalent to the purpose and intent for YMC 17.09.030. B. Designating and Mapping. 1. Wetlands shall be delineated using the procedure outlined in the approved federal wetland delineation manual and applicable regional supplements. 2. Wetlands are all areas meeting the definition for wetlands as defined in YMC 17.01.090 and are hereby designated critical areas which are subject to this chapter, except the following: a. Irrigation systems that create an artificial wetlands; and b. Areas where changes in irrigation practices have caused wetland areas to dry up. 3. The approximate location and extent of wetlands are shown on maps maintained by the city of Yakima. These maps may include information from the National Wetlands Inventory produced by the U.S. Fish and Wildlife Service and are to be used as a guide for the city of Yakima. 241 C. Protection Approach. Wetlands will be protected using the protection approach for hydrologically related critical areas found in YMC 17.09.030(B). Wetlands and their functions will be protected using the standards found in this section and in YMC 17.09.030. D. Wetland Functions and Rating. 1. Wetlands are unique landscape features that are the interface between the aquatic and terrestrial environments. Wetlands provide the following functions: a. Biogeochemical functions, which improve water quality in the watershed (such as nutrient retention and transformation, sediment retention, metals, and toxics retention and transformation). b. Hydrologic functions, which maintain the water regime in a watershed, such as: flood flow attenuation, decreasing erosion, and groundwater recharge. c. Food and habitat functions, which include habitat for invertebrates, amphibians, anadromous fish, resident fish, birds, and mammals. 2. Wetlands shall be rated based on categories that reflect the functions and values of each wetland and shall be based on the criteria provided in the Washington State Wetland Rating System for Eastern Washington, revised October 2014 (Ecology Publication Number 14-06-030, or as revised) which are summarized below. a. Category I wetlands are those that 1) represent a unique or rare wetland type; or 2) are more sensitive to disturbance than most wetlands; or 3) are relatively undisturbed and contain ecological attributes that are impossible to replace in a human lifetime; or 4) provide a high level of functions. Risk of any degradation to these wetlands must be avoided because their functions and values are too difficult to replace. Generally, these wetlands are not common and make up a small percentage of the wetlands in the region. b. Category II wetlands are difficult but not impossible to replace and provide high levels of some functions. These wetlands occur more commonly than Category 1 wetlands, but still need a relatively high level of protection. c. Category III wetlands are wetlands with a moderate level of functions and can often be adequately replaced with a well-planned mitigation project. These wetlands generally have been disturbed in some ways and are often Tess diverse or more isolated from other natural resources in the landscape than Category II wetlands. d. Category IV wetlands have the lowest levels of functions and are often heavily disturbed. These are wetlands that should be able to be replaced and, in some cases, improved. However, experience has shown that replacement 242 cannot be guaranteed in any specific case. These wetlands may provide some important functions and also need to be protected. 3. Wetlands shall be rated as they exist on the day of project application submission. Information regarding the original condition of illegally modified wetlands that cannot be discerned from aerial photographs or other reliable information sources shall use the highest appropriate points value within each missing data field of the WRSEW rating sheet to complete the rating. E. Wetland Buffers. 1. Buffer Requirements. The following buffer widths have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified professional using the Washington State Wetland Rating System for Eastern Washington: 2014 Update (Ecology Publication #14-06-030, or as revised). The adjacent land use intensity is assumed to be high. 8. For wetlands that score 5 points or more for habitat function, the buffers in Table 27.6-1 can be used if both of the following criteria are met: c. A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other Priority Habitats as defined by the Washington State Department of Fish and Wildlife (http://wdfw.wa.gov/hab/phshabs.htm). The corridor must be protected for the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, Table 27.6-1 may be used with the required measures in Table 27.6-2 alone. d. The measures in Table 27.6-2 are implemented, where applicable, to minimize the impacts of the adjacent land uses. 9. For wetlands that score 3-4 habitat points, only the measures in Table 27.6-2 are required for the use of Table 27.6-1. 10. If an applicant chooses not to apply the mitigation measures in Table 27.6-2, or is unable to provide a protected corridor where available, then Table 27.6-3 shall be used. 11. The buffer widths in Table 27.6-1 and 27.6-3 assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate 243 plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. Table 27.6-1: Wetland Buffer Requirements if Table 27.6-2 is implemented and corridor provided Wetland Category Category 1: Based on total score Category 1: Forested Category 1: Bogs and Wetlands of High Conservation Value Category 1: Alkali Category II: Based on total score Category II: Vernal Pool Category II: Forested Category III (all) Category IV (all) Buffer Width (feet) based on habitat score 3-4 5 6-7 8-9 75 90 120 150 75 90 120 150 190 150 75 90 120 150 150 75 90 120 150 60 90 120 150 40 Table 27.6-2: Required measures to minimize impacts to wetlands 244 Disturbance Lights Noise Toxic Runoff Stormwater Runoff Changes in water regime Pets and human disturbance Dust Required Measures to Minimize Impacts • Direct lights away from wetland • Locate activity that generates noise away from wetland • If warranted, enhance existing buffer with native vegetation for 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 -feet heavily vegetated buffer strip immediately adjacent to the outer wetland buffer. • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 -feet of wetland • Apply integrated pest management • Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Use Low Intensity Development techniques • Infiltrate or treat, detain, an disperse into buffer new runoff from impervious surfaces and new lawns. • Use privacy fencing OR plan dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion • Place wetland and its buffer in a separate tract or protect with a conservation easement • Use best management practices to control dust Table 27.6-3: Wetland Buffer Requirements if Table 27.6-2 is NOT implemented and corridor NOT provided 245 Buffer Width (feet) based on habitat score Wetland Category 3-4 5 6-7 8-9 Category 1: Based on 100 130 180 200 total score Category 1: Forested 100 130 180 200 Category 1: Bogs and Wetlands of High Conservation Value Category 1: Alkali Category II: Based on total score Category II: Vernal Pool Category II: Forested Category III (all) Category IV (all) 250 200 100 130 180 200 200 100 130 180 200 80 130 180 200 50 12. Increased Wetland Buffer Area Width. Buffer widths shall be increased on a case-by- case basis as determined by the administrative official when a larger buffer is necessary to protect wetland functions and values. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. This documentation shall include, but not be limited to, the following criteria: a. The wetland is used by a state or federally listed plant or animal species, or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or b. The adjacent land is susceptible to severe erosion, and erosion -control measures will not effectively prevent adverse wetland impacts; or c. The adjacent land has minimal vegetative cover or slopes greater than 30 percent. 13. Buffer averaging to improve wetland protection may be permitted when all of the following conditions are met: a. The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a "dual -rated" wetland with a Category 1 area adjacent to a lower -rated area. b. 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 246 less -sensitive portion as demonstrated by a critical areas report from a qualified wetland professional. c. The total area of the buffer after averaging is equal to the area required without averaging. d. The buffer at its narrowest point is never less than either 3 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. 14. Averaging to allow reasonable use of a parcel may be permitted when all of the following are met: a. There are no feasible alternatives to the site design that could be accomplished without buffer averaging. b. The averaged buffer will not result in degradation of the wetland's functions and values as demonstrated by a critical areas report from a qualified wetland professional. c. The total buffer area of the buffer after averaging is equal to the area without averaging. d. The buffer at its narrowest point is never less than either 3 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. 2. To facilitate long-range planning using a landscape approach, the Administrative Official may identify and pre-assess wetlands using the rating system and establish appropriate wetland buffer widths for such wetlands. The Administrative Official will prepare maps of wetlands that have been pre -assessed in this manner. 3. Measurement of Wetland Buffers. All buffers shall be measured perpendicular from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. Buffers must be fully vegetated in order to be included in buffer area calculations. Lawns, walkways, driveways, and other mowed or paved areas will not be considered buffers or included in buffer area calculations. 4. Buffers on Mitigation Sites. All wetland mitigation sites shall have buffers consistent with the buffer requirements of this Chapter. Buffers shall be based on the expected or target category of the proposed wetland mitigation site. 5. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this chapter, wetland buffers shall be retained in an undisturbed or enhanced condition. In the case of compensatory mitigation sites, removal of invasive non-native weeds is required for the duration of the mitigation bond, YMC § 15.27.605(I)(2)(a)(x). 6. Impacts to Buffers. Requirements for the compensation for impacts to buffers are outlined in YMC § 15.27.605. 7. Overlapping Critical Area Buffers. If buffers for two contiguous critical areas overlap (such as buffers for a stream and a wetland), the wider buffer applies. 8. Allowed Buffer Uses. The following uses may be allowed within a wetland buffer in accordance with the review procedures of this Chapter, provided they are not prohibited by any 247 other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: a. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife. b. Passive recreation. Passive recreation facilities designed and in accordance with an approved critical area report, including: 1. Walkways and trails, provided that those pathways are limited to minor crossings having no adverse impact on water quality. They should be generally parallel to the perimeter of the wetland, located only in the outer twenty-five percent (25%) of the wetland buffer area, and located to avoid removal of significant trees. They should be limited to pervious surfaces no more than five (5) feet in width for pedestrian use only. Raised boardwalks utilizing non -treated pilings may be acceptable. 2. Wildlife -viewing structures. c. Educational and scientific research activities. d. Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way, provided that the maintenance or repair does not increase the footprint or use of the facility or right-of-way. e. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources. f. Drilling for utilities/utility corridors under a buffer, with entrance/exit portals located completely outside of the wetland buffer boundary, provided that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column is disturbed. g. Enhancement of a wetland buffer through the removal of non-native invasive plant species. Removal of invasive plant species shall be restricted to hand removal. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate for that species. Revegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species. h. Repair and maintenance of non -conforming uses or structures, where legally established within the buffer, provided they do not increase their degree of nonconformity. 9. Signs and Fencing of Wetlands and Buffers. a. Temporary markers. The outer perimeter of the wetland buffer and the clearing limits identified by an approved permit or authorization shall be marked in the field with temporary "clearing limits" fencing in such a way as to ensure that no unauthorized intrusion will occur. The marking is subject to inspection by the Administrative Official prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place. b. Permanent signs. As a condition of any permit or authorization issued pursuant to this chapter, the Administrative Official may require the applicant to install permanent signs along the boundary of a wetland or buffer. 1. Permanent signs shall be made of an enamel -coated metal face and attached to a metal post or other non -treated material of equal durability. Signs must be 248 posted at an interval of one (1) every 50 -feet, or one (1) per lot if the lot is less than 50 -feet wide, and must be maintained by the property owner in perpetuity. The signs shall be worded as follows or with alternative language approved by the Administrative Official: Protected Wetland Area Do Not Disturb Contact the City of Yakima Regarding Uses, Restrictions, and Opportunities for Stewardship 2. The provisions of Subsection (a) may be modified as necessary to assure protection of sensitive features or wildlife. c. Fencing. 1. The applicant shall be required to install a permanent fence around the wetland or buffer when domestic grazing animals are present or may be introduced on site. 2. Fencing installed as part of a proposed activity, or as required in this Subsection, shall be designed so as not to interfere with species mitigation, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat. F. Compensatory Mitigation. 1. Mitigation Sequencing. Before impacting any wetland or its buffer, an applicant shall demonstrate that the following actions have been taken. Actions are listed in the order of preference: 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, or by taking affirmative steps to avoid or reduce impacts. 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. f. Monitor the required compensation and take remedial or corrective measures when necessary. 2. Requirements for Compensatory Mitigation: a. Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans—Version 1, (Ecology Publication #06-06-011b, Olympia, WA, March 2006 or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Publication #10-06-07, November 2010). b. Mitigation ratios may also be determined using the credit/debit tool describe in "Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington: Final Report (Ecology Publication #11-06-045, August 2012), consistent with subsection 9 of this section. 3. Compensating for Lost or Affected Functions. Compensatory mitigation shall address the functions affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions. The goal shall be for the 249 compensatory mitigation to provide similar wetland functions as those lost, except when either: a. The lost wetland provides minimal functions, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington state watershed assessment plan or protocol; or b. Out -of -kind replacement of wetland type or functions will best meet watershed goals formally identified by the City, such as replacement of historically diminished wetland types. 4. Approaches to Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer functions shall rely on the approaches listed below. a. Wetland mitigation banks. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the mitigation bank instrument. Use of credits from a wetland mitigation bank certified under Chapter 173-700 WAC is allowed if: i. The approval authority determines that it would provide appropriate compensation for the proposed impacts; and ii. The impact site is located in the service area of the bank. iii. The proposed use of credits is consistent with the terms and conditions of the certified mitigation bank instrument. iv. Replacement ratios for projects using bank credits is consistent with replacement ratios specified in the certified mitigation bank instrument. b. In -Lieu Fee Mitigation: Credits from an approved in -lieu -fee program may be used when all of the following apply: i. The approval authority determines that it would provide environmentally appropriate compensation for the proposed impacts. ii. The proposed use of credits is consistent with the terms and conditions of the approved in -lieu -fee program instrument. iii. Projects using in -lieu -fee credits shall have debits associated with the proposed impacts calculated by the applicant's qualified wetland professional using the credit assessment method specified in the approved instrument for the in -lieu -fee program. iv. The impacts are located within the service area specified in the approved in -lieu -fee instrument. c. Permittee -responsible mitigation. In this situation, the permittee performs the mitigation after the permit is issued and is ultimately responsible for implementation and success of the mitigation. Permittee -responsible mitigation may occur at the site of the permitted impacts or at an off-site location within the same watershed. Permittee -responsible mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the approval authority's satisfaction that the proposed approach is ecologically preferable to use of a bank or ILF program, consistent with the criteria in this section. 5. Types of Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer functions shall rely on a type listed below in order of preference. A lower - preference form of mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the approval authority's satisfaction that all higher - ranked types of mitigation are not viable, consistent with the criteria in this section. a. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into: 250 i. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Re-establishment results in a gain in wetland acres (and functions). Activities could include removing fill material, plugging ditches, or breaking drain tiles. ii. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. b. Establishment (Creation): The manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland on an upland or deepwater site where a wetland did not previously exist. Establishment results in a gain in wetland acres. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. i. If a site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts, the approval authority may authorize creation of a wetland and buffer upon demonstration by the applicant's qualified wetland professional that: 1. The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that creation of a wetland at the site will not likely cause hydrologic problems elsewhere; 2. Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer (e.g., due to the presence of invasive plants or noxious weeds, stormwater runoff, noise, light, or other impacts); and 3. The proposed wetland and buffer will eventually be self-sustaining with little or no long-term maintenance. c. Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, controlling non-native or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these activities. Applicants proposing to enhance wetlands or associated buffers shall demonstrate how the proposed enhancement will increase the wetland's/buffer's functions, how this increase in function will adequately compensate for the impacts, and how existing wetland functions at the mitigation site will be protected. d. Protection/Maintenance (Preservation). Removing a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This includes the purchase of land or easements, or repairing water control structures or fences. This term also includes activities commonly associated with the term preservation. Preservation does not result in a gain of wetland acres. 251 Permanent protection of a Category I or II wetland and associated buffer at risk of degradation can be used only if: i. The approval authority determines that the proposed preservation is the best mitigation option; ii. The proposed preservation site is under threat of undesirable ecological change due to permitted, planned, or likely actions that will not be adequately mitigated under existing regulations; iii. The area proposed for preservation is of high quality or critical for the health of the watershed or basin due to its location. Some of the following features may be indicative of high-quality sites: 1. Category I or 11 wetland rating (using the wetland rating system for western Washington) 2. Rare or irreplaceable wetland type (for example, bogs, mature forested wetlands, estuarine wetlands) or aquatic habitat that is rare or a limited resource in the area; 3. The presence of habitat for priority or locally important wildlife species; or also list has provides biological and/or hydrological connectivity; 4. Provides biological and/or hydrological connectivity; 5. Priority sites in an adopted watershed plan. iv. Permanent preservation of the wetland and buffer will be provided through a conservation easement or tract held by an appropriate natural land resource manager, such as a land trust. v. The approval authority may approve other legal and administrative mechanisms in lieu of a conservation easement if it determines they are adequate to protect the site. vi. Ratios for preservation in combination with other forms of mitigation generally range from 10:1 to 20:1, as determined on a case-by-case basis, depending on the quality of the wetlands being impacted and the quality of the wetlands being preserved. Ratios for preservation as the sole means of mitigation generally start at 20:1. 6. Location of Compensatory Mitigation. Compensatory mitigation actions shall generally be conducted within the same sub -drainage basin and on the site of the alteration except when the applicant can demonstrate that off-site mitigation is ecologically preferable. The following criteria will be evaluated when determining whether the proposal is ecologically preferable. When considering off-site mitigation, preference should be given to using alternative mitigation, such as a mitigation bank, an in -lieu -fee program, or advance mitigation. a. There are no reasonable opportunities on site or within the sub -drainage basin (e.g., on-site options would require elimination of high -functioning upland habitat), or opportunities on site or within the sub -drainage basin do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts. Considerations should include: anticipated replacement ratios for wetland mitigation, buffer conditions and proposed widths, available water to maintain anticipated hydrogeomorphic classes of wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity); b. On-site mitigation would require elimination of high-quality upland habitat. c. Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the altered wetland. d. Off-site locations shall be in the same sub -drainage basin unless: 252 i. Established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the City and strongly justify location of mitigation at another site; or ii. Credits from a state -certified wetland mitigation bank are used as compensation, and the use of credits is consistent with the terms of the certified bank instrument; iii. Fees are paid to an approved in -lieu fee program to compensate for the impacts. e. The design for the compensatory mitigation project needs to be appropriate for its location (i.e., position in the landscape). Therefore, compensatory mitigation should not result in the creation, restoration, or enhancement of an atypical wetland. 7. Timing of Compensatory Mitigation. It is preferred that compensatory mitigation projects be completed prior to activities that will disturb wetlands. At the least, 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. a. The Administrator may authorize a one-time temporary delay in completing construction or installation of the compensatory mitigation when the applicant provides a written explanation from a qualified wetland professional as to the rationale for the delay. An appropriate rationale would include identification of the environmental conditions that could produce a high probability of failure or significant construction difficulties (e.g., project delay lapses past a fisheries window, or installing plants should be delayed until the dormant season to ensure greater survival of installed materials). The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, or general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the compensatory mitigation plan. The justification must be verified and approved by the City. 8. Wetland Mitigation Ratios: Category and Type Creation or Re - of Wetland establishment Rehabilitation Enhancement Category I: Bog, Not considered Natural Heritage Site possible Case by Case Case by Case Category I: Mature Forested 6:1 12:1 24:1 Category I: Based on functions 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 Ratios for rehabilitation and enhancement may be reduced when combined with 1:1 replacement through creation or re-establishment. See Table 1 b, Wetland Mitigation in Washington State — Part 1: Agency Policies and Guidance --Version 1, (Ecology Publication #06-06-011a, Olympia, WA, March 2006 or as revised). See also YMC 15.27.040(F)(5)(d) for more information on using preservation as compensation. 9. Credit/Debit Method. To more fully protect functions and values, and as an alternative to the mitigation ratios found in the joint guidance "Wetland Mitigation in 253 Washington State Parts I and II" (Ecology Publication #06 -06 -011a -b, Olympia, WA, March, 2006), the administrator 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). 10. Compensatory Mitigation Plan. When a project involves wetland and/or buffer impacts, a compensatory mitigation plan prepared by a qualified professional shall be required, meeting the following minimum standards: a. Wetland Critical Area Report. A critical area report for wetlands must accompany or be included in the compensatory mitigation plan and include the minimum parameters described in Minimum Standards for Wetland Reports (YMC 15.27.314 and 15.27.315(B)) of this Chapter. b. Compensatory Mitigation Report. The report must include a written report and plan sheets that must contain, at a minimum, the following elements. Full guidance can be found in Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication #06-06-011b, Olympia, WA, March 2006 or as revised). i. The written report must contain, at a minimum: 1. The name and contact information of the applicant; the name, qualifications, and contact information for the primary author(s) of the compensatory mitigation report; a description of the proposal; a summary of the impacts and proposed compensation concept; identification of all the local, state, and/or federal wetland -related permit(s) required for the project; and a vicinity map for the project. 2. Description of how the project design has been modified to avoid, minimize, or reduce adverse impacts to wetlands. 3. Description of the existing wetland and buffer areas proposed to be impacted. Include acreage (or square footage), water regime, vegetation, soils, landscape position, surrounding lands uses, and functions. Also describe impacts in terms of acreage by Cowardin classification, hydrogeomorphic classification, and wetland rating, based on Wetland Ratings, YMC 15.27.603. 4. Description of the compensatory mitigation site, including location and rationale for selection. Include an assessment of existing conditions: acreage (or square footage) of wetlands and uplands, water regime, sources of water, vegetation, soils, landscape position, surrounding land uses, and functions. . Estimate future conditions in this location if the compensation actions are NOT undertaken (i.e., how would this site progress through natural succession?). 5. Surface and subsurface hydrologic conditions, including an analysis of existing and proposed hydrologic regimes for enhanced, created, or restored compensatory mitigation areas. Include illustrations of how data for existing hydrologic conditions were used to determine the estimates of future hydrologic conditions 6. A description of the proposed actions for compensation of wetland and upland areas affected by the project. Include overall goals of the proposed mitigation, including a description of the targeted 254 functions, hydrogeomorphic classification, and categories of wetlands. 7. A description of the proposed mitigation construction activities and timing of activities. 8. Performance standards (measurable standards for years post- installation) for upland and wetland communities, a monitoring schedule, and a maintenance schedule and actions proposed by year. 9. A discussion of ongoing management practices that will protect wetlands after the development project has been implemented, including proposed monitoring and maintenance programs (for remaining wetlands and compensatory mitigation wetlands). 10. A bond estimate for the entire compensatory mitigation project, including the following elements: site preparation, plant materials, construction materials, installation oversight, maintenance twice per year for up to five (5) years, annual monitoring field work and reporting, and contingency actions for a maximum of the total required number of years for monitoring. 11. Proof of establishment of Notice on Title for the wetlands and buffers on the project site, including the compensatory mitigation areas. ii. The scaled plan sheets for the compensatory mitigation must contain, at a minimum: 1. Surveyed edges of the existing wetland and buffers, proposed areas of wetland and/or buffer impacts, location of proposed wetland and/or buffer compensation actions. 2. Existing topography, ground-proofed, at two-foot contour intervals in the zone of the proposed compensation actions if any grading activity is proposed to create the compensation area(s). Also existing cross-sections of on-site wetland areas that are proposed to be impacted, and cross-section(s) (estimated one-foot intervals) for the proposed areas of wetland or buffer compensation. 3. Conditions expected from the proposed actions on site, including future hydrogeomorphic types, vegetation community types by dominant species (wetland and upland), and future water regimes. 4. Required wetland buffers for existing wetlands and proposed compensation areas. Also, identify any zones where buffers are proposed to be reduced or enlarged outside of the standards identified in this Chapter. 5. A planting plan for the compensation area, including all species by proposed community type and water regime, size and type of plant material to be installed, spacing of plants, typical clustering patterns, total number of each species by community type, and timing of installation. 11. Buffer Mitigation Ratios. Impacts to buffers shall be mitigated ata minimum 1:1 ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development. 12. Protection of the Mitigation Site. The area where the mitigation occurred and any associated buffer shall be located in a critical area tract or a conservation easement consistent with YMC 15.27 Part six. 255 13. Monitoring. Mitigation monitoring shall be required for a period necessary to establish that performance standards have been met, but not for a period less than five years. If a scrub-shrub or forested vegetation community is proposed, monitoring may be required for ten years or more. The project mitigation plan shall include monitoring elements that ensure certainty of success for the project's natural resource values and functions. If the mitigation goals are not obtained within the initial five-year period, the applicant remains responsible for restoration of the natural resource values and functions until the mitigation goals agreed to in the mitigation plan are achieved. 14. Advance Mitigation. Mitigation for projects with pre-identified impacts to wetlands may be constructed in advance of the impacts if the mitigation is implemented according to federal rules, state policy on advance mitigation, and state water quality regulations consistent with Interagency Regulatory Guide: Advance Permittee- Responsible Mitigation (Ecology Publication #12-06-015, Olympia, WA, December 2012). 15. Alternative Mitigation Plans. The Administrator may approve alternative wetland mitigation plans that are based on best available science, such as priority restoration plans that achieve restoration goals identified in the SMP. Alternative mitigation proposals must provide an equivalent or better level of protection of wetland functions and values than would be provided by the strict application of this chapter. The Administrative Official shall consider the following for approval of an alternative mitigation proposal: a. The proposal uses a watershed approach consistent with Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington)(Ecology Publication #10-06-07, November 2010). b. Creation or enhancement of a larger system of natural areas and open space is preferable to the preservation of many individual habitat areas. c. Mitigation according to Section E is not feasible due to site constraints such as parcel size, stream type, wetland category, or geologic hazards. d. There is clear potential for success of the proposed mitigation at the proposed mitigation site. e. The plan shall contain clear and measurable standards for achieving compliance with the specific provisions of the plan. A monitoring plan shall, at a minimum, meet the provisions in Section J. f. The plan shall be reviewed and approved as part of overall approval of the proposed use. g. A wetland of a different type may be justified based on regional needs or functions and values; the replacement ratios may not be reduced or eliminated unless the reduction results in a preferred environmental alternative. h. Mitigation guarantees shall meet the minimum requirements as outlined in Section 10.B.i.8. i. Qualified professionals in each of the critical areas addressed shall prepare the plan. j. The City may consult with agencies with expertise and jurisdiction over the critical areas during the review to assist with analysis and identification of appropriate performance measures that adequately safeguard critical areas. 17.09.050 Geologically hazardous areas. A. Purpose and Intent. 256 1. Geologically hazardous areas include those areas susceptible to erosion, sliding, earthquake, or other geological events. These areas pose a threat to the health and safety of the city of Yakima's citizens when incompatible development is sited in significantly hazardous areas. When mitigation is not feasible, development within geologically hazardous areas should be avoided. 2. The purpose of this section is to: a. Minimize risks to public health and safety and reduce the risk of property damage by regulating development within geologically hazardous areas; b. Maintain natural geological processes while protecting new and existing development; and c. Establish review procedures for development proposals in geologically hazardous areas. 3. This section does not imply that land outside mapped geologically hazardous areas or uses permitted within such areas will be without risk. This section shall not create liability on the part of the city of Yakima, any officer, or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. B. Mapping and Designation. 1. Geologically hazardous areas are areas that are susceptible to one or more of the following, based on WAC 365-190-120. a. Erosion hazards; b. Landslide hazards, which include: i. Over steepened slopes; ii. Alluvial fan/flash flooding; iii. Avalanche; and iv. Channel migration zones and stream undercutting. c. Seismic hazards (referred to below as earthquake hazards); and d. Volcanic hazards. 2. The approximate location and extent of erosion hazard areas are shown on the city of Yakima's critical area map titled "Erosion Hazard Areas of the City of Yakima." Erosion hazard areas include areas likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils. Erosion hazard areas were identified by using the "Soil 257 Survey of Yakima County Area, Washington" and the "Soil Survey of Yakima Indian Reservation Irrigated Area, Washington, Part of Yakima County." 3. The approximate location and extent of geologically hazardous areas are shown on the city's critical area map titled "Geologically Hazardous Areas of the City of Yakima." The following geologically hazardous areas have been mapped and classified using the criteria found in WAC 365-190-120: a. Landslide Hazard Areas (LS). These include places where landslides, debris flows, or slumps have occurred. i. High risk (LS3) is defined as areas that are presumed to have had a landslide, debris flow, or slump within ten thousand years or less. ii. Intermediate risk (LS2) is defined as areas where landslides, debris flows, or slumps are older than ten thousand years, but are still capable of movement. iii. Low risk areas are defined as: areas unlikely to fail. These areas are unlabeled and combined with other low risk categories. b. Over Steepened Slope Hazard Areas (OS). These include areas with slopes steep enough to create a potential problem. i. High risk areas (0S3) are defined as having a high potential to fail, include slopes greater than forty percent, and consist of areas of rock fall, creep, and places underlain with unstable materials. ii. Intermediate risk areas (0S2) are defined as areas less likely to fail but are still potentially hazardous. This category includes slopes between fifteen percent and forty percent. iii. Low risk areas are defined as areas unlikely to fail. These areas are unlabeled and combined with other low risk categories. c. Alluvial Fan/Flash Flooding Hazard Areas (AF). These areas include locations where flash floods can occur and are often associated with inundation by debris from flooding. These areas may include: i. Alluvial fans; ii. Canyons; iii. Gullies; and iv. Small streams where catastrophic flooding can occur. d. Stream Undercutting Hazard Areas (SU). These areas are confined to banks near main streams and rivers where undercutting of soft materials may result. 258 i. High risk areas (SU3) include steep banks of soft material adjacent to present stream courses. ii. Intermediate risk areas (SU2) are banks along the edge of a flood plain but away from the present river course. iii. Low risk areas (SU1) are unlabeled and combined with other low risk areas on the maps. e. Earthquake Activity Hazard Areas (EA). Recorded earthquake activity in the city of Yakima is mostly marked by low magnitude events and thus low seismic risk. The city of Yakima's low risk areas are unlabeled and combined with other low risk hazards. f. Suspected Geologic Hazard Areas (SUS). These are areas for which detailed geologic mapping is deficient but preliminary data indicate a potential hazard may exist. No risk assessment (1, 2, 3) is given for these areas. Most are probably OS or LS hazards. g. Risk Unknown Hazard Areas (UNK). This category is limited to areas where geologic mapping is lacking or is insufficient to make a determination. All of these areas are associated with other classified geologic hazards. 4. Volcanic hazard areas are not mapped, but are defined as areas subject to pyroclastic (formed by volcanic explosion) flows, lava flows, and inundation by debris flows, mudflows or related flooding resulting from volcanic activity. Volcanic hazard areas in the city of Yakima are limited to pyroclastic (ash) deposits. No specific protection requirements are identified for volcanic hazard areas. C. Geologically Hazardous Areas Protection Approach. The geologically hazardous areas protection approach can be met by following the guidelines below and by implementing the appropriate sections of the building code as adopted in YMC Title 11. 1. General. a. New development and creation of new lots that would cause foreseeable risk from geological conditions during the life of the development or would require structural shoreline stabilization over the life of the development (except as allowed under YMC 17.07.130) is prohibited. b. New stabilization structures for existing primary residential structures allowed only where no alternatives (including relocation or reconstruction of existing 259 structures) are feasible, and less expensive than the proposed stabilization measure, and then only if no net loss of ecological functions will result. 2. Erosion Hazard Areas. Protection measures for erosion hazard areas will be accomplished by implementing the regulatory standards for erosion and drainage control required under YMC Title 11, Building Code. YMC Title requirements can be met by the application of the best management practices (BMPs) in the Stormwater Management Manual for Eastern Washington (WDOE Publication Number 04-10-076); equivalent manual adopted by the city of Yakima; or any other approved manual deemed appropriate by the building official. 3. Landslide Hazard Areas. Protection measures for landslide hazard areas will be accomplished through the review process of subsection D of this section by implementing the development standards of subsection E of this section. 4. Alluvial Fan/Flash Flooding Hazard Areas. Protection measures for alluvial fan/flash flooding hazard areas will be accomplished through the review process of subsection D of this section. 5. Stream Undercutting Hazard Areas. Protection measures for stream undercutting hazard areas will be accomplished by critical areas review for flood hazards, streams, and shoreline jurisdiction. 6. Oversteepened Slope Hazard Areas. Protection measures for oversteepened slope hazard areas will be accomplished through the review process of subsection D of this section, by implementing the development standards of subsection E of this section. 7. Earthquake/Seismic Hazard Area Protection Standards. Protection measures for earthquake/seismic hazard areas will be accomplished by implementing the appropriate sections of the building code as adopted in YMC Title 11. 8. Suspected Geologic Hazard Areas and Risk Unknown Hazard Areas. Protection measures for suspected geologic hazard areas and risk unknown hazard areas will be accomplished through the review process of subsection D of this section and by implementing the development standards of subsection E of this section. D. Development Review Procedure for Geologically Hazardous Areas. 1. The shoreline administrator shall make a determination of hazard to confirm whether the development or its associated facilities (building site, access roads, limits of grading/excavation/filling, retaining walls, septic drainfields, landscaping, etc.) are located: a. Within a mapped geologically hazardous area; 260 b. Adjacent to or abutting a mapped geologically hazardous area and may result in or contribute to an increase in hazard, or pose a risk to life and property on or off the site; c. Within a distance from the base of an adjacent landslide hazard area equal to the vertical relief of said hazard area; or d. Within the potential run-out path of a mapped avalanche hazard. 2. Developments that receive an affirmative determination of hazard by the shoreline administrator under subsection (D)(1) of this section must conduct a geologic hazard report as provided in YMC 17.09.010(Q), which may be part of a geotechnical report required below. a. If the geologic hazard report determines that no hazard exists or that the project area lies outside the hazard, then no geologic hazard review is needed. b. The shoreline administrator is authorized to waive further geologic hazard review for oversteepened slopes on the basis that the hazards identified by the geologic hazard report will be adequately mitigated through the issuance of a grading or construction permit. 3. Developments that receive an affirmative determination of hazard, but do not meet the provisions of subsection (D)(2)(a) or (D)(2)(B) of this section, must: a. Obtain a critical areas development authorization under YMC 17.09.010; b. Submit a geotechnical report that is suitable for obtaining grading and construction permits that will be required for development: i. The geotechnical report shall incorporate a submitted assessment which includes the design of all facilities; ii. A description and analysis of the risk associated with the measures proposed to mitigate the hazards; and iii. Ensure the public safety, and protect property and other critical areas; and c. Be consistent with subsection E of this section. E. General Protection Requirements. 1. Grading, construction, and development and their associated facilities shall not be located in a geologically hazardous area, or any associated setback for the project recommended by the geotechnical report, unless the applicant demonstrates that the development is structurally safe from the potential hazard, and that the development will not increase the hazard risk on site or off site. 261 2. Development shall be directed toward portions of parcels, or parcels under contiguous ownership, that are at the least risk of hazard in preference to lands with higher risk, unless determined to be infeasible in the geotechnical report. 3. The geotechnical report shall incorporate methods to ensure that education about the hazard and any recommended buildable area for future landowners is provided. 4. The applicable requirements of grading and construction permits for developments in hazardous areas must be included in the development proposal and geotechnical report. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.09.060 Critical aquifer recharge areas. A. Purpose and Intent. 1. The Growth Management Act (Chapter 36.70A RCVV) requires local jurisdictions to protect areas with a critical recharging effect on aquifers used for potable water or areas where drinking aquifers are vulnerable to contamination. These areas are referred to as critical aquifer recharge areas (CARA) in this section. 2. Potable water is an essential life sustaining element and much of the city of Yakima's drinking water comes from groundwater supplies. Once groundwater is contaminated, it can be difficult and costly to clean. In some cases, the quality of groundwater in an aquifer is inextricably linked to its recharge area. 3. The intent of this section is to: a. Preserve, protect, and conserve the city of Yakima's CARA from contamination; and b. Establish a protection approach that emphasizes the use of existing laws and regulations while minimizing the use of new regulations. 4. It is not the intent of this title to: a. Regulate everyday activities (including the use of potentially hazardous substances that are used in accordance with state and federal regulations and label specifications); b. Enforce or prevent illegal activities; c. Regulate land uses that use or store small volumes of hazardous substances (including in -field agricultural chemical storage facilities, which do not require permits, or are already covered under existing state, federal, or county review processes and have detailed permit review); d. Establish additional review for septic systems, which are covered under existing city of Yakima review processes; 262 e. Establish additional review for stormwater control, which is covered under existing review processes and has detailed permit review; or f. Require review for uses that do not need building permits and/or zoning review. The above items are deemed to have small risks of CARA contamination or are beyond the development review system's ability to control. B. Designation. 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 groundwater resources or contribute significantly to the replenishment of groundwater. The following areas have been identified based on local conditions. 1. Wellhead Protection Areas. Wellhead protection areas shall be defined by the boundaries of the ten-year time of groundwater travel, or boundaries established using alternate criteria approved by the Department of Health in those settings where groundwater time of travel is not a reasonable delineation criterion, in accordance with WAC 246-290-135. 2. Sole Source Aquifers. Sole source aquifers are areas that have been designated by the U.S. Environmental Protection Agency pursuant to the Federal Safe Drinking Water Act. 3. Susceptible Groundwater Management Areas. Susceptible groundwater management areas are areas that have been designated as moderately or highly vulnerable or susceptible in an adopted groundwater management program developed pursuant to Chapter 173-100 WAC. 4. Special Protection Areas. Special protection areas are those areas defined by WAC 173-200-090. 5. Moderately or Highly Vulnerable Aquifer Recharge Areas. Aquifer recharge areas that are moderately or highly vulnerable to degradation or depletion because of hydrogeologic characteristics are those areas delineated by a hydrogeologic study prepared in accordance with the State Department of Ecology guidelines. 6. Moderately or Highly Susceptible Aquifer Recharge Areas. Aquifer recharge areas moderately or highly susceptible to degradation or depletion because of hydrogeologic characteristics are those areas meeting the criteria established by the State Department of Ecology. 263 C. Mapping. 1. Mapping Methodology. The CARA is depicted in the map titled "Critical Aquifer Recharge Areas of the City of Yakima" located within the city of Yakima's 2017 Urban Area Comprehensive Plan 2040. The CARA map was developed through a geographic information system (GIS) analysis using the methodology outlined in the Washington Department of Ecology "Critical Aquifer Recharge Area Guidance Document" (Morgan, 2005). The approximate location and extent of critical aquifer recharge areas are depicted on the above-mentioned map, and are to be used solely as a guide for the city. The CARA map estimates areas of moderate, high, and extreme susceptibility of contamination, as well as wellhead protection areas. In characterizing the hydrogeologic susceptibility of these recharge areas with regard to contamination, the following physical characteristics were utilized: a. Depth to ground water; b. Soil (texture, permeability, and contaminant attenuation properties); c. Geologic material permeability; and d. Recharge (amount of water applied to the land surface, including precipitation and irrigation). 2. Wellhead Protection Areas. The CARA map includes those wellhead protection areas for which the city of Yakima has maps. Wellhead protection areas are required for all Class A public water systems in the state of Washington. The determination of a wellhead protection area is based upon the time of travel of a water particle from its source to the well. Water purveyors collect site specific information to determine the susceptibility of the water source to surface sources of contamination. Water sources are ranked by the Washington State Department of Health with a high, moderate, or low susceptibility to surface contamination. Wellhead protection areas are defined by the boundaries of the ten-year time of ground water travel, in accordance with WAC 246-290-135. For purposes of this chapter, all wellhead protection areas shall be considered highly susceptible. D. Performance Standards—General Requirements. 1. Activities may only be permitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the aquifer. 264 2. The proposed activity must comply with the water source protection requirements and recommendations of the U.S. Environmental Protection Agency, Washington State Department of Health, and the Yakima County Health District. E. Performance Standards—Specific Uses. 1. Storage Tanks. All storage tanks proposed to be located in a critical aquifer recharge area must comply with local building code requirements and must conform to the following requirements: a. Underground Tanks. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: i. Prevent releases due to corrosion or structural failure for the operational life of the tank; ii. Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and iii. Use material in the construction or lining of the tank that is compatible with the substance to be stored. b. Aboveground Tanks. All new aboveground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: i. Not allow the release of a hazardous substance to the ground, groundwaters, or surface waters; ii. Have a primary containment area enclosing or underlying the tank or part thereof; and iii. Have a secondary containment system either built into the tank structure or a dike system built outside the tank for all tanks. 2. Vehicle Repair and Servicing. a. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. 265 b. No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the state Department of Ecology prior to commencement of the proposed activity. 3. Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides, and fertilizers shall not exceed times and rates specified on the packaging. 4. Use of Reclaimed Water for Surface Percolation or Direct Recharge. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the state Departments of Ecology and Health. a. Use of reclaimed water for surface percolation must meet the groundwater recharge criteria given in RCW 90.46.010(10) and 90.46.080(1). The state Department of Ecology may establish additional discharge limits in accordance with RCW 90.46.080(2). b. Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042. F. Uses Prohibited from Critical Aquifer Recharge Areas. The following activities and uses are prohibited in critical aquifer recharge areas: 1. Landfills. Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, wood waste and inert and demolition waste landfills; 2. Underground Injection Wells. Class I, III and IV wells and subclasses 5F01, 5D03, 5F04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 of Class V wells; 3. Wood Treatment Facilities. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade); 4. Storage, Processing, or Disposal of Radioactive Substances. Facilities that store, process, or dispose of radioactive substances; 5. Mining. Hard rock; and sand and gravel mining, unless located within the mineral resource designation; and 6. Other Prohibited Uses or Activities. a. Activities that would significantly reduce the recharge to aquifers currently or potentially used as a potable water source; 266 b. Activities that would significantly reduce the recharge to aquifers that are a source of significant base flow to a regulated stream. G. Submittal Requirements. 1. Applications for any development activity or division of land which requires review by Yakima County and which is located within a mapped critical aquifer recharge area or wellhead protection area shall be reviewed by the shoreline administrator to determine whether hazardous materials (see definitions) will be used, stored, transported, or disposed of in connection with the proposed activity. If there is insufficient information to determine whether hazardous materials will be used, the shoreline administrator may request additional information, in addition to any submittal requirements outlined in YMC 17.09.010. 2. The administrative official shall make the following determination: a. No hazardous materials are involved. b. Hazardous materials are involved; however, existing laws or regulations adequately mitigate any potential impact, and documentation is provided to demonstrate compliance. c. Hazardous materials are involved and the proposal has the potential to significantly impact critical aquifer recharge and wellhead protection areas; however, sufficient information is not available to evaluate the potential impact of contamination. The city may require a hydrogeologic report to be prepared by a qualified groundwater scientist in order to determine the potential impacts of contamination on the aquifer. (Ord. 2015-002 § 1 (Exh. A)(part)). Chapter 17.11 EXISTING USES, STRUCTURES AND LOTS Sections: 17.11.005 Intent of provisions. 17.11.010 Nonconforming uses. 17.11.020 Nonconforming structures. 17.11.030 Nonconforming lots. 17.11.040 Pre-existing legal uses—Conforming residential structures. 17.11.050 Additional requirements for certain uses. 17.11.005 Intent of provisions. Nonconforming uses or developments are shoreline uses or development which were lawfully constructed or established prior to the effective date of this master program, or approved 267 amendments to the master program, but which do not conform to present regulations or standards of the master program. The intent of this chapter is to provide regulations regarding nonconforming uses, structures, and lots as well as to establish residences as pre-existing legal uses, conforming to the master program as allowed by the Act. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.11.010 Nonconforming uses. A. Uses and developments that were legally established and are nonconforming with regard to the use regulations of the master program may continue as legal nonconforming uses. Such uses shall not be enlarged or expanded unless expressly allowed by subsection B of this section and YMC 17.11.040. B. Nonconforming single-family residential uses that are located landward of the ordinary high water mark may be enlarged or expanded in conformance with applicable dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances as defined in YMC 17.01.090 upon approval of a shoreline conditional use permit by the hearing examiner. C. A legally established use, prior to the effective date of the master program, which is listed as a conditional use but for which a shoreline conditional use permit has not been obtained shall be considered a nonconforming use. D. A structure which is being or has been used for a nonconforming use may be used for a different nonconforming use only upon the approval of a conditional use permit by the hearing examiner. A conditional use permit may be approved only upon a finding that: 1. No reasonable alternative conforming use is practical; and 2. The proposed use will be at least as consistent with the policies and provisions of the Act and the master program and as compatible with the uses in the area as the preexisting use. In addition, such conditions may be attached to the permit as are deemed necessary to assure compliance with the above findings, the requirements of the master program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard. A use authorized pursuant to this subsection D shall be considered a conforming use for purposes of this section. E. If a nonconforming use is discontinued for twelve consecutive months or for twelve months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be required to conform to this title. (Ord. 2015-002 § 1 (Exh. A)(part)). 268 17.11.020 Nonconforming structures. A. Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may be maintained and repaired and may be enlarged or expanded; provided, that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses. B. A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities. C. A nonconforming structure which is moved any distance must be brought into conformance with the master program and the Act. D. If a nonconforming development/structure is damaged to an extent not exceeding fifty percent in flood hazard areas and seventy-five percent in the remainder of shoreline jurisdiction of the replacement cost of the original development, it may be reconstructed to those configurations existing immediately prior to the time the development was damaged; provided, that application is made for the permits necessary to restore the development within six months of the date the damage occurred, all permits are obtained and the restoration is completed within two years of permit issuance. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.11.030 Nonconforming lots. A. In any district, any permitted use or structure may be erected on any existing lot or parcel. This provision shall apply even though such lot fails to meet the minimum dimensional requirements of this SMP; provided, that such structure is allowed within the shoreline environment and all uses of the nonconforming lot shall comply with all other provisions of the SMP and underlying zoning requirements including setbacks, dimensional standards, and lot coverage requirements. B. Structures and customary accessory buildings on nonconforming lots shall be set back from the OHWM to the greatest extent feasible. Development proposed inside required buffers shall go through mitigation sequencing, shall require a mitigation plan and shoreline variance, per YMC 17.13.080, when unable to meet the provisions of YMC 17.09.030. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.11.040 Pre-existing legal uses—Conforming residential structures. Notwithstanding YMC 17.11.010 to 17.11.030, the following shall apply to preexisting legal residential structures constructed prior to the effective date of this SMP: 269 A. Residential structures and appurtenant structures that were legally established and are used for a conforming use, but that do not meet standards for the following shall be considered a conforming structure: setbacks, buffers, or yards; area; bulk; height; or density. B. The city shall allow redevelopment, expansion, change with the class of occupancy, or replacement of the residential structure if it is consistent with the SMP, including requirements for no net loss of shoreline ecological functions. C. For purposes of this section, "appurtenant structures" means garages, sheds, and other legally established structures. "Appurtenant structures" does not include bulkheads and other shoreline modifications or over -water structures. D. Nothing in this section: 1. Restricts the ability of this SMP to limit redevelopment, expansion, or replacement of over -water structures located in hazardous areas, such as floodplains and geologically hazardous areas; or 2. Affects the application of other federal, state, or city requirements to residential structures. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.11.050 Additional requirements for certain uses. Nonconforming uses and structures not covered by RCW 90.58.270(5), 90.58.620, and not addressed by the SMP must comply with WAC 173-27-080. (Ord. 2015-002 § 1 (Exh. A)(part)). Chapter 17.13 ADMINISTRATION AND ENFORCEMENT Sections: 17.13.010 Roles and responsibilities. 17.13.020 Interpretation. 17.13.030 Statutory noticing requirements. 17.13.040 Application requirements. 17.13.050 Exemptions from shoreline substantial development permits. 17.13.060 Shoreline substantial development permits. 17.13.070 Shoreline conditional use permits. 17.13.080 Shoreline variance permits. 17.13.090 Duration of permits. 17.13.100 Initiation of development. 17.13.110 Review process. 17.13.120 Appeals. 17.13.130 Amendments to permits. 270 17.13.140 SMP amendments. 17.13.150 Enforcement. 17.13.160 Monitoring. 17.13.010 Roles and responsibilities. The city shall administer the shoreline master program (SMP), collectively Title and the associated goals and policies contained in Comprehensive Plan Chapter 10, Section 3, according to the following roles and responsibilities: A. Shoreline Administrator. The shoreline administrator in the city of Yakima is the community development director. The shoreline administrator shall have overall administrative responsibility of the SMP. The shoreline administrator or his/her designee is hereby vested with the authority to: 1. Administrate this SMP. 2. Make field inspections as needed, and prepare or require reports on shoreline permit applications. 3. Grant or deny exemptions from shoreline substantial development permit requirements of this SMP. 4. Authorize, approve or deny shoreline substantial development permits. 5. Authorize, approve or deny shoreline conditional use permits except for those involving nonconforming uses, which shall be the responsibility of the hearing examiner. 6. Make written recommendations to the hearing examiner, planning commission, or city council as appropriate. 7. Advise interested persons and prospective applicants as to the administrative procedures and related components of this SMP. 8. Collect fees for all necessary permits as provided in city ordinances or resolutions. The determination of which fees are required shall be made by the city. 9. Make administrative decisions and interpretations of the policies and regulations of this SMP and the Act in accordance with the Yakima Municipal Code. B. SEPA Official. The responsible SEPA official or his/her designee is authorized to conduct environmental review of all use and development activities subject to this SMP, pursuant to Chapter 197-11 WAC and Chapter 43.21C RCW. The responsible SEPA official is designated in accordance with the city's SEPA implementation ordinance. C. Hearing Examiner. The hearing examiner shall have the authority to: 1. Decide on appeals from administrative decisions issued by the shoreline administrator of this SMP. 271 2. Grant or deny variances from this SMP. 3. Grant or deny shoreline conditional use permits associated with nonconforming uses. 4. The hearing examiner may, at the request of the shoreline administrator, receive and examine available information, conduct public hearings and prepare records and reports thereof, and issue recommendations to the council based upon findings and conclusions on applications for shoreline substantial development permits and conditional use permits. D. Planning Commission. The planning commission is vested with the responsibility to review the SMP as part of regular SMP updates required by RCW 90.58.080 as a major element of the city's planning and regulatory program, and make recommendations for amendments thereof to the city council. E. City Council. The city council is vested with authority to: 1. Initiate an amendment to this SMP according to the procedures prescribed in WAC 173-26-100. 2. Adopt all amendments to this SMP, after consideration of the recommendation of the planning commission, where established. Amendments shall become effective upon approval by Ecology. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.13.020 Interpretation. A. The city shall make administrative decisions and interpretations of the policies and regulations of this SMP and the Act in accordance with the Yakima Municipal Code. B. The city shall consult with Ecology to ensure that any formal written interpretations are consistent with the purpose and intent of Chapter 90.58 RCW and Chapter 173-26 WAC. C. The application of this SMP is intended to be consistent with constitutional and other legal limitations on the regulation of private property. The shoreline administrator shall give adequate consideration to mitigation measures and other possible methods to prevent undue or unreasonable hardships upon property owners. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.13.030 Statutory noticing requirements. A. Applicants shall follow the noticing requirements of the city. At a minimum, the city shall provide notice in accordance with WAC 173-27-110, and may provide for additional noticing requirements. Per WAC 173-27-120 the city shall comply with special procedures (public notice timelines, appeal periods, etc.) for limited utility extensions and bulkheads. B. The following subsections provide a summary of noticing days. The city shall consult the most current version of WAC 173-27-110 and 173-27-120 to confirm the days. In case of conflict, state statutes or rules shall control: 272 1. Issuance of Notice of Application. Notice of application shall be provided within fourteen days after the determination of completeness of the application. 2. Statement of Public Comment Period. The notice of application shall state the public comment period which shall be not less than thirty days following the date of notice of application, unless otherwise specified for limited utility extensions or single-family bulkheads below. 3. Notice of Application Prior to Hearing. If an open record predecision hearing, as defined in RCW 36.70B.020, is required for the requested project permits, the notice of application shall be provided at least fifteen days prior to the open record hearing. 4. Limited Utility Extension or Single -Family Bulkhead. An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion shall be subject to all of the requirements of this chapter except that the following time periods and procedures shall be used: a. The public comment period shall be twenty days. The notice provided shall state the manner in which the public may obtain a copy of the city's decision on the application no later than two days following its issuance; b. The city shall issue its decision to grant or deny the permit within twenty-one days of the last day of the comment period specified in subsection (B)(2) of this section; and c. If there is an appeal of the decision to grant or deny the permit to the hearing examiner, the appeal shall be finally determined by the hearing examiner within thirty days. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.13.040 Application requirements. A. A complete application for a shoreline substantial development, shoreline conditional use, or shoreline variance permit shall contain, at a minimum, the information listed in WAC 173-27- 180. In addition, the applicant, including those applying for exemption status, shall provide the following materials: 1. An assessment of the existing ecological functions and/or processes provided by topographic, physical and vegetation characteristics of the site and any impacts to those functions and/or processes, to accompany development proposals; provided, that proposals for single-family residences, as long as they meet the exemption criteria, shall be exempt from this requirement if proposal is located outside required buffers. When the project results in adverse impacts to ecological function and/or processes, a mitigation 273 plan must be provided that describes how proposed mitigation compensates for the lost function or process. 2. Site plan or division of land depicting to scale the location of buildable areas, existing and proposed impervious surfaces (building(s), accessory structures, driveways), and allowed landscaping and yards (including proposed water access trails, view corridors, wildfire defensible space, if applicable), general location of utilities, well and septic system, if applicable, and location of storage and staging of materials and equipment during construction. Plans shall show area calculations of each feature. 3. The location of any mapped channel migration zone floodplain, and/or floodway boundary and critical areas, if known, and respective setback/buffer areas on and within two hundred fifty feet of the vicinity of the project site and all applicable buffers. 4. Where a view analysis is required per WAC 173-27-180, it shall address the following: a. The analysis shall include vacant existing parcels of record as well as existing structures. Vacant parcels of record shall be assumed to be developed with structures complying with the applicable regulations of the city and the maximum height limitation allowed under the SMP. b. The view corridor analysis shall include residential buildings or public properties located outside of the shoreline jurisdiction if it can be clearly demonstrated that the subject property has significant water views. B. The shoreline administrator may vary or waive these additional application requirements according to administrative application requirements on a case-by-case basis, but all applications for a substantial development, conditional use, or variance permit shall contain the information found in WAC 173-26-180. C. The shoreline administrator may require additional specific information depending on the nature of the proposal and the presence of sensitive ecological features or issues related to compliance with other city requirements, and the provisions of this title. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.13.050 Exemptions from shoreline substantial development permits. A. The city shall exempt from the shoreline substantial development permit requirement the shoreline developments listed in WAC 173-27-040 and RCW 90.58.030(3)(e), 90.58.140(9), 90.58.147, 90.58.355 and 90.58.515. B. Letters of exemption shall be issued when a letter of exemption is required by the provisions of WAC 173-27-050. Otherwise the exemption status shall be documented in the project application file. (Ord. 2015-002 § 1 (Exh. A)(part)). 274 17.13.060 Shoreline substantial development permits. A. A shoreline substantial development permit shall be required for all development of shorelines, unless the proposal is specifically exempt per YMC 17.13.050. B. A shoreline substantial development permit shall be granted only when the development proposed is consistent with: 1. The policies and procedures of the SMA; 2. The provisions of Chapter 173-27 WAC; 3. Chapter 10, Section 3 of the City of Yakima Comprehensive Plan; and 4. This Title . C. The city may attach conditions to the approval of permits as necessary to assure consistency of the project with the Act and this SMP. Additionally, nothing shall interfere with the city's ability to require compliance with all other applicable laws and plans. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.13.070 Shoreline conditional use permits. A. This section provides procedures and criteria guiding the review of shoreline conditional use permits, which require careful review to ensure the use can be properly installed and operated in a manner that meets the goals of the Act and this program in accordance with any needed performance standards. After a shoreline conditional use application has been approved by the city, the city shall submit the permit to Ecology for Ecology's approval, approval with conditions or denial. Ecology shall review the file, in accordance with WAC 173-27-200. B. Uses specifically classified or set forth in this shoreline master program as conditional uses shall be subject to review and condition by the city and by the Department of Ecology. C. Other uses which are not classified or listed or set forth in this SMP may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in this SMP. D. Uses which are specifically prohibited by this SMP may not be authorized as a conditional use. E. Uses which are classified or set forth in the applicable master program as conditional uses may be authorized; provided, that the applicant demonstrates all of the following: 1. That the proposed use is consistent with the policies of RCW 90.58.020 and the master program; 2. That the proposed use will not interfere with the normal public use of public shorelines; 275 3. That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and SMP; 4. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and 5. That the public interest suffers no substantial detrimental effect. F. In the granting of all shoreline conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if shoreline conditional use permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. G. In authorizing a conditional use, special conditions may be attached to the permit by the city or Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the SMA and this SMP. H. Nothing shall interfere with the city's ability to require compliance with all other applicable plans and laws. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.13.080 Shoreline variance permits. A. The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in this shoreline master program where there are extraordinary or unique circumstances relating to the property such that the strict implementation of this shoreline master program would impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. Variances from the use regulations of the SMP are prohibited. B. After a shoreline variance application has been approved by the city, the city shall submit the permit to Ecology for Ecology's approval, approval with conditions or denial. Ecology shall review the file in accordance with WAC 173-27-200. 1. Variance permits should be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. 2. Variance permits for development and/or uses that will be located landward of the OHWM, as defined in YMC 17.01.090, and/or landward of any wetland as defined in YMC 17.01.090, may be authorized provided the applicant can demonstrate all of the following: 276 a. That the strict application of the bulk, dimensional or performance standards set forth in the SMP precludes, or significantly interferes with, reasonable use of the property; b. That the hardship described in the criterion in subsection (B)(2)(a) of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the SMP, and not, for example, from deed restrictions or the applicant's own actions; c. That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and SMP and will not cause adverse impacts to the shoreline environment; d. That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; e. That the variance requested is the minimum necessary to afford relief; and f. That the public interest will suffer no substantial detrimental effect. 3. Variance permits for development and/or uses that will be located waterward of the OHWM, as defined in YMC 17.01.090, or within any wetland as defined in YMC 17.01.090, may be authorized provided the applicant can demonstrate all of the following: a. That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes all reasonable use of the property; b. That the proposal is consistent with the criteria established under the regulation in subsection (B)(2) of this section; and c. That the public rights of navigation and use of the shorelines will not be adversely affected. C. In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if variances were granted to other developments and/or uses in the area where similar circumstances exist, the total of the variances shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.13.090 Duration of permits. Time duration requirements for shoreline substantial development, shoreline variance, and shoreline conditional use permits shall be consistent with the following provisions. A. General Provisions. The time requirements of this section shall apply to all shoreline substantial development permits and to any development authorized pursuant to a shoreline conditional use permit or shoreline variance authorized by this chapter. Upon a finding of good 277 cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of this SMP and this chapter, the city may adopt different time limits from those set forth in subsections B and C of this section as a part of an action on a shoreline substantial development permit. B. Commencement. Construction activities shall be commenced or, where no construction activities are involved, the use or activity shall be commenced within two years of the effective date of a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance. Commencement means taking the action on the shoreline project for which the permit was granted shall begin. For example, beginning actual construction or entering into binding agreements or contractual obligations to undertake a program of actual construction. However, the city may authorize a single extension for a period not to exceed one year based on reasonable factors if a request for extension has been filed with a complete extension application submittal before the expiration date and notice of the proposed extension is given to parties of record on the shoreline substantial development permit, shoreline conditional use permit, or shoreline variance and to Ecology. C. Termination. Authorization to conduct development activities shall terminate five years after the effective date of a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance. However, the city may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the shoreline substantial development permit, shoreline conditional use permit, or shoreline variance, and to Ecology. D. Effective Date. The effective date of a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall be the date of receipt as provided in RCW 90.58.140(6). The permit time periods in subsections B and C of this section do not include the time during which a use or activity was not actually pursued due to pending administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. The applicant shall be responsible for informing the city of the pendency of other permit applications filed with agencies other than the city and of any related administrative and legal actions on any permit or approval. If no notice of the pendency of other permits or approvals is given by the applicant to the city prior to the date of the last action by the city to grant permits and approvals 278 necessary to authorize the development to proceed, including administrative and legal actions of the city, and actions under other city development regulations, the date of the last action by the city shall be the effective date. E. Revisions. Revisions to permits may be authorized after original permit authorization has expired; provided, that this procedure shall not be used to extend the original permit time requirements or to authorize substantial development after the time limits of the original permit. F. Notification to Ecology. The city shall notify Ecology in writing of any change to the effective date of a permit, as authorized by this section, with an explanation of the basis for approval of the change. Any change to the time limits of a permit other than those authorized by RCW 90.58.143 as amended shall require a new permit application. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.13.100 Initiation of development. A. Amortization To Begin Construction. Each permit for a substantial development, shoreline conditional use or shoreline variance issued by the city shall contain a provision that construction pursuant to the permit shall not begin and is not authorized until twenty-one days from the date of receipt with Ecology as defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review proceedings initiated within twenty-one days from the date of receipt of the decision. The date of receipt for a substantial development permit means that date the applicant receives written notice from Ecology that it has received the decision. With regard to a permit for a shoreline variance or a shoreline conditional use, date of receipt means the date the city or applicant receives the written decision of Ecology. B. Forms. Permits for substantial development, shoreline conditional use, or shoreline variance may be in any form prescribed and used by the city, including a combined permit application form. Such forms will be supplied by the city. C. Data Sheet. A permit data sheet shall be submitted to Ecology with each shoreline permit. The permit data sheet form shall be consistent with WAC 173-27-990. D. Construction Prior to Expiration of Appeal Deadline. Construction undertaken pursuant to a permit is at the applicant's own risk until the expiration of the appeals deadline. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.13.110 Review process. A. After the city's approval of a conditional use or variance permit, the city shall submit the permit to the department for Ecology's approval, approval with conditions, or denial. Ecology shall render and transmit to the city and the applicant its final decision approving, approving with 279 conditions, or disapproving the permit within thirty days of the date of submittal by the city pursuant to WAC 173-27-110. B. Ecology shall review the complete file submitted by the city on conditional use and variance permits and any other information submitted or available that is relevant to the application. Ecology shall base its determination to approve, approve with conditions or deny a shoreline conditional use permit or shoreline variance on consistency with the policy and provisions of the SMA and, except as provided in WAC 173-27-210, the criteria in WAC 173-27-160 and 173-27- C. The city shall provide appropriate notification of Ecology's final decision to those interested persons having requested notification from local government pursuant to WAC 173-27-130. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.13.120 Appeals. A. Administrative review decisions by the administrator, based on a provision of this SMP, may be the subject of an appeal to the hearing examiner by any aggrieved person. Such appeals shall be an open record hearing before the hearing examiner. B. Appeals of exemptions are allowed only for exemptions where a letter is required pursuant to YM C 17.13.050. C. Appeals must be submitted within fourteen calendar days after the date of decision or written interpretation together with the applicable appeal fee. Appeals submitted by the applicant or aggrieved person shall contain: 1. The decision or interpretation being appealed, including the file number reference and the specific objections in the decision document; 2. The name and address of the appellant and his/her interest(s) in the application or proposed development; 3. The specific reasons why the appellant believes the decision or interpretation to be erroneous, including identification of each finding of fact, each conclusion, and each condition or action ordered which the appellant alleges is erroneous. The appellant shall have the burden of proving the decision or interpretation is erroneous; 4. The specific relief sought by the appellant; and 5. The appeal fee established by the city. D. Per WAC 173-27-120, the city shall comply with special procedures for limited utility extensions and bulkheads. If there is an appeal of the decision to grant or deny the permit to the hearing examiner, the appeal shall be finally determined by the hearing examiner within thirty days. 280 E. Appeals to the shoreline hearings board of a final decision on a shoreline substantial development permit, shoreline conditional use permit, shoreline variance, or a decision on an appeal of an administrative action may be filed by the applicant or any aggrieved party pursuant to RCW 90.58.180 within twenty-one days of receipt of the final decision by the city or by Ecology as provided for in RCW 90.58.140(6). (Ord. 2015-002 § 1 (Exh. A)(part)). 17.13.130 Amendments to permits. A. A permit revision is required whenever the applicant proposes substantive changes to the design, terms or conditions of a project from that which is approved in the permit. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, this SMP, and/or the policies and provisions of Chapter 90.58 RCW. Changes which are not substantive in effect do not require approval of a revision. B. When an applicant seeks to revise a permit, the city shall request from the applicant detailed plans and text describing the proposed changes. Proposed changes must be within the scope and intent of the original permit, otherwise a new permit may be required. C. If the city determines that the proposed changes are within the scope and intent of the original permit, and are consistent with this SMP and the Act, the city may approve a revision. D. "Within the scope and intent of the original permit" means all of the following: 1. No additional over-water construction is involved except that pier, dock, or float construction may be increased by five hundred square feet or ten percent from the provisions of the original permit, whichever is less; 2. Ground area coverage and height may be increased a maximum of ten percent from the provisions of the original permit; 3. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of this SMP except as authorized under a shoreline variance granted as the original permit or a part thereof; 4. Additional or revised landscaping is consistent with any conditions attached to the original permit and with this SMP; 5. The use authorized pursuant to the original permit is not changed; and 6. No adverse environmental impact will be caused by the project revision. E. The revision approval, including the revised site plans and text clearly indicating the authorized changes, and the final ruling on consistency with this section shall be filed with Ecology. In addition, the city shall notify parties of record of their action. F. If the revision to the original permit involves a shoreline conditional use permit or shoreline variance, the city shall submit the revision to Ecology for approval, approval with conditions, or 281 denial, and shall indicate that the revision is being submitted under the requirements of this subsection. Ecology shall render and transmit to the city and the applicant its final decision within fifteen days of the date of Ecology's receipt of the submittal from the city. The city shall notify parties of record of Ecology's final decision. G. The revised permit is effective immediately upon final decision by the city or, when appropriate per subsection F of this section, upon final action by Ecology. Construction undertaken pursuant to a permit is at the applicant's own risk until the expiration of the appeals deadline. 1. Filing. Appeals of a revised permit shall be in accordance with RCW 90.58.180 and shall be filed within twenty-one days from the date of receipt of the city's action by Ecology or, when appropriate under shoreline variances or conditional uses, the date Ecology's final decision is transmitted to the city and the applicant. 2. Basis of Appeals. Appeals shall be based only upon contentions of noncompliance with the provisions of subsections A and B of this section. Appeals shall be based on the revised portion of the permit. 3. Risk. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant's own risk until the expiration of the appeals deadline. 4. Scope of Decision. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.13.140 SMP amendments. A. This shoreline master program carries out the policies of the Shoreline Management Act for the city. It shall be reviewed and amended as appropriate in accordance with the review periods required in the Act and in order to: 1. Assure that the master program complies with applicable law and guidelines in effect at the time of the review; and 2. Assure consistency of the master program with the city's comprehensive plan and development regulations adopted under Chapter 36.70A RCW, if applicable, and other local requirements. B. This SMP and all amendments thereto shall become effective fourteen days from the date of Ecology's written notice of final approval. C. The SMP may be amended annually or more frequently as needed pursuant to the Growth Management Act. 282 D. Initiation. Future amendments to this shoreline management plan may be initiated either by any person, resident, property owner, business owner, governmental or nongovernmental agency, shoreline administrator, planning commission, or city council as appropriate. E. Application. Applications for shoreline master program amendments shall specify the changes requested and any and all reasons therefor. Applications shall be made on forms specified by the city. Such applications shall contain information specified in the city's procedures for comprehensive plan and development regulation amendments pursuant to Chapter 36.70A RCW, the Growth Management Act, and information necessary to meet minimum public review procedures in subsection F of this section. F. Public Review Process—Minimum Requirements. The city shall accomplish the amendments in accordance with the procedures of the Shoreline Management Act, Growth Management Act, and implementing rules including, but not limited to, RCW 90.58.080, WAC 173-26-100, RCW 36.70A.106 and 36.70A.130, and Part Six, Chapter 365-196 WAC. G. Roles and Responsibilities. Proposals for amendment of the shoreline management plan shall be heard by the planning commission. After conducting a hearing and evaluating testimony regarding the application, including a recommendation from the shoreline administrator, the planning commission shall submit its recommendation to the city council, who shall approve or deny the proposed amendment. H. Finding. Prior to approval, the city shall make a finding that the amendment would accomplish subsections (H)(1) or (2) of this section, and must accomplish subsection (H)(3) of this section: 1. The proposed amendment would make this program more consistent with the Act and/or any applicable Department of Ecology Guidelines; 2. The proposed amendment would make this program more equitable in its application to persons or property due to changed conditions in an area; 3. This program and any future amendment hereto shall ensure no net loss of shoreline ecological functions and processes on a programmatic basis in accordance with the baseline functions present as of the effective date of this SMP. I. After approval or disapproval of a program amendment by the Department of Ecology as provided in RCW 90.58.090, Ecology shall publish a notice that the program amendment has been approved or disapproved by Ecology pursuant to the notice publication requirements of RCW 36.70A.290. (Ord. 2015-002 § 1 (Exh. A)(part)). 283 17.13.150 Enforcement. The city shall apply Chapter 173-27 WAC, Part II, Shoreline Management Act Enforcement, to enforce the provisions of this SMP whenever a person has violated any provision of the Act, this SMP, or other regulation promulgated under the Act. (Ord. 2015-002 § 1 (Exh. A)(part)). 17.13.160 Monitoring. A. The city will track all shoreline permits and exemption activities to evaluate whether the SMP is achieving no net loss of shoreline ecological functions. Activities to be tracked using the city's permit system include development, conservation, restoration and mitigation, such as: 1. New shoreline development. 2. Shoreline variances and the nature of the variance. 3. Compliance issues. 4. Net changes in impervious surface areas, including associated stormwater management. 5. Net changes in fill or armoring. 6. Net change in linear feet of flood hazard structures. 7. Net changes in vegetation (area, character). B. Using the information collected per subsection A of this section, a no net loss report shall be prepared every eight years as part of the city's shoreline master program evaluation or comprehensive plan amendment process. Should the no net loss report show degradation of the baseline condition documented in the city's shoreline analysis report, changes to the SMP and/or shoreline restoration plan shall be proposed at the time of the eight-year update to prevent further degradation and address the loss in ecological functions. (Ord. 2015-002 § 1 (Exh. A)(part)). APPENDIX B: DESIGNATED -i YPE 2 STREAM CORRIDORS The following stream reaches within Yakima County are designated critical areas under the City of Yakima's Critical Areas in Shoreline Jurisdiction (YMC Chapter 17.09): 1. Bachelor Creek: From source at Ahtanum Creek (SEC13-TWP12N-RGE16 EWM) downstream to its mouth at Ahtanum Creek (SEC1-TWP12N-RGE18E). 2. Cottonwood Canyon Creek: From the south line of SEC32-TWP13N-RGE17E, downstream to mouth at Wide Hollow Creek (SEC36-TWP13N-RGE17E). 3. Hatton Creek: From its source at Ahtanum Creek (SEC18-TWP12N-RGE17) downstream to its confluence with Ahtanum Creek (SEC18-TWP12N-RGE18E). 4. Wide Hollow Creek: From the east line of the SW1/4 of the NW1/4 (SEC28-TWP13N- RGE17E) downstream to the mouth at the Yakima River. 284 5. Cowiche Creek: that portion which is not designated Type 1. 6. Spring Creek and associated tributaries. (Ord. 2015-002 § 1 (Exh. A)(part)). 285 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 1 Item No. 10. For Meeting of: June 6, 2017 ITEM TITLE: Public hearing and Ordinance to consider Growth Management Act Updates: Development Regulations Implementation - YMC Title 14, Title 15, and Title 17 SUBMITTED BY: Joan Davenport, Al CP, Community Development Director Joseph Calhoun, Planning Manager (509) 575-6042 SUMMARY EXPLANATION: The Growth Management Act (GMA) requires cities to review and revise its comprehensive plan and development regulations on a periodic update cycle. The City of Yakima is required to complete its update cycle by June 30, 2017. The City of Yakima began its update in early 2015 by adopting a Public Participation Plan (Resolution R-2015-071). The proposed Development Regulation amendments to YMC Titles 15 and 17 are consistent with the GMA and Best Available Science (BAS). ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt Ordinance. City Manager BOARD/COMMITTEE RECOMMENDATION: Planning Commission held an open record public hearing on 5/10/17 and recommended approval. ATTACHMENTS: Description Upload Date Type 2 O Ordinance 5/31/2017 Ordinance Exhibit "B" Development Regulations Track Changes O 5;31/2017 Backup Material Summary O Development Regulations_Complete Oean Version 5/26/2017 Cover Memo O YPC Recommendation 5;26/2017 Backup Material O Public Comments 5/26/2017 Backup Material err ■ rw1 PlannNg DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning YAKIMA PLANNING COMMISSION 367 RECOMMENDATIONS TO THE YAKIMA CITY COUNCIL FOR GROWTH MANAGEMENT ACT UPDATES: CITY OF YAKIMA COMPREHENSIVE PLAN 2040, TRANSPORTATION SYSTEMS PLAN 2040, CAPITAL FACILITIES PLAN, AND DEVELOPMENT REGULATIONS May 16, 2017 WHEREAS The City of Yakima is required to plan under the Washington State Growth Management Act (GMA) RCW 36.70A.040; and WHEREAS RCW 36.70A.130(5)(c) requires the City of Yakima to take legislative action to review and, if needed, revise its comprehensive plan and development regulations, including its policies and regulations designating and conserving natural resource lands and designating and protecting critical areas to comply with the requirements in Chapter 36.70A RCW by June 30, 2017; and WHEREAS The City of Yakima adopted its public participation program, including multiple opportunities for public participation in the Comprehensive Plan Update, said opportunities being set forth, attached hereto and incorporated herein by this reference as Exhibit "A"; and WHEREAS Notice of all amendments to the Comprehensive Plan and Development Regulations was sent to the Washington State Department of Commerce and received by the same on March 17, 2017, that date being at least sixty days before the amendments are scheduled to be adopted by City Council, in accordance with RCW 36.70A.106; and WHEREAS All required public notice for these amendments were provided in accordance with the provisions of YMC Ch. 16.10; and WHEREAS The City of Yakima sought community -wide participation in the update by providing specific notice of opportunities to provide comment to an extensive list of local and state agencies and other parties of record, a complete list can be found in the SEIS appendices; and WHEREAS The City of Yakima established goals and policies within this Plan to facilitate and guide the development of new regulations, based upon "Best Available Science" (as defined within the GMA), to protect and enhance both critical areas and shorelines, as required; and 368 WHEREAS At its May 10, 2017 public hearing, the Yakima Planning Commission heard the staff presentation regarding the proposed Comprehensive Plan and Development Regulations, considered public testimony in both written and verbal forms from Joe Walsh, Rob Strader, Shirley Strader, Phil Hoge, Tony Sandoval, and Bill Hordan, and unanimously recommended approval subject to incorporation of the suggested changes as discussed in the meeting minutes; and WHEREAS These updates are considered to be a non -project application without a specific use or site plan to be considered; and WHEREAS SEPA Environmental Review for these updates was considered under a Supplemental Environmental Impact Statement (SEIS), the Final SEIS will be issued at least seven days prior to council consideration; and WHEREAS The Yakima Planning Commission concluded its consideration of the GMA update process on May 10, 2017. Now therefore, the Yakima City Planning Commission presents the following findings and recommendation to the Yakima City Council: Based upon a review of the information contained in the application, staff report, exhibits, testimony, and other evidence presented at an open record public hearing held on May 10, 2017, the Planning Commission makes the following: PURPOSE AND DESCRIPTION OF PROPOSED AMENDMENTS: The purpose of the proposed Growth Management Act updates. Proposed Amendments: The amendments to the Comprehensive Plan will: a. Update the Land Use, Economic Development, Historic Preservation, Housing, Transportation (and Transportation Systems Plan), Capital Facilities (and Capital Facilities Plan), Utilities, Parks and Recreation, Natural Environment, and Energy Elements of the City of Yakima's Comprehensive Plan; b. Guide Yakima's physical development to the year 2040; c. Maintain consistency with the Growth Management Act, RCW 36.70A; The amendments to YMC Titles 14, 15, and 17 will: a. Amend YMC 14.20.160 Preliminary Plat -Expiration of approval -Extension -Conditions to revise the final plat submission timelines, consistent with RCW 58.17.140; b. Add a new section YMC § 15.06.035 Electric Vehicle Charging Stations to allow electric vehicle charging stations in the commercial and industrial zoning districts and in public parking lots/on-street public parking areas; 369 c. Amend multiple sections of YMC Ch. 15.27 Critical Areas to implement the Best Available Science (BAS), as contained in Appendix B — Gap Analysis of the SEIS, including; d. Amend multiple sections of YMC Title 17 Shoreline Master Program Regulations to implement the Best Available Science (BAS), as contained in Appendix B — Gap Analysis of the SEIS. FINDINGS OF FACT 1. On May 19, 2015, the City of Yakima adopted its Public Participation Plan for this GMA update process. 2. There were multiple opportunities to provide input on the proposed GMA updates, as contained in Exhibit "A." 3. Public notice was provided in accordance with YMC Ch. 16.10, with a Notice of Public Hearing and Legal Ad Publication in the Yakima Herald newspaper on March 17, 2017. 4. At its May 10, 2017 public hearing, the Yakima Planning Commission heard the staff presentation regarding the proposed Comprehensive Plan and Development Regulations, considered public testimony in both written and verbal forms from Joe Walsh, Rob Strader, Shirley Strader, Phil Hoge, Tony Sandoval, and Bill Hordan, and unanimously recommended approval subject to incorporation of the suggested changes as discussed in the meeting minutes; 5. The commission found that the Growth Management Act Updates: City of Yakima Comprehensive Plan 2040, Transportation Systems Plan 2040, Capital Facilities Plan, and Development Regulations amendments are consistent with RCW 36.70A and Best Available Science. YAKIMA PLANNING COMMISSION'S CONCLUSIONS 1. No adverse impacts have been identified; 2. The proposed updates underwent Environmental Review; 3. The proposed Comprehensive Plan 2040 and Transportation Systems Plan 2040 supersedes the City of Yakima's Comprehensive Plan 2025 and Transportation Plan 2025, and subsequent amendments; and, 4. The proposed amendments to YMC Ch. 15.27 and Title 17 are consistent with the Best Available Science. MOTION Based on the testimony and evidence presented during this afternoon's public hearing, I move that the City of Yakima Planning staff modify the findings of fact and draft ordinance, to include the changes noted in the minutes of this afternoon's public hearing, and with these changes move that the Planning Commission approve the modified findings and ordinance, and order that the modified draft ordinance be forwarded to the Yakima City Council with a recommendation for approval. Yakima IFYIIn Gd ' 1111, 2015 1994 370 RECOMMENDATION TO CITY COUNCIL The Planning Commission of the City of Yakima, having received and considered all evidence and testimony presented at the public hearing, and having received and reviewed the record herein, hereby recommends that the City Council of the City of Yakima APPROVE the proposed Growth Management Act Updates: Comprehensive Plan 2040, Transportation Systems Plan 2040, Capital Facilities Plan, and Development Regulations, and forwards the proposed ordinance to the Yakima City Council. RECOMMENDED this 16th day of May 2017. By: Scott Clark, Chairman Yakima Planning Commission Yakima 2015 1994 April 29, 2015: May 19, 2015: June 25, 2015: September 15, 2015: October 6, 2015: February 17, 2016: February 23, 2016: February 23, 2016: March 31, 2016: May 25, 2016: July 27, 2016: August 31, 2016: September 28, 2016 October 12, 2016: October 26, 2016: November 9, 2016 December 14, 2016: YPC study session on Land Use element January 10, 2017: 371 Planning Commission Findings — Exhibit A Public Participation and Timeline Yakima Planning Commission (YPC) reviewed, discussed and recommended approval of the Public Participation Guide Public Participation Plan adopted by Resolution R-2015-071 Request for Qualifications (RFQ) made available for consultant selection for Comprehensive Plan and Transportation Systems Plan Updates Professional Services Agreement with consultant team from Berk Consulting, MAKERS Architecture, and Shannon and Wilson to facilitate and assist in the City's Comprehensive Plan update executed by Resolution R-2015-115 Professional Services Agreement with consultant team from Transpo Group to facilitate and assist in the City's Transportation Plan update executed by Resolution R-2015-119. The scope of work was amended on November 10, 2016. Visioning survey made available Visioning Open House at YV Tech Skills Center Request for Consideration made available for Citizen Comp Plan Amendment requests Visioning survey closes — 185 responses recieved Planning Commission Outreach Workshop YPC study session on suggested land use changes and citizen amendment requests YPC study session on land use designations and citizen amendment requests YPC study session on citizen amendment requests YPC study session on Plan Foundation and Vision YPC study session on Natural Environment, Housing, and Utilities elements YPC study session on Parks and Recreation element January 11, 2017: Yakima Bicycle and Pedestrian Commission (YBAPC) study session on Transportation Systems Plan YPC study session on Economic Development, Historic Preservation, and Energy elements January 25, 2017: Yakima Historic Preservation Commission study session on Historic Preservation element February 15, 2017: YBAPC study session on Transportation Systems Plan and Bicycle Master Plan March 17, 2017: March 17, 2017: March 22, 2017: March 23, 2017: March 28, 2017: March 29, 2017: April 11, 2017. April 11, 2017: April 12, 2017: April 12, 2017: April 13, 2017: April 26, 2017: May 9, 2017: May 10, 2017: 372 Draft documents (Comp Plan 2040, Transportation Systems Plan, Capital Facilities Plan, Development Regulations, Draft Supplemental Environmental Impact Statement) made available on website, notice sent to parties of record and SEPA agencies, display ad in Yakima Herald Republic and El Sol newspapers Draft documents and notice of intent to adopt sent to Department of Commerce YPC study session on Development Regulations and Critical Areas Best Available Science Yakima Economic Development Committee study session on Economic Development Element YBAPC study session on Transportation Systems Plan Yakima Neighborhood and Community Building Committee study session on Comprehensive Plan Joint Yakima City Council and YPC study session on Comprehensive Pian 2040 and Development Regulations Public open house at YV Tech Skills Center YPC study session on Critical Areas Best Available Science Yakima Parks and Recreation Commission study session on Parks and Recreation Element YBAPC study session on Transportation Systems Plan YPC study session on Transportation Element and Transportation Systems Plan YBAPC study session on Transportation Systems Plan YPC Open Record Public Hearing on Comprehensive Plan 2040 and Development Regulations Yakima Office 3301 vie. Nob HIIE EIN:c1. Yakima,WA 98902. - (509) 454--4006- North 54 4006 North Central Office -123 Chme Garden Road, Suite 5 Wenatchee, WA 98801 (509) 421--1803 Kittitas Office 1206 N. Dalarway. Suite 216 Ellensburg, WA 98926 (509) 856-4844 CWHBAU; ?Lnt\ a tSI.IJJD CWHBA City of Yakima Planning Commission 129 N 2nd Street Yakima, WA 98901 9ECEIVED MAY 0 2017 CITY (]F YAK111,IA May 10, 2017 RE: Yakima Comprehensive Plan 2040 On behalf of the many members of the CWHBA, I would like to thank you for this opportunity to comment on this current update to Yakima Comprehensive Plan 2040. I understand the complexity of this endeavor and I appreciate the time and energy you have invested in this process. First of all, we would like to thank Planning staff for their willingness to look beyond new development as the sole source of growth. Infill and re -development haven't received much attention in Yakima until now. We appreciate its inclusion in Plan 2040. We do have a few thoughts to share on the Growth Management Act Goals listed in the Introduction section of the Comp Plan on page INTR-4. For comparison, I've attached a copy of the GMA Planning Goals directly from the RCW 36.70A.020 to these comments. In my view, there are some on this list of goals that misconstrue the meaning and intent of the RCW. The first is the Housing element. To quote the RCW: (4) "Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, ..." The Comp Plan version of this is: "Encourage a variety of housing types including affordable housing." This reads as if "affordable housing" were a type of housing intended for a particular economic segment. It is clearly a misinterpretation of the RCW. It should read "Encourage a variety of affordable housing types. The RCW Goal (6) Property rights. "Private property shall not be taken for public use ... The property rights of landowners shall be protected from arbitrary and discriminatory actions." This is a bold statement calling for a defensive approach to property rights. However, the stated Comp Plan goal is: "recognize property rights." That almost sounds like a reluctant admission that Yes, they exist, and there's not much we can do about it. My recommendation is that the action word be changed; it should read Protect property rights. Then there is RCW Goal (8) Natural Resource Industries. "Maintain and enhance natural resource-based industries, ... timber, agriculture, Submitted: 5/107/7 WC MearinSS Phone:(509) 454-4006 Fax:(509) 454-4008 I www.cwhba.org I social media ©cwhba Yakima Office 3301 W. Nob I ;Ill Blvd. Yakima, WR 98902. •(5091454-4005 North Central Office 123 Ohm4 Carden• Roast, Suite 5 Wenatchee, WA 98801 (509) 42l-1803 Kittittas Office 1205 N. aaiarway, Suite 276 Ellensburg WA 98926 (509)955-4344 LI. W33 13 CWHBA RECEIVED CITY of= YAK1MA PI.Al,?:; :ki:1 DIV. fisheries." Again, this reads as an aggressive call to action. To my way of thinking this requires much more jurisdictional creativity than just a basic Protect approach as indicated in the Comp Plan. The RCW identifies these natural resource-based "Industries" as productive enterprises, and calls on the jurisdiction to creatively work toward the Enhancement of them. Finally, we would just like to point out there is no RCW planning goal called "Support parks and recreation." This is a subset of the previous goal of Open Space. It's like the third goal on the list - "Protect rural character"; it is also subset of both goal 1 and 2. Pulling them out separately is somewhat misleading in that they are not stand alone goals. The remainder of our comments are suggestions and observations for the Critical Areas Ordinance (Ch. 15.27). 15.27.200 Definitions generally - Priority habitat and species. The language recommended is broad to the point of being worrisome. Does staff have the expertise to interpret the meaning and intent of the language in the references? If it is not mandatory that this be included, we would prefer eliminating it. 15.27.409 Permitted Uses. We appreciate the modifications to the initial draft allowing for some development in the floodway fringe. However, it comes with a hefty price -a "Study" produced by a qualified professional in accordance with YMC 15.27.314. Studies take additional time and can be costly. We prefer being held to the federal building code standard. 15.27.505 Water Typing B. This section is recommended for change. It is optional and should not be included. 15.27.514 Vegetative Buffers. The basis for the recommended changes is an unpublished document. It is our position that only published Best Available Science should be referenced. 15.27.604 Wetland Buffers This section is recommended to grow from 2 pages in length to 10 pages. It is not required and should not be included. Phone:(509) 454-4006 Fax:(509) 454-40081 www.cwhba.org 1 social media ©cwhba Yakima cake 33'01 w. Nob HIII Blvd. Yakima, WA 98902 (50 9) 454-4006. North Centras Office 123 0hme Garden Road, Suite Wenatchee, VIA 98801 (509) 421-1803 Kittitas Office 1206 N. poialway. Suite 216 EIlenshLrg, WA 98526 (5091856-4844 Lr • — ESI1955 --- CWHBA LSI. lUn CWHBA RECEIVED 375 MAY 1 0 2017 CITY OF YAKIMA Ju DIV CARA (15.27.810) Mapping. We support the additional reference maps. Additional information like this is always an asset. CARA (15.27.820) Protection Approach. This section is recommended to grow from 1 page in length to 5 pages. It is not required and should not be included. The Central Washington Home Builders Association is all about affordable housing. Housing that is affordable to all wage-earning groups, not just a few. Pointing out the consequences of governmental regulatory action is one way we attempt to keep a damper on unnecessary costs. In the most recent National Association of Home Builders (NAHB) study of the cost of regulation, (March 2016), averaged for the entire country, it was determined that government regulation (federal, state and local) accounted for 24.3% of the total consumer cost in the purchase of a new home. In real dollars, that was $84,671 on top of costs directly related to construction and sales. But because we live in Washington State, we are saddled with an additional 8.2% in regulatory costs. This brings the total direct cost of government to over $105,000 for the average homebuyer purchasing a $300,000 home in the State of Washington. Regulations often have consequences - sometimes it's big! As you deliberate on the content of this Yakima Comprehensive Plan 2040, please remember the consequences. If we truly expect to safely house our community as laid out in the Comp Plan Housing Goals and Policies, we must be cautious with adding more regulation than absolutely necessary. Thank you for your hard work and this opportunity for us to provide comment. Sinrely, Joe/Walsh Government Affairs Director Phone:(509) 454-4006 Fax:(509) 454-4008 1 www.cwhba.org 1 social media ©acwhba RCW 36.70A.020: Planning goals. RCW 36.70A.020 Planning goals. RECEIVED MAY 1 0 2017 CITY OF YAKIMA PLA`;N:: DIV_ Yage1orz 376 The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70-'s.C40. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations: (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. (2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development. (3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. (4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. (5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. (6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions. (7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability. (8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forestlands and productive agricultural lands, and discourage incompatible uses. (9) Open space and recreation. Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. (11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. (12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. (13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance. http://app.leg.wa.gov/RCW/defaultaspx?cite=36.70A.020 5/10/2017 Yakima Office 3301 W. Nob Hill Blvd. Yakima, WA 98902 (509) 454-4006 North Central Office 123 Ohme Garden Road, Suite 5 Wenatchee. WA 98801 (509) 421-1803 Kittitas Otrice 11206 N. 0olarway, Suite 216 Ellensburg, WA 98926 (509) 856-4844 LSI. IS33 CWHBA 377 City of Yakima Planning Commission 104 North 1st Street Yakima, WA 98901 April 26, 2017 RE: Yakima Critical Areas Ordinance Update (YMC, Chapter 15.27) Honorable Planning Commission Members: On behalf of the many members of the CWHBA, I would like to thank you for this opportunity to comment on this current update to Chapter 15.27, the Critical Areas Ordinance. I understand the complexity of this endeavor and I appreciate the time and energy you have invested in this process. The following is a list of suggestions and observations: 15.27.200 Definitions generally - Priority habitat and species The language recommended is broad to the point of being worrisome. Does staff have the expertise to interpret the meaning and intent of the language in the references? If not, we would prefer not including it and allow the SEPA process to reveal all that applies to a particular project. 15.27.409 Permitted Uses. We appreciate the modifications to the initial draft allowing for some development in the floodway fringe. However, it comes with a price - a "Study" produced by a qualified professional in accordance with YMC 15.27.314. Studies take additional time and can be costly. We prefer being held to the federal minimum building code standard. 15.27.505 Water Typing B. This section is recommended for change. It is optional and should be rejected. 15.27.514 Vegetative Buffers The basis for the recommended changes is an unpublished document. We suggest any update here be based upon published BAS. 15.27.604 Wetland Buffers This section is recommended to grow from 2 pages in length to 10 pages. Not required. CARA (15.27.810) Mapping. We support the additional reference maps. CARA (15.27.820) Protection Approach. This section is recommended to grow from 1 page in length to 5 pages. Not required. Phone:(509) 454-4006 Fax:(509) 454-4008 I www.cwhba.org I social media @cwhba 378 The Central Washington Home Builders Association is all about affordable housing. Housing that is affordable to all wage-earning groups, not just a few. Pointing out the consequences of governmental regulatory action is one way we hope to keep a damper on unnecessary costs. In the most recent NAHB study of the cost of regulation, (March 2016), averaged for the entire country, it was determined that government regulation (federal, state and local) accounted for 24.3% of the total consumer cost in the purchase of a new home. In real dollars, that was $84,671 on top of costs directly related to construction and sales. But because we live in Washington State, we are saddled with an additional 8.2% in regulatory costs. This brings the total direct cost of government to over $105,000 for the average homebuyer purchasing a $300,000 home in the State of Washington. Regulations have consequences - they come with a price! As you deliberate on the content of this 2017-2022 CAO update, please remember consequences. If we truly expect to safely house our community as laid out in the Comp Plan Housing Goals and Policies, we must be cautious with adding more regulation than absolutely necessary. Thank you for this opportunity to provide comment. Sincerely, oc Joe Walsh Government Affairs Director Report: Government regulations add $84,671 to new home prices Washington Free Beacon Government regulations are responsible for adding $84,671 to the final price of a new single-family home, according to a report from the National Association of Home Builders. According to the report, regulations implemented during the lot's development are responsible for 14.6 percent of the total, while 9/ percent is due to costs that accrue after the builder has purchased a finished lot. "Regulations come in many forms and can be imposed by different levels of government," explains the report. "At the local level, jurisdictions may charge permit, hook-up, and impact fees and establish development and construction standards that either directly increase costs to builders and developers, or cause delays that translate to higher costs," "The federal government can also impact the price of a home --for example, by requiring permits for stormwater discharge on construction site, which may lead to delays in addition to the hard cost of filing for a permit." The association appiiedl the percentage increase due to regulation to home prices from Census data and found that regulatory costs in a home went from $65,224 in April of 2011 to $84,671 in March 2016—a 29.8 percent increase. Regulatory costs during construction increased the fastest from $22,535 to $33,784 during that same time period—an increase of 50 percent. Regulatory costs during development increased by 19.1 percent. Remember in Washington State you need to add another 8.2% to the cost: Example: On a $300,000 home add another $23,000 Making the total direct cost of government over $105,000. 380 Calhoun, Joseph From: Phil Hoge <philhoge@aol.com> Sent: Tuesday, May 16, 2017 11:25 PM To: Calhoun, Joseph Subject: Comments on Comp Plan 2040 Joseph, When I testified to the Yakima Planning Commission on May 10, I said that I might provide written comments by May 16 (the deadline for comments) after seeing the BPAC's comments. Here are my supplemental written comments: 1. I support the BPAC's and the Yakima Planning Commission's recommendations as you provided in your email below. 2. I support Yakima Planning Commissioner Peter Marinace's comments at the YPC's 5/10 meeting regarding Zier Road needing bike lanes and sidewalks due to the school children "traffic". I urge you to revise the Draft 2040 Transportation System Plan to incorporate the plans of the WVNP, which recognized that the plan for Zier - between the junior/middle school campus and the 9th/high school campus - should include bike lanes. 3. N. 66th Ave. -- I urge that the section of N. 66th Ave. between Summitview and Cowiche Canyon Rd be designated appropriately for biking and walking. As indicated in the WVNP, this section is a key leg in the Greenway Master Plan's "West Side Loop". It is also the only way for connecting west Yakima residents with the Cowiche Canyon Conservancy trail. -Phil Hoge Original Message From: Calhoun, Joseph <Joseph.Calhoun@YAKIMAWA.GOV> To: phil hoge <philhoge@aol.com> Sent: Thu, May 11, 2017 8:00 am Subject: RE: Comp Plan 2040 Phil, The YBPAC's recommendations, and other changes, are contained in the text below. The ADA transition plan is not completed at this time. I will check with Engineering on the progress. Page 8 1. New Section 1.4.2 - talks about the connection to the Bicycle Master Plan 2. New Section 1.4.3 - talks about the connection to the Airport Master Plan 3. New Section 1.4.4 - talks about the connection to the Transit Development Plan Page 10 4. Section 1.6.3 - Added language regarding historic transit ridership that can be found in the Transit Development Plan. Page 13 5. Section 2.1.1 - Clarified grade separated crossing for Valley Mall Boulevard only. Page 15 6. Figure 2-1 a. Add a Traffic Signal at 64th and Tieton. b. Add a Traffic Signal at 72nd and Mead. c. Add a Traffic Signal at 96th and Wide Hollow Road. Page 28 7. In the second paragraph under 2.2.1, change the number of intersections that don't meet City LOS standards to two and delete the reference to the S. 64th Ave / Tieton Dr intersection. Page 29 1 8. Figure 2-9 a. Change the Two -Way Stop F at the intersection of 64th and Tieton to a Signal B or C. Page 46 9. Figure 4-3 a. Yakima Ave from Interchange to 16th Ave - Shared Priority b. North 1st Street from "I" St to Interchange - Shared Priority c. Nob Hill from 64th Ave to 3rd Ave - Shared Priority d. Tieton Drive from 72nd Ave to 5th Ave - Auto Priority e. Fruitvale from 40th Ave to 5th Ave - Shared Priority f. New East/West Corridor - Future Shared Priority g. Identify streets outside of city limits as a different color, regardless of priority Page 50 10. Figure 4-4 a. Remove Yakima Ave as a Truck Route Page 53 11. Figure 4-6 a. EastNVest Corridor as future Primary Pedestrian Route b. North 6th Avenue from Fruitvale to City Limits - Primary Pedestrian Route (same as on Fig 4-8) Page 54 12. Figure 4-8 c. Add East/West Corridor as future Primary Bike Route Page 61 13. Figure 4-9 d. Add project R-1 (H Street Extension) to the map. 14. Project List: e. A-13 - Clarification of X project Joseph Calhoun Original Message From: phil hoge [mailto:philhoge@aol.com] Sent: Wednesday, May 10, 2017 4:01 PM To: Calhoun, Joseph<Jaseph.Calhoun[a7,YAKIMAWA.GOV> Subject: Comp Plan 2040 Hi Joseph, Could I get a look at: 1. BPAC's recommendations, 2. ADA Transition Plan (mentioned on page T-9, policy 6.5.18)? ---PH 2 381 382 Calhoun, Joseph From: Joshua Hicks <joshuadavidhicks@gmail.com> Sent: Tuesday, May 16, 2017 4:53 PM To: Calhoun, Joseph Subject: Comprehensive Plan 2040 input Hi Joseph, I'd like to weigh in on the 2040 Comprehensive Plan, and I'm grateful for the opportunity to do so. As a whole I am very positive about the plan and the direction it provides for our city over the next 23 years. Even projects of which I was skeptical, namely the Mill Site development, I now feel more positive about. Since I largely agree with the content of the plan, my feedback is primarily concerned with prioritization/focus and sustainability. I encourage Yakima to focus on the following: • Map out the city's revenue streams and expenses by parcel (this presents the city and the public with hard data on what investments will be most sustainable and have the greatest return; improving what's already profitable will help us grow and endure as well as provide the funds for improving those areas of the city that are not profitable) Organizations such as Urban3 specialize in this type of analysis • Emphasis on maintenance and improvement of existing infrastructure first and foremost • Emphasis on maintenance and improvement of sections of the city older than 75 years • Set a target of 40 to 1 private to public investment dollars for all future new development (current projects such as Downtown Plaza exempt; future projects such as Mill Site non-exempt) • Set a minimum of 20 to 1 private to public investment dollars for all future new development (current projects such as Downtown Plaza exempt; future projects such as Mill Site non-exempt) • Ensure city finance practices accrual accounting rather than cash accounting • Remove parking minimums city-wide (not just downtown) Some other items worth consideration: • Whenever possible, use permeable pavement • Reduce posted and non -posted speed of residential streets to 20 mph based on National DOT collision survival rates • Encourage reduction of actual automotive speed via reducing lane width on streets designated for increased pedestrian and bicycle use • Enforce pedestrian crosswalk laws With regards to the Bicycle Master Plan, I am very excited about the prospect of actual bicycle infrastructure in Yakima. I think it is an important step in providing greater accessibility and mobility to lower income segments of our population or those seeking financial independence, along with health and quality of life improvements to the rest of the population. It will also help Yakima save money long-term on infrastructure maintenance. I currently commute to and from work via bicycle as much as possible. The route I have settled on takes me briefly north across Tieton Dr through residential streets to the intersection of Yakima Ave and 16th Ave in order to safely and reliable cross 16th Ave. From there I take Yakima Ave all the way to Naches Ave where I i turn left to get to Lincoln Ave. I find Yakima Ave provides a very pleasant view of the city, and the posted automobile speed a better fit for cycling than other routes (although I wish the stretch from 16th Ave to Summitview/7th Ave was also posted 25 mph). Going home I must take Lincoln Ave initially, but given the posted and actual automotive speeds I get off of this thoroughfare as quickly as possible—typically 3rd St or 2nd St. From there I take Sgt Pendleton Way to Front St to Yakima Ave through the intersection with 16th Ave and wend my way through the residential streets back to the south side of Tieton Dr (the evening crossing being quite a bit more difficult). Most of the proposed routes and changes look promising. As I am a comparatively inexperienced cyclist, I'm sure the Toole Design Group can plan better routes and infrastructure for cyclists safety better than I. As a resident, however, I think cycling infrastructure along Yakima Ave would be at least as desirable if not more so than the other routes. Lincoln and MLK were originally designed for automotive throughput for those needing to quickly bypass downtown, and I would personally not choose to bicycle along those routes. Additionally, I'm very concerned about the Chestnut/16th Ave crossing. It just seems dangerous and unreliable to me, and I'm not sure how that would change without a signal (yet a signal might be odd/difficult so close to another signal). As a 5th generation native of Yakima descended from the owner of the first building moved to North Yakima, I love this city. I've lived in Seattle and Los Angeles, and I always planned to return and raise a family here as well. I am happy to be doing just that, and equally happy to find so many others have realized what a special place this city is and the potential it has to be even better. It is my aim to help Yakima be a place where my sons can also grow and thrive and be a part of what makes this one of the best places in the world. Best regards, Joshua Hicks 2 384 Calhoun, Joseph From: Carole Skolrud <carole.skolrud@gmail.com> Sent: Monday, May 08, 2017 7:10 PM To: Calhoun, Joseph Subject: ADDITION OF SIDEWALKS, ETC TO 88TH AVE NE BETWEEN SUMMITVIEW & TIETON Dear Mr. Calhoun, I have actively advocated for the improvements to be made in this location for a number of years. I was encouraged to see its inclusion on the 2040 plan. As this is a potentially serious safety issue, with many schoolchildren walking along a busy street with literally no shoulder (let alone sidewalks), I strongly recommend the completion of this project as soon as possible. Thank you for your consideration, Carole Skolrud (509) 853-5759 1 385 Calhoun, Joseph From: barbsg2@gmail.com Sent: Monday, April 10, 2017 3:03 PM To: Calhoun, Joseph Subject: 2040 plan Hello, Please utilize the 48 miles of city -owned Yakima Valley Transit (YVT) rights-of-way for bike/pedestrian transportation. An inter -connected system of paths/trails is beneficial for: -Economic development - Health ( obesity reduction) - Carbon reduction -Car traffic reduction - Tourism (+connection to Greenway & Cowiche Canyon Conservancy & Wm 0 Douglas trails) -Quality of life for residents This system should be coordinated with UGA utilities (laying sewer, water, electrical & broadband lines while constructing bike/pedestrian paths) & should be included as a key component in the transportation master plan. For more information on routes & funding coordination-- perhaps contact Yakima Bikes & Walks, Phil Hoge &/or Yakima Valley Conference of Governments, Larry Mattson. Thank you. Barb Smith Gilbert Sent from my iPhone 1 386 Calhoun, Joseph From: Landon <Iandonglenn@gmail.com> Sent: Tuesday, March 28, 2017 9:04 PM To: Calhoun, Joseph Subject: Zoning changes Hi Joseph, I am writing as part of the public to state I am in fact in favor of the proposed zoning changes. Action alternative 2 I believe is the name. Thank you. Jay Glenn 1 387 State of Washington DEPARTMENT OF FISH AND WILDLIFE South Central Region 3 — 1701 S. 24'h Avenue, Yakima, WA 98902-5720 Telephone: (509) 575-2740 • Fax: (509) 575-2474 May 16, 2017 Joseph Calhoun, Senior Planner Community and Economic Development City of Yakima 129 North 2nd Street Yakima, Washington 98901 Subject: State Environmental Policy Act Document, Comments on SEIS for Comprehensive Plan 2040 Update, City of Yakima, Yakima County Dear Joseph: The Washington Department of Fish and Wildlife (WDFW) has reviewed the above -referenced State Environmental Policy Act (SEPA) document for a Determination of Significance Notice on the Comprehensive Plan 2040 Update, received via the City website on May 15, 2017, and offers the following comments at this time. Other comments may be offered as the project progresses. NATURAL ENVIRONMENT Management and Removal of Vegetation on Yakima River Levees: The City practices the removal of vegetation on the Federal flood -control levee system within city limits. Active management of levee vegetation is no longer required for U.S. Army Corps of Engineers - PL 84-99 levee certification. The near -stream and sometimes overhanging vegetation, which has been severely cropped for many years, can provide significant cover and shade for fish and a food source in the form of insects, which fall or land on the water from it. "Conditions and Trends" in the draft Comprehensive Plan - Natural Environment section state The loss of riparian vegetation and the associated shade that it provides has also had an impact on water temperatures. Yakima River is listed "of concern" for elevated temperature. Active removal of levee vegetation impairs the recruitment to the river of woody debris organic detritus. Barren levees reduce channel roughness, which is a negative characteristic in terms of providing for levee stability and longevity. Thus, keeping vegetation on levees can have many positive benefits. We recommend that the City immediately suspends its current management of vegetation on the levee system and adopt a policy under Goal 10.4 of sustaining that vegetation and approaching levees as fully part of the Riparian - Fish and Wildlife Habitat Conservation Area. That policy would be consistent with Policy 10.4.3 and 10.4.4. Pierce County, Washington makes available their document related to maximizing habitat while minimizing negative effects of vegetation on levees. This document "Levee Vegetation Management Strategy" is available on the Internet at https://www.co.pierce.wa.us/ArchiveCenter/ViewFile/Item/4622. 388 City of Yakima DCED Comments on SEIS / Plan 2040 May 16, 2017 Page 2 In urban environments where wildlife presence is encouraged it is vital that small patches of habitat be preserved and enhanced. In this environment, wildlife habitat; particularly for birds and small mammals, is limited in urban areas. When looking to develop parks and new development in general; habitat should be preserved. Attempts to make everything clean, manicured, and non-complex should be discouraged. - -Examples of how this can be done is to keep riparian vegetation intact and enhance it in areas, such as along the greenway and local lakes and ponds. Birds typically use these areas both for nesting and as important migration corridors. - -In our parks and open spaces, native vegetation should be planted as landscaping when possible. We should find opportunities to encourage brushy habitat areas in our parks, not just clean landscaping and lawns. - -Wetlands, and floodplain areas, even degraded ones, are often used by urban wildlife. Attempts to fill them in or further degrade them should be discouraged. Thus, a new policy might be adopted, such as: "Conserve, protect and enhance native vegetation in open spaces, parks and riparian areas. Consider using native vegetation for planting in these areas and look for opportunities to enhance habitat for fish and wildlife". Goal 9.3.5 does not convey a clear meaning and its intentions are not well understood. However, we do support certain land uses (parks, athletic venues) where important hydrological functions exist, provided those natural functions continue to be fully maintained following implementation. Natural Environment Maps: 1. The wetlands/stream maps seem to be missing many/most of the smaller wetlands that National Wetlands Inventory (NWI) shows. Our recommendation is to use all the information displayed on the NWI layer. 2. Areas listed as "Urban Natural Environment Open Space" are mapped as Shrub -steppe (also listed as Urban Natural Environment Open Space" in the attributes). The term "Shrub -steppe" carries much more clarity and provides a contextual tie-in to both "Natural Environment" and "Open Space". Thus, "Shrub -steppe" is consistent across the landscape and our is preferred term. Zoning Maps: Some of the floodplain is designated as "Vacant/Under developed/Open Space". We also see that some of the Naches River floodplain is designated as "Agriculture and Resource". The background on these groupings is unknown, but some of this verbiage may be counterproductive in designating floodplain and riparian habitat. 389 City of Yakima DCED Comments on SEIS / Plan 2040 May 16, 2017 Page 3 Thank you for the opportunity to provide these comments. Please feel free to contact me with any questions or clarifications you may require. My phone number is 457-9310. Sincerely, G Eric Bartrand Department of Fish and Wildlife Area Habitat Biologist 1701 S. 24th Avenue Yakima, WA 98902 EB,SD:eb 390 April 18h2017 tiliv "^ 1/41:irv+4,_ (/c°"cl C del t 4.4 TRANSIT and TRANSPORTATION DEMAND MANAGEMENT I have noticed in the 2040 transportation plan there are reference to the General and Safety policy, 1."Multimodal transportation network moves people and goods safely through the city." Other points of interest: 2."To encourage enhanced community access and promote healthy life styles" 3."To be responsive to the needs of passengers (Transit) getting to work and school." 4."This schedule re -alignment (Transit) offered more direct routing and maximize transfer point connections(?), as well as overall frequency(?)of transit service within the community." 5."Reduce growth in vehicle travel demand through TRANSIT, ACTIVE TRANSPORTATION AND OTHER COMMUTE REDUCTION STRATEGIES." 6."2040 plan indicates NO growth for transit from 2016 — 2021" other than capital acquisitions. This plan reads in cover letter style with laudable endeavors, generalities and meets the bureaucratic requirements; however, there are no plan specifics for developing Transit as one of the multimodal transportation systems. Listed below are questions a developing Transit plan would include making it a viable part of the comprehensive plan to growth. How does this plan encourage non-traditional users? How does this plan make transit service more appealing and convenient for non-traditional users? How does this plan intend to educate non-traditional users of it health benefits and advantages? How does this lead non-traditional users into using transit as the gateway to Active Transportation modes as well as for example, the last mile concept. How does Transit encourage non-traditional users to reduce growth in vehicle travel demands? The above point #4 appears effective on paper only, customers using the system find it otherwise. Overall service has been reduced and peak service (to/from work) scaled back, contrary to Table2-1 (2015) giving the appearance of expansive service throughout the week. The trend in ridership is falling figure 2-7 Historical Transit Ridership. How does transit build frequency which builds ridership by non-traditional users? How does this transit plan build AM to PM service (duration) for non-traditional users for work, school and general daily destinations? Is this a Transit Development Plan? 391 What if improving your physical and mental health was as easy as riding the bus? Breathing fresh air, driving safely, being physically active, and avoiding excessive stress are a few of the well-known steps toward living a healthy life style. Actually, using transit supports all of the above! The Victoria Policy Institute and The American Public Transportation Association explored the health impacts of transit, and here is what they found: 1) Public transit users are more active. Individuals who use public transportation get over three times the amount of physical activity per day of those who don't (approximately 19 minutes, rather than six minutes) by walking to stops and final destinations. The U.S. Center for Disease Control recommends 22 minutes of moderate physical activity, such as brisk walking, per day (or 150 minutes per week). Getting active helps lower the risk for many serious diseases, such as: heart and vascular diseases, strokes, diabetes, hypertensive diseases, osteoporosis, joint and back problems, colon and breast cancers, and depression. 2) Buses are safer than individual vehicles. Bus related accidents have one -twentieth the passenger fatality rates of automobile travel. Car accidents are responsible for approximately 40,000 deaths (and many more injuries) per year, making them one of the largest causes of death for people aged 1-44. Traveling on public transit significantly diminishes this threat. Moreover, areas with high public transit movement tend to have better overall security and reduced crime rates. 3) Public transportation reduces stress. Public transportation improves access to education and employment, which in turn leads to better long-term economic opportunities. In fact, 12 percent of transit riders are traveling to schools and almost 60 percent are going to work. It also provides access to social and recreational activities, allowing individuals to participate in events they otherwise couldn't. Furthermore, public transit benefits community cohesion by promoting positive interactions between neighbors. warn how seven transit_agencies were unified with just one app. 4) Public buses keep air cleaner. Pollution is estimated to cause as many deaths per year as traffic accidents. However, buses (especially newer diesel and electrically powered vehicles) produce less pollution than cars per passenger mile by utilizing advanced technologies and higher standards. In fact, from 1992- 2009, buses using alternative fuels (such as natural gas) jumped from 2 to 30 percent and electric rail transit increased from 29 to 34 percent of passenger miles. 392 5) Riding public transportation saves money. "Affordable transportation" generally means that an individual's total travel expenses make up less than 20% of their household finances. Car payments, gas prices and parking can be a major budget drain, but public transportation lessens those financial burdens by alleviating the need to purchase and operate individual vehicles (saving a household around $6,251 annually) and helping riders avoid parking fees. This supports public health by leaving riders with more money for better living arrangements, healthy food, and medical services. 6) Public transportation provides access to essential needs later in life. A survey of Americans aged 65 and older found that non -drivers take 15% fewer trips to the doctor, 59% fewer shopping trips and restaurant visits, and 65% fewer trips for social, family, and religious activities than those using an individual vehicle. Public transportation is a way for these non -drivers (particularly low-income seniors and disabled individuals) to gain access to important services and activities that improve public health such as: healthcare appointments, basic shopping, banking, education, and employment opportunities. The benefits of public transportation are expansive, ranging from public health to household finances. If you'd like to learn more about public transit's positive effec Iirdw ■ii ■ mmill161 SIGN -IN SHEET City of Yakima Comprehensive Plan 2040 Community Review Open House Yakima Valley Technical Skills Center -1120 S 18th Street, Yakima Tuesday April 11, 2017 4:00 p.m. - 8:00 p.m. *PLEASE WRITE LEGIBLY* #7/ sir AIM i►W PlannYi"ng NAMEMilk- ' MAILING ADDRESS orMAIL COUNCIL # / "! :n. 5161 -,_ Jou q t t • . 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Loam k Vac c-eA71 c vu.te.5 CUD t-RfS-� s .p �' 0 c,� (' 0 et (,z--(A/La____ \,1c-tig4:\ r --LQ L) t clt .lac , °1.e G, U v r-2 V_e i,o1710 l a — t 1 iL- - y.., , .ii t Comprehensive Plan 2040 — Public Comments City of Yakima Comprehensive Plan 2040 Community Visioning Open House Yakima Valley Technical Skills Center -1120 S 18th Sheet, Yakima ���� Tuesday April 11, 2017 ;� 4:00 p.m. - 8:00 p.m. P a n n � nA *PLEASE WRITE LEGIBLY* wk eA) clues. e £ '�� -d' r s 1.,s ') Ge • Pt_ I P—c►. CitrtwO d dP1 1 rr � 9t yatiki.'.4 Name: �- {tel � rtf ��Gt� Mailing Address: 2� 5 ' � i �-�` �� B 0 vu/4--- Email: 04/11/2017 — Comp Plan 2040 Visioning Open House 398 Valley Quality Homes 1830 SOUTH FIRST STREET • YAK,IMA, WA 98903 • BUS: (509) 453-8937 • FAX: (509) 575-7702 April 10, 2017 IT f OF i AKi CODE ADMIN. D'VIS1ON APR 1 1 2017 Mr. Joseph Calhoun, Senior Planner EC'VCr FAXED LI City of Yakima PAID FYI 0 129 North Second Street Yakima, Washington, 98901 RE: Comprehensive Plan 2040 Update & Draft Supplemental SEIS Dear Mr. Calhoun: This letter is in response to your request for written comments on the above proposal. For the record, Valley Quality Homes of Spokane, LLC is the owner of Parcel Numbers 191320-33429, 33430, 33431, 33432, 33433, 33434, 33435 and 33441. These parcels will be affected by the proposal that contemplates changing the underlying comprehensive plan designation from Arterial Commercial to Mixed Residential. This letter is being written in OPPOSITION to that proposal. This property was purchased in 2007 for the sole purpose of future commercial endeavors that would be compatible with the Yakima Speedway which abuts this property to the east. The property was purchased from the owner of Yakima Speedway and is intended to be developed in conjunction with that property once the current land use ceases and a new land use emerges. The property is currently vacant and is not a good site for residential housing. Specifically, the intensity of the existing land uses in the surrounding area is incompatible with residential housing. The noise, dust, light, glare, long hours of operation and high volumes of traffic that are generated by surrounding land uses are just a few of the adverse impacts that make residential housing and commercial uses within this neighborhood incompatible with one another. Since the subject properties are on the "cusp" of the City's proposal for the Future Land Use Map Change between the proposed Mixed Residential designation and. the exiting Arterial Commercial designation, we would suggest that the change be made west.of� properties. This would permit our property to_aet:as'a:buffer.'between the expected comm xa r s lying east of .t :est and the expected esi tial U °lying; we ft re f .use. fir -'• _lw,__ "f. "^Frafell' .. i Based on all the above, we are requesting that all our property be removed from the above proposal. Thank you for your consideration. If you have any questions, please contact me at 509-453- 8937. Sincerely, a Busey 399 JERRY D. TALBOTT TALBOTT, SIMPSON & DAVIS ATTORNEYS AT LAW 308 N. 2ND STREET Yakima, Wa. 98901 (509) 575 7501 FAX (509) 453 0077 Email: jtaIbott(c ta1bottlativ.com April 18, 2017 Joan Davenport AICP Director Department of Community Development 129 N. Second Street, 2" Floor Yakima, Wa. 98901 Re: Comprehensive Plan 2040 Comments 400 RECEFIvED APR 2 G 2017 CITY OF YAfflt 9?I 13)6, 'NI! We represent the Ahtanum Irrigation District and wish to comment on the proposed 2040 Comprehensive Plan in regard to water and utilities. 1. We want to be sure the Hugh Bowman ditch is correctly labeled on the City/County maps. George Marshall, our stream patrolman will be happy to supply maps and information in this regard. 2. When utility trenches, and their associated granular pipe bedding and backfill materials are placed through areas of surface water and/or shallow ground water, they can impact surface/groundwater conditions by providing a higher permeability pathway for surface/ground water to flow. In some cases, trenches can act as surface/ground water drains and result in lowered surface/ground water elevations compared to pre -trench conditions, which in turn can negatively impact environmental conditions( wetlands, springs, streams) as well as local surface and ground water users. When trenching in the vicinity of irrigations ditches, other surface waters, or through ground water, cutoff trench dams of impermeable material (clay) will be required to be placed across pipe trenches, as 401 necessary, to prevent the movement of water along the outside of the pipe within granular bedding and backfill materials. Trench dams are required to be installed using proper construction specification, materials and frequencies for the conditions encountered by particular projects. Utility project planning and design should consider and address any potential impact on surface and ground water conditions. 3. All new developments in AID within the City limits are required to continue the use of existing irrigation water (where available) rather than allowing developments to switch to irrigation from potable water sources. We will be examining this when asked to approved plats within the District. 4. We continue to be concerned about the automobile traffic in the Ahtanum area. As new developments are built, the traffic becomes an increasing problem. Very truly yours, Jerry D. T Ibott RECEIVED APR 2 6 2017 CITY OF YAKIMA DIV BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 1 Item No. 10. For Meeting of: June 6, 2017 ITEM TITLE: Public hearing and Ordinance to consider Growth Management Act Updates: Development Regulations Implementation - YMC Title 14, Title 15, and Title 17 SUBMITTED BY: Joan Davenport, Al CP, Community Development Director Joseph Calhoun, Planning Manager (509) 575-6042 SUMMARY EXPLANATION: The Growth Management Act (GMA) requires cities to review and revise its comprehensive plan and development regulations on a periodic update cycle. The City of Yakima is required to complete its update cycle by June 30, 2017. The City of Yakima began its update in early 2015 by adopting a Public Participation Plan (Resolution R-2015-071). The proposed Development Regulation amendments to YMC Titles 15 and 17 are consistent with the GMA and Best Available Science (BAS). ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt Ordinance. City Manager BOARD/COMMITTEE RECOMMENDATION: Planning Commission held an open record public hearing on 5/10/17 and recommended approval. ATTACHMENTS: Description Upload Date Type 2 O Ordinance 5/31/2017 Ordinance Exhibit "B" Development Regulations Track Changes O 5;31/2017 Backup Material Summary O Development Regulations_Complete Oean Version 5/26/2017 Cover Memo O YPC Recommendation 5;26/2017 Backup Material O Public Comments 5/26/2017 Backup Material